Whether the proper driver is to be hoped that the rest of the drivers go by the rules? According to the Supreme court, Yes. However, not in all situations.Michael Kolodochkin “driving”Expert
Can I, as a law-abiding driver to expect that all other members of the movement also follow the Law? Or in any situation I have to go through in my head all sorts of situations of the type “what if…”?
At the beginning of perestroika, the answer would be affirmative: Yes, of course! Proof for the doubters — in the order of the interior Ministry of the USSR dated July 16, 1986. № 139 “ON APPROVAL of RULES of the ROAD”. Quote:
…1.5. Every participant of road traffic complying with these Rules, shall have the right to expect that other persons comply with the requirements of the Rules.
Restructuring, as you know, self-destructed. Along with it quietly disappeared and the said paragraph of the SDA. The consequences were not long in coming.
One of the most striking manifestations of this uncertainty were the so-called objecti, that circle flow law-abiding drivers on the potholes on the right. Moreover, in some cases, drivers who traveled under the sign “Give way” and do not miss obojetnie, to punish. Because obcasnik though it broke the rules, but broke them driving on the main road! So to give him a choice.
The most famous of these precedents was a long consideration of the case of the driver of the Samara region, when six years ago, the one turning left, collided with abecednim moving right. Then the car traveling in the opposite lane stopped, but obcasnik did not. Perpetrators recognized both parties to the accident, and the hero of our story was charged that he, allegedly, didn’t give way to the right.
It took several years to legislate common sense, saying that obcasnik has no advantages! To handle the situation, it took a special resolution of the Plenum of the Supreme Court of the Russian Federation No. 20 of 25.06.2019. Cited p. 14:
…The driver of a vehicle driving in violation of traffic regulations of the Russian Federation on the path, which is not allowed (for example, at the roadside, in the counter direction on road with one-way traffic), or entered the intersection on forbidding signal of a traffic light, gesture of the traffic controller has no pre-emptive rights movement, and other drivers (for example, leaving the surrounding area, or performing rotation) there is no obligation to give way.
Closed: now the question? In my opinion — not until the end. The fact that this decision indicates only the possible violations, but to enumerate all the nonsense is impossible. And if, for example, some ham instead of the roadside you dare to ride, say, traffic island or dividing strip, then it may well be that in the event of an accident the blame will be again you. Say, not provided, not calculated — you never know.
However, lawyers disagree, and optimistic.
Sergei Smirnov, a lawyer and a regular contributor to driving.Sergei Smirnov, a lawyer and a regular contributor to driving.
In the current edition of the SDA reads as follows:1.3. Participants of traffic are obliged to know and comply with the related requirements of Rules of traffic signals, signs and markings and to comply with the orders of regulators acting within their rights and regulating traffic signals installed.In other words, we are talking about what each member of the movement must follow the Rules. So you as a participant of that motion shall have the right to count on it!
Well, according to the lawyer, I can hope for is that the car is facing a red light, suddenly explode at the intersection of my path. I want to believe that the traffic police and the courts, if it comes to them, will adhere to the same opinion.
But I’m on the road will always be the reinsurer. Because the lawyer — he’s far away, and inadequate… he is always somewhere nearby.
- Who are objecti and how to deal with them, read and see here.
- Useful multifunction accessory, which combines video recorder, radar detector and GPS informer will be relevant in every car.