Punishment for driving under a brick

What are the dangers of driving under a “brick”?

It's no secret that most motorists pay little attention to road signs, especially if the daily route has been thoroughly studied.

In such cases, in simple terms, the driver drives by instinct, knowing where to turn, where to slow down, and where to change lanes to the left so as not to miss the right turn at a roundabout.

Also, drivers remember the location of prohibition signs once and for all and in most cases do not allow themselves to relax and drive under a “steering wheel” (a “No Traffic” sign) or a “brick” (a “No Entry” sign), knowing that in these places they can get into trouble. to the traffic police patrol.

But there are situations when a motorist inadvertently drives under this sign and falls into the hands of a vigilant law enforcement officer. What to do if you are stopped for driving under a “brick” and whether it is possible to avoid liability - this will be discussed in our material today.

The author of these lines remembers well that the insidious “No Entry” sign can appear in any place most unexpected for a car enthusiast from the time he was studying at a driving school. The director of the driving school told the cadets a real, in his words, story that happened to his sister.

This happened back in the Soviet Union: one day, the sister of the director of a driving school got into her parents’ car to take groceries to relatives in a neighboring village.

I was driving along a familiar road, traveled dozens of times, and didn’t expect it at all when, turning into one of the turns, I saw a police baton in front of me.

The inspector who stopped the woman said that she had violated traffic rules by driving onto a road that was “guarded” by a prohibitory “No Entry” sign.

When the woman began to object that there was no trace of a sign here, and she had been driving along this route for years, the traffic cop parted the bushes and showed her a rust-covered “brick” that had probably been installed there during the reign of Tsar Gorokh.

The confused woman agreed with the inspector’s arguments, paid the fine on the spot and, upset, went to the village to visit her relatives. On the way back, having grabbed an ax from her relatives, out of frustration she knocked down the unfortunate sign and threw it away. Funny? For sure.

But the woman had the opportunity to avoid a fine if she knew in what cases the driver could be punished for driving under a “brick.” We are aware of these possibilities, which we will not fail to tell you about.

What penalties are provided for driving under a “brick”?

In the traffic rules of the Russian Federation, the effect of sign 3.1 is interpreted as follows: “The entry of all vehicles in this direction is prohibited.”

The definition is clear and understandable, isn’t it? However, there are several penalties for violating this sign.

The Code of Administrative Offenses of the Russian Federation contains several norms that justify the issuance of certain decisions and fines for driving under the same sign. It all depends on where this insidious “brick” is installed.

If sign 3.1 is placed at the entrance to the adjacent territory, where entering from your direction is strictly prohibited, then the traffic police inspector who catches you at this place can, guided by part 1 of Article 12.16 of the Administrative Code, verbally warn you that “you cannot go here” and let you go with peace.

Or, if a very principled law enforcement officer comes across, the case will end with the drawing up of a report on an administrative offense and the imposition of a fine of 500 rubles.

If you drove along a road along which buses and minibuses usually scurry about, and did not notice the “brick” hanging above it, then be prepared for a more serious fine of 1,500 rubles (according to Part 1.1 of Article 12.17 of the Administrative Code).

In this case, issuing a verbal warning to the violator is not provided - that is, the police officer will still write a report on you.

"Brick" and one-way traffic

But that’s not all - a much more severe punishment threatens if the motorist is careless and drives under a “brick” onto a one-way road. This, you understand, can lead to an emergency situation.

Therefore, in this case, an employee of the State Inspectorate for Road Safety, in accordance with Part 3 of Article 12.16 of the Code of Administrative Offences, “solders” into the protocol the highest fine for you - 5,000 rubles.

And, please note, the case may not be enough with just a monetary penalty - such an offense is punishable by deprivation of the right to drive a vehicle for a period of four to six months.

If you repeatedly drive under a brick, the punishment for such a repeat becomes even more severe - deprivation of the right to drive a car for a year. Let's make a reservation: not only the traffic police inspector can catch you red-handed and draw up a report.

This can also be done by photo and video cameras, of which there are already quite a few on the streets of Russian cities. In this case, a registered “chain letter” will be sent to your address, in which, according to Part 3.1 of Article 12.

16 of the Code of Administrative Offences, you will be required to pay a fine of 5,000 rubles.

What will help you avoid punishment for driving under a “brick”

Only at first glance it seems that the situation for the motorist who drove under the “No Entry” sign is hopeless.

In fact, there is a way out of such a peak situation and there is no need to rush to sign the indictment protocol.

Several factors can play into the driver’s hands; they need to be oriented and assess the situation in time. This will help, if not completely avoid administrative punishment, then at least mitigate it.

Factor 1 . The absence of information signs 5.5 and 5.6 on a one-way road, which are interpreted as “The beginning and end of a one-way road.”

That is, if you nevertheless drove under a “brick” onto a one-way road, but it is not marked with the indicated signs, you can appeal to the traffic police inspector and offer him to mitigate the punishment, limiting it to a fine of 500 rubles.

Factor 2 . Absence of signs 5.7.1 and 5.7.2 at exits from adjacent territories, which, according to traffic regulations, are interpreted as “Exit onto a one-way road.” In this case, you can also insist on reducing penalties.

Factor 3 . The absence of signs 3.18.1 or 4.1.1 before a right turn onto a road on which movement is prohibited by sign 3.1, which are interpreted as “Turn right is prohibited” and “Move straight ahead,” respectively. If there were no such signs, then this circumstance will help mitigate the punishment.

Factor 4 . GOST requires that the “No Entry” sign be installed above the road or to the right of it within 100 meters of the driver’s visibility.

If the sign was blocked from you by tree branches or another obstacle, and this can be determined from the place where your car was moving from (it is best to photograph this place or leave this fragment in the memory of the DVR), then there is every reason to convince the inspector of non-compliance with GOST, and , as a result, avoid punishment.

If the sister of the driving school director, discussed above, had known about this fourth factor, she would probably have avoided a fine. We, unlike her, were lucky. Remember: in any case, you have 10 calendar days to challenge the protocol issued by the traffic police officer if at least one of the factors we listed occurred. We wish you good luck and advise you to be more careful on the road.

Source: https://avtoexperts.ru/article/chem-grozit-proezd-pod-kirpich/

What is the punishment for driving under a brick in 2018?

Any car enthusiast is aware that sign 3.1 or, as ordinary people call it, “ brick ” means travel is prohibited . This means that ignoring such a sign by the driver leads to a fine or even more serious punishment from the traffic police.

For violating such a traffic rule, the car owner must bear responsibility, the lesser of which may be expressed in monetary terms. In the worst case, the price to pay for laxity may be not only the driver’s health, but possibly his life.

Therefore, today we will look at what kind of punishment a car owner faces for driving through a prohibitory sign.

What are the dangers of driving under a brick?

As you know, traffic rules change regularly, so the average driver is interested in the answer to the question: how much is the fine for driving under a brick in 2018? It is necessary to take into account that sanctions for such a violation can be completely different, in accordance with the situation on the track.

Drive under a brick if the traffic is one way

The first widespread option is a one-way road. Driving under such a sign in such a situation is a serious violation, since the driver puts not only himself at risk, but also others.

Of course, traffic police officers do not miss such violations and fight them harshly in every possible way. Today, for driving under a brick on a one-way road, the owner of a car faces a penalty of 5 thousand rubles.

In all remaining situations, the amount of penalties for such offenses is equal to 300 rubles fixed by law.

Deprivation of rights for driving under a brick?

But situations are possible when police officers are not limited to just imposing penalties on the driver. According to existing traffic regulations, driving under a sign also allows for the deprivation of a driver’s license if he enters a one-way traffic area after passing under it.

The situation is such that, according to modern traffic rules, this violation will be regarded as driving into the oncoming lane, for which, according to existing rules, the deprivation of rights is due. In such cases, everything depends on the prevailing circumstances, and the greatest punishment for the driver (imprisonment for an entire six months) is provided only when he creates an emergency situation on the road.

By the way, the traffic rules call driving under a “brick” the most common violation committed by Russian drivers.

How to challenge a fine for driving under a brick?

Sometimes there are situations when the owner of a car has the opportunity to challenge the introduction of penalties for driving under a “brick”. Alas, if the car has already crossed the prohibiting line, and the police are standing behind the sign, the driver has virtually no chance of leniency from the law.

In addition, there are certain conditions for installing a “brick” sign, which must certainly be fulfilled by law enforcement officers, and if these conditions are not met for any reason, then the driver has the right not to pay the fine or to challenge its existence. For example, this sign must certainly be clearly visible (according to traffic regulations, the visibility zone of the sign must be no less than 100 m). Such a particular example of installing a sign may allow a car driver to challenge the imposition of a fine.

Also, some drivers use the following trick: after detecting a “brick” sign, when turning back is no longer possible, it is possible to go in reverse on a one-way road.

This means that you should move in the direction of oncoming traffic to the most convenient place for a turn. In this case, the fine will be fixed and amount to 300 rubles, and no further punishments or sanctions will follow.

But this option should be used only in exceptional cases, and only by a person who has been sitting in the driver’s seat for several years.

How to pay a traffic police fine online with a discount

The opportunity to pay a number of fines at a discount has only recently existed, since 01/01/2016. It is possible to pay a fine for driving under a brick with a 50% discount.

It should be noted that payment of traffic police fines with a half discount is possible only in the first 20 days, after the relevant resolution is issued by police representatives.

Not in the first few days, as most people mistakenly think, but precisely during the first twenty days.

Payment of the fine can be made from any working payment terminal or by regular bank transfer, and the driver is only required to enter the necessary details.

Traffic police fines must be paid on time, as late payments may result in penalties. If you don’t have the money at the right time, you can borrow the required amount until payday.  

If you have questions, consult a lawyer

You can ask your question in the form below, in the online consultant window at the bottom right of the screen, or call the numbers (24 hours a day, 7 days a week):

• +7 (499) 577-01-78 — Moscow and region;
• +7 (812) 467-38-97 — St. Petersburg and region;
• +7 (800) 511-81-04 — all regions of the Russian Federation.

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Source: https://law-pravda.ru/avtoyurist/shtraf-za-proezd-pod-kirpich-pdd.html

What is the penalty for driving under the “Brick” - the “Entry is prohibited” sign

In this article, we will look at what the consequences are for driving under the “Brick” sign “No Entry” and what penalties are applied to the driver who committed this traffic violation.

To prohibit passage in certain places on the road, according to the traffic rules, a prohibitory sign 3.1 “Entry prohibited” is installed. All cases in which this sign can be installed are listed in GOST R 52289-2004 (clause 5.4.2).

The “No Trespassing” sign, or “brick” sign, is installed:

1. On sections of roads with one-way traffic to prohibit the movement of cars in the opposite direction;
2. On roads with a lane for route vehicles, marked with the appropriate sign 5.11 - to prevent vehicles from driving in the opposite direction to the general flow, as well as on roads marked with a sign 8.14 “Traffic lane” - to prevent entry into the lane allocated for route vehicles;
3. To organize separate entry and exit points at rest areas, gas stations, parking areas and other similar areas;
4. To organize a ban on entry to a separate section of the road or a separate lane.

What fines are provided for driving under a “brick”?

Liability for violating the requirements of sign 3.1 “No Trespassing” will vary depending on where the sign is installed.

Speaking about the consequences for driving under a “Brick” - a “No Entry” sign, it should be taken into account that driving under a “brick” onto a one-way road in the opposite direction provides for the strictest penalty. Administrative liability for this violation may be in the form of deprivation of the right to drive a vehicle for a period of 4 to 6 months or a fine of 5,000 rubles.

The fine for driving under a “brick” into a public transport lane, that is, on a road on which only route vehicles are allowed to travel in this direction along a dedicated lane, will be 1,500 rubles. At the same time, in Moscow and St. Petersburg the fine will be higher – 3,000 rubles (see Parts 1.1, 1.2 of Article 12.17 of the Code of Administrative Offenses of the Russian Federation).

Passage under the “brick” in the adjacent territory. If sign 3.1 “Transmission prohibited” is installed at the entrance to the adjacent territory, entry into which from this direction is prohibited, Part 1 of Art. 12.16 of the Code of Administrative Offenses of the Russian Federation provides for a warning or an administrative fine in the amount of 500 rubles.

The fine for driving under a “brick”, unless it was imposed again, the violator has the right to pay in the amount of 50% if he manages to pay it within 20 days from the date of the decision to impose an administrative fine (see.

Part 1.3 Art. 32.2 Code of Administrative Offenses of the Russian Federation). Please note that if enforcement of a fine is delayed or delayed, the option to pay the 50% fine will no longer be possible and you will be required to pay the full fine.

The procedure for bringing to justice for driving under a “brick”

If violation of the requirements of the “No Travel” sign in your case implies liability in the form of a warning or a fine, a decision on the administrative offense will be issued directly on the spot by an official entitled to do so.

When drawing up a protocol and resolution, the traffic police inspector must present this document to you for your review and signature. You can unconditionally sign a document only if you are firmly confident that the information contained in it is correct. Before signing, we recommend that you clarify the degree of guilt that will be affected, including the following circumstances:

1. Sign 3.1 “Entry prohibited” must be installed at the entrance to a one-way road from the side opposite to traffic;
2. Also, a one-way road must be equipped with signs 5.5 and 5.6 “Beginning and end of a one-way road,” which must be installed in the opposite direction;
3. Exits from adjacent territories onto a one-way road must be marked with signs 5.7.1 and 5.7.2 “Exit onto a one-way road”;
4. According to the rules of GOST R 52289-2004 (clause 5.1.4), road signs must be installed to the right of the roadway or above it. In this case, the visibility distance of any road sign must be at least 100 m.

These circumstances can completely relieve the driver of liability, for example, if the “No Passing” sign was hidden by the foliage of a tree, blocked by a truck, or for other reasons it was impossible to see it from the required distance.

If you do not agree with the protocol, you can write your disagreement on the protocol and indicate the reason. For example: “I don’t agree with the protocol because sign 3.1 was blocked by a parked truck, which is why I couldn’t see it.”

The procedure for appealing the actions of a traffic police inspector

After you receive a copy of the decision to impose a penalty or the decision is handed to you, you will have 10 days established by law to appeal the actions of the traffic police officer (Part 1 of Article 30.3 of the Code of Administrative Offenses of the Russian Federation).

In accordance with clause 3, part 1, art. 30.1 of the Code of Administrative Offenses of the Russian Federation, you can appeal the decision to a higher authority, a higher official or to the district court at the place of consideration of the case.

Important! Violating a “No Entry” sign in any place where there is no one-way traffic, for example, when entering a parking lot, parking lot, etc. site cannot entail punishment in the form of deprivation of the right to drive a vehicle.

Source: http://www.PapaJurist.ru/cars/chto-grozit-za-proyezd-pod-znak-vyezd-zapreshchen/

Fine for driving under a brick in 2018

Many drivers are painfully familiar with the “No Entry” road sign. Today, the courts of all Russian regions are literally inundated with cases and this shows one thing - every third driver, for certain reasons, is accustomed to ignoring such warnings and, accordingly, receives a fine for driving under a brick.

Traffic regulations clearly and clearly indicate that driving under this sign is strictly prohibited. So why is it that a huge mass of motorists not only actively violate this rule, but also actively point out that the fine for the brick was issued to them illegally?

What is this sign and where is it installed?

Sometimes it is accompanied by additional signs in the form of the direction of a certain movement. In this case, driving is prohibited in exactly the direction in which it points.

In order to make it more clear, we should separately highlight each situation in which this sign is installed and what it means:

1. If “entry is prohibited” on a roadway where there is only one-way traffic, this sign is necessary to prevent cars from moving in the opposite direction.
2. Bricks are also needed on those sections of roads that are intended only for buses and other vehicles for transporting passengers. A trip to a brick with a fine in this case will be one whole.
3. It is also customary to install prohibition signs on those sections of the roadway where there are obstacles. The brick in this case is intended to notify motorists of a dangerous section of the road.
4. In addition, it is installed before leaving a certain area where any movement is unacceptable, or entry from the direction of the installed sign is simply not allowed.
5. And finally, another category of places where prohibitory signs must be installed. These are gas stations, parking lots, some courtyards, recreation areas and other areas where “bricks” are used to separate exits from the territory.

You should be extremely careful when visiting various places by transport. If in one such place there “accidentally” appears a sign prohibiting travel, you can easily run into a fine for such movement, since such places are favorite for traffic police officers.

Violation and punishment

Before we start talking about fines for driving under a brick, it should be clarified that they can only be issued if “entry is prohibited” is established in accordance with all existing rules, namely:

1. The prohibitory signal must be installed at a distance of 25 meters from a certain area and at a height of no lower than 2 meters and no higher than 4.
2. If a certain area is located on a suburban highway and has a restriction, the “no passage” road sign is mounted at a height of one and a half to three meters. The distance from it to the prohibited area should be 50 meters.

In addition, even if all these rules are followed, but the passage is blocked by something, for example, bushes, advertising poles, etc. interfere with the view, you can safely appeal the penalty when entering under “prohibited”.

As for what fine will be issued for driving a car under a brick, it depends on some related factors:

1. Were there any aggravating consequences?
2. How many times has such a ride been recorded?
3. And how was it recorded that driving under a brick is prohibited by traffic regulations? That is, by a traffic police officer in person or through a video camera.

The full severity of the prohibited movement and the consequences (if any) will be reflected in the report of the traffic police officer and in the protocol. All data from these documents, as a rule, plays the most important role in a court hearing, unless, of course, this offense is considered in a court hearing.

If the driver drove under a prohibiting sign, his action falls under administrative liability in accordance with the Code of Administrative Offenses.

At the beginning of 2018, the amount may be:

1. 500 rubles for the fact that a motorist drove under a ban into a certain territory, in front of which, in accordance with all the rules, a ban has been established. For this entry under a brick, the fine is minimal and in this case it does not require the deprivation of a driver’s license.
2. If a driver goes under a ban on a lane that is intended exclusively for minibuses, the amount of the penalty is 3,000 rubles for St. Petersburg and the capital. For other regions it is lower – 1500 rubles.
3. The most serious punishment for a driver for violation is 5,000 rubles or deprivation of his driver’s license for six months. You can be punished this way for driving under a prohibitory sign into an oncoming lane in one-way traffic. In this case, punishment cannot be avoided even if only one rear wheel is fixed.

When a similar violation (driving in the oncoming lane) is repeated, the punishment includes deprivation of rights for 12 months. This is provided that the violation was recorded by a traffic police officer personally. If the violation is caught on camera, the driver will face another fine in the amount of 5,000 rubles. In this case, no one is deprived of rights, no matter how many offenses there are.

Is it possible to challenge a fine issued in court?

In fact, absolutely any penalty can be challenged. Even with such a traffic violation, measures can be taken to challenge it, and this again depends on some factors, for example:

1. If “passage prohibited” was established with deviations from the rules. These requirements include the standards described above for the height of the sign, location, and how clearly it is visible from the road. In the case where the driver can explain to the court that he, in principle, could not see the entry ban due to poor visibility, there is a lot of chance to avoid punishment. It should be added right away that statements alone will not be enough. You should supplement your statement with video footage or regular photographs, which should show prohibitory signs and the location of the violation.
2. You can also safely file an appeal if it is reliably known that the installation of a prohibitory sign is illegal. Often, the owners of certain enterprises arbitrarily establish such prohibitions in order to prevent traffic on their territory. In addition to the fact that the driver will be able to avoid punishment, this organization itself will be held accountable, since independently installing road signs without permission from the traffic police is illegal.
3. Often signs are accompanied by special plates. Few drivers know that some of them are fundamentally unacceptable for installation, for example 8.4.1 and 8.4.8. Or 8.3.1 and 8.3.3. If a penalty is imposed for a section of road with one of these signs, the penalty can be challenged.

If these aspects were not present, and driving in violation is recorded, as already mentioned, the driver may not only be held accountable in the form of a monetary penalty, but also deprived of his driver’s license. The more consequences there are for violation, the more serious the punishment will be.

Video: How officials were banned from entering under the “Brick” sign

Source: https://pdd-helper.ru/shtrafy-i-obzhalovaniya-vezda-pod-kirpich/

Punishment for driving under a brick in 2018

Driving under a “brick” sign is not always as serious a violation as driving on a solid road or on a red traffic light. It all depends on the location of the violation and the consequences that it could entail: from creating inconvenience for road users to an accident. In accordance with this, the driver faces punishment: from a small fine to deprivation of his license.

What is considered an offense

A road sign prohibiting the passage of vehicles on a given section of the road is called a “brick”.

It can be installed in the following cases:

• on a one-way road on the reverse side - there must be signs indicating the beginning and end of one-way traffic;
• on a lane allocated exclusively for route vehicles;
• in the adjacent territory (for example, to a gas station, supermarket, underground parking) - a sign “exit onto a one-way road” is placed;
• at a detour site (for example, during repair work), where driving straight ahead is prohibited.

If necessary, special signs called information signs are installed next to the “brick”.

Sign 3.1 is a red circle with a white rectangle in the middle. Meeting it on the road means that the driver needs to look for a detour.

The “passage prohibited” sign is placed in accordance with GOST. They are located in front of the place where movement is limited, at a height of two to four meters, at a certain distance: 25 meters in a populated area and 50 meters outside it.

They are installed at turns or intersections. At the end of the site there should be signs canceling the restriction.

The effect of the “brick” applies to all cars, except for route transport (which includes buses, trams and trolleybuses), moving along a specific route with designated stops, intended for the transport of passengers.

A car driving in reverse on a one-way road, on the reverse side of which there is a “no passage” sign, also violates traffic rules . But the action can be interpreted as failure to comply with the instructions of a traffic sign (not 3.1) or markings. Therefore, he faces another sanction, less severe.

Responsibility

Driving under a “no traffic” sign may result in a penalty, which will depend on the location of the violation and how many times it was committed:

Traffic situation	Responsibility
Entrance to the adjacent territory: gas station, parking, access roads to medical or other government institutions	Warning or penalty in the amount of 500 rubles
Driving in a lane designated for public transport or stopping on it The same action performed in Moscow or St. Petersburg	Fine 1,500 rublesFine 3,000 rubles
Driving on a one-way road in the opposite direction	Collection of 5,000 rubles or deprivation of a driver’s license for 4-6 months
Repeated violation recorded on a video camera	Fine 5,000 rubles
Repeated violation registered by a traffic police officer	Revocation of driver's license for a year

A driver will be held liable for driving under sign 3.1 only if it is installed in compliance with the conditions of GOST. If the sign cannot be seen further than a hundred meters, or it is obscured by trees, the groundlessness of the fine should be established in court.

If a fine for driving under a brick (with the exception of a repeated violation when driving in the oncoming lane) is paid no later than 20 days from the date of receipt, the driver will receive a discount of 50 percent.

How to pay

The fine for driving under a brick in 2018 can be paid by spending a minimum amount of time. You don’t have to go to the bank or post office and stand in lines; you just need to use a computer connected to the Internet.

To everyone’s joy, thanks to Internet services it has become possible to find out information about fines issued to a citizen or vehicle.

On the traffic police website, the debt is repaid in a few minutes without charging an additional service fee. It is carried out by transferring funds from a bank card account or mobile phone.

The advantages of this method include faster and more reliable receipt of information about traffic violations using the number of an administrative resolution, registration certificate or driver's license. 

On the traffic police website, unlike the State Services Portal, there is no mandatory registration or a personal account required.

You need to go to the site and then:

1. Click on the “Check fines” button, which is located in the lower right corner.
2. Fill in the data requested by the service about the state sign and registration certificate” and click on “Request verification”.
3. After entering the captcha, a table with unpaid offenses will appear.
4. Select the fine you want to pay first and click “Pay online.”
5. Decide on the payment method: card, through an electronic payment system, etc., enter data and confirm the operation.

On the State Services website, information about unpaid fines can be obtained by car number and driver’s license. If there is a violation, it will provide information about the time and place of the violation, the number of the administrative protocol, the article of the Code of Administrative Offenses and the amount of the penalty.

In the Internet banking of Sberbank (or another bank), the fine is paid by bank card without commission, using the driver’s license number or receipt.

You can also use electronic payment methods: Yandex.Money, WebMoney, Qiwi. Each of them pays a certain commission.

You must keep your receipt of payment. Sometimes there are failures in the system, and in the event of a misunderstanding with law enforcement officials, they should be presented with a printed receipt.

Is it possible to challenge

It will be very difficult to appeal against entry under a “no entry” sign. Therefore, you should start at the stage of drawing up the protocol. If the driver does not agree with the traffic police inspector’s accusation, there is no need to refuse to sign the document.

In the appropriate column “Explanations of the person”, a note should be made indicating disagreement with the imposed punishment. It is also necessary to indicate the reason for the offense committed: poor visibility of the sign, installation that does not comply with GOST. In the future, this will help you avoid collection and prove that you are right.

The complaint is filed within 10 days after delivery of the decision on administrative liability. There are two options: the district court and the department of the State Traffic Inspectorate, where it will be considered by the head of the officer who issued the report.

The court has two months to study the material, while law enforcement agencies have only 10 days to make a decision.

When drawing up a complaint, the applicant should adhere to the following points:

• indicate the name of the organization, initials and position of the person to whom the paper is being submitted;
• enter the number and date of the resolution;
• ask for the cancellation of the document on the offense;
• set out clear reasons for re-examining the case;
• provide facts proving innocence: links to regulatory documents, video recordings, photographs, testimony of witnesses;
• put the date and sign.

The more evidence a citizen has, the more chances he will have to change his punishment. The result of the proceedings may be: rejection or satisfaction of the complaint, as well as referral of the case for a new consideration (if additional circumstances arise).

The grounds for canceling a fine may include:

• lack of evidence of an offense;
• incorrect qualification, the punishment may be replaced by a more lenient one;
• the fact of a repeated violation has not been proven;
• incorrect installation or insufficient visibility of the sign;
• lapse of time.

You should appeal against the actions of the traffic police officer who drew up the protocol for driving under a “brick” only if the driver is sure that there is no corpus delicti. But even in this case, confidence alone will not be enough; irrefutable evidence must be presented.

Video on the topic:

Source: https://autouristpro.ru/shtraf-za-proezd-pod-kirpich/

Fine for driving under a brick: size and traffic police rules

Test yourself, or gain new information, using the example of a “simple” sign 3.1. - “entry prohibited”, more popularly known as “brick”. The results may well force you to study the installation rules and possible fines for other signs in more detail and meticulously.

How to calculate the fine for driving under a “brick” yourself?

Bricks are different not only in construction. The sign itself, of course, is the same everywhere - a white rectangle on a red background. But the responsibility for ignoring it varies very markedly depending on the installation location. What will be the fine for driving under a brick in 2018? The data is taken from the latest editions of the Traffic Regulations and the Administrative Offenses Code (Code of Administrative Offenses).

Get off easy

In legal terms, entry into a “brick” is determined by Article 12.16 (Part 1) of the Code of Administrative Offenses of the Russian Federation, and “costs” only 500 rubles. Such signs are installed where entry into a certain area from your lane is prohibited (in parking lots, gas stations, entrance to a yard). If you are not a persistent offender, you can only get off with a warning.

"Bricks" are more expensive

Signs often duplicate one another. By ignoring sign 3.1 when making a left turn, as a rule, you are violating one more of the points: “left turn is prohibited”, or “crossing a solid lane”. The punishment in this situation will also be stricter, and is estimated at 1000-1500 rubles.

Find out about the penalties for not wearing a seat belt in another article.

Ignoring road rules that does not lead to an accident is regulated by the administrative code. We do not consider accidents and options to “agree” (a joint violation of the law with an inspector already within the framework of the Criminal Code, which can lead to a much more serious punishment).

"Severe" violation

You can not only pay a hefty fine, but also lose your driver’s license (Part 1 of Article 28.6) in a situation where turning under a brick leads to driving towards you in a one-way lane.

Such a “maneuver” creates an emergency situation and entails a more severe punishment. Even if everything worked out well, you will have to pay a fine of 5,000 rubles (Part 3 of Article 12.16), or be left without a license for a long 6 months.

The exception is driving on a one-way road in reverse if there is an objective need (to avoid an obstacle or to park).

You are being filmed by a hidden camera

The fine for driving under a “brick” on a camera (or for any other method of recording a violation), even if this is your repeated violation, will be the same 5,000 rubles. The rights will definitely remain with you. In the event of “contact” with a living inspector and a repeated gross violation, you can lose your rights for as long as a year.

Possible divorce from the inspector

The wave of the striped wand does not affect only taxi drivers. Seasoned drivers with experience give up no less than newcomers, and begin to feverishly think about what they have done wrong. And here's luck for the inspector - they drove out from the wrong side of the supermarket parking lot.

“Cortal sin” - driving under a “brick”. Intimidation begins about deprivation of rights or a huge fine, offers to “agree” at the rate of up to 5,000 rubles. Remember firmly: your license can only be revoked for driving head-on into oncoming traffic.

The described violation costs only 500 rubles.

Read about penalties for violations at railway crossings here.

When can you not pay at all?

There are cases when the protocol is not only possible, but also necessary to challenge. Not everyone will want to fight for 500 rubles. But if it is possible to remain without rights... Let’s list the cases when it is possible to achieve the cancellation or mitigation of the punishment:

1. If it is possible to prove the unauthorized installation of the sign.
2. If the ban is simply not visible (hidden in tree branches or hidden by a parked truck). In this case, you will have to attach a video or photo to the protocol, because the branches may be cut, and the truck will certainly drive away.
3. The one-way lane is not marked with signs 5.5 and 5.6, indicating the beginning and end of the road, and when entering it from your lane, there are no signs 5.7.1 or 5.7.2 - one-way traffic to the left (right).

Source: https://rulila.com/shtrafi/kakoy/stroymaterialy-na-doroge-shtraf-za-proezd-pod-kirpich.html

What is the current fine for driving (entering) under a “brick” sign?

Any violation of road rules entails prosecution, including driving under a brick, the fine for which is specified in the norms of the Code of Administrative Offences. A no-entry sign, or “brick” sign, acts as a restrictor for vehicle traffic in the area where it is installed.

What does the "brick" sign mean?

Appendix 1 to the Traffic Regulations of the Russian Federation regulates the presence of a graphic sign “Entry prohibited”. In the center of the graphic designation on a red background is a horizontal white rectangle, often referred to by citizens as a “brick”. It involves a complete ban on traffic in the direction of the sign.

Where is the prohibition sign installed?

Entry for vehicles is prohibited in the following cases:

1. When a vehicle enters in the opposite direction onto a road where only one-way traffic is allowed.
2. When a driver enters a roadway on which only route vehicles are allowed to move in a given direction along a specially designated lane. These means include minibuses, buses, and trolleybuses.
3. When a car enters an adjacent territory, travel through which is prohibited from this direction.
4. When there is a need to avoid obstacles. In such cases, along with a prohibition sign, a sign indicating the direction of vehicle movement is installed.

An additional function of the “brick” sign is the separation of entry and exit lanes for motor vehicles. Similar signs can often be found in the parking lots of gas stations, shops, enterprises and institutions, cafes and restaurants.

Fine for driving under a brick

Violations related to failure to comply with prohibitory signs include driving under a brick. The fine for this offense is established within the framework of the Code of Administrative Offenses of the Russian Federation. There are different amounts of penalties for violating traffic rules.

Driving under a brick within the framework of Part 1 of Art. 12.16 of the Administrative Code will entail a fine of 500 rubles. Part 3 of the same article talks about the driver driving in the opposite direction on a road where only one-way traffic is provided. The roads described also contain a "brick" sign.

If the order of one-way traffic of motor vehicles is violated, a person will be required to pay a fine of 5,000 rubles , and the article also provides for deprivation of the right to drive a car for up to 6 months.

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Repeated commission of an offense regulated by Part 3 in accordance with Part 3.1 is punishable by deprivation of the right to drive a car for 1 year.

If a repeated violation is recorded by technical means of monitoring the road in automatic mode, the person faces a fine of 5,000 rubles . As a rule, such technical means record violations through photography, filming and video recording.

Thus, we can conclude that the size of sanctions for individual violations may vary depending on the specific situation on the road.

Such circumstances also apply to violators who drive under a brick, a fine for which will be imposed by the authorities, taking into account the requirement to comply with the one-way traffic order.

This situation gives rise to many disputes and ambiguities during the application of legislative norms to a specific traffic violation.

Criteria for assessing the risk of violation

To determine the type of punishment under Part 3 of Art. 12.16 of the Administrative Code, one should proceed from the degree of public danger of the unlawful act committed by the offender.

Thus, punishment in the form of deprivation of the right to drive a car is usually imposed on those persons who, through their illegal behavior, created a real threat of harm or caused harm to the life, health or property of others. Less dangerous violations will result in fines.

The basis for bringing a person to punishment is the report and protocol of inspection of the scene of the incident, drawn up by a traffic police officer.

Depending on the content of these legal documents, which describe in detail the circumstances of the offense, the degree of danger of the act will be determined.

An important role is played by the explanations of the violator and witnesses who observed the commission of an administrative offense in the form of a collision with a brick sign. A fine is usually imposed on persons who have not previously committed traffic violations.

The violation committed in the parking areas has certain specifics. Driving under a brick, the fine for which is established under Part 3 of Art. 12.16 of the Code of Administrative Offences, will have less public danger than other types of travel under a prohibitory designation.

Signs in places where traffic accumulates play the role of a regulator for the uninterrupted entry of transport; violation of such graphic signs will not pose a high danger to society if it does not entail serious consequences.

An exception

Resolution of the Plenum of the Supreme Court of the Russian Federation dated October 24, 2006 N 18 provides for the possibility for citizens to drive in reverse on a one-way road.

In this case, the person will not be held accountable for violating the “No Entry” sign. The necessary conditions for the legality of this action are the safety of the maneuver and the objective necessity of its implementation.

Such maneuvers are usually necessary to park in a parking lot or to avoid any obstacles located in the vehicle's path.

Illegal installation and use of a sign

Responsibility for driving under a prohibitory sign does not always apply to the violator, since there is a persistent tendency towards the illegal installation of such signs. The designation is used unlawfully by some persons.

Only those signs that are installed and operated in accordance with state standards of technical means of traffic management can be considered legal.

If the culprit proves that it is inadmissible to install the sign on the territory of the violation, he will avoid administrative liability.

Symbol visibility

An important element of an administrative offense is the guilt of the offender. Guilt means that the person driving under the prohibitory sign was aware of the social danger of his actions and foresaw the possible consequences of the violation. In order for the driver to know about the presence of a sign on a section of the road, the sign must be within sight from the driver’s seat.

The rules for installing signs state that such signs must be fixed so that the visibility distance of the image reaches 100 meters. The rules also establish the specific position of the sign on the road section and the objects on which it can be located.

Thus, a violator who commits an illegal act in the form of driving under a prohibiting “brick” sign intentionally must be prepared to pay a fine or be deprived of the right to drive for a long period. 

Source: http://nsovetnik.ru/shtrafy_gibdd_lishenie_prav/kakoj_sejchas_shtraf_za_proezd_vezd_pod_znak_kirpich/