It seems to have everything, chewed detail about the sign. But questions from you, our dear readers, keep coming. And some of them are very interesting. As, for example, in the title.
Earlier in the case of an accident, when the participant of traffic “caught up” in front of the car, acted simple rule — back, he is guilty. Now the situation is not so clear.Earlier in the case of an accident, when the participant of traffic “caught up” in front of the car, acted simple rule — back, he is guilty. Now the situation is not so clear.
Let me remind you, the obligation to place at the rear of the vehicle the sign “Spikes” acted before (p. 8 of the Basic provisions for the admission of vehicles to operation and clause 2.3.1 SDA). But only on 4 April last year for the offense began to attract to administrative responsibility. If your car, shod in spiked tires will not have the triangle with the letter “W” and you will stop the traffic police inspector, he will have to initiate proceedings on administrative violation for driving a vehicle in the presence of malfunctions or conditions at which operation of vehicles is prohibited (paragraph 1 of article 12.5 of the administrative code). Penalty — 500 rubles.
It’s good that in this case the inspector should not forbid you to proceed, and can only offer to do it (p. 259 of the Administrative regulations of execution by the Ministry of internal Affairs of the Russian Federation the state function on implementation of Federal state supervision of observance by participants of traffic of requirements of the legislation of the Russian Federation in the field of road safety, approved by order of Ministry of internal Affairs of Russia from 23.08.2017 No. 664). Many drivers such responsibility does not scare, and they continue to ride on vehicles fitted with spiked tires, no corresponding sign.
What happens if the car behind hit by another road user?
Usually in this situation, acted simple rule — back, he is guilty. After all, caught up violated paragraph 9.10. Traffic rules (the driver should observe such distance to moving ahead of the vehicle, which would allow to avoid collision, and also the necessary lateral interval providing traffic safety). But in this case, the culprit may refer to not being able to correctly calculate the distance from the lack of running ahead of the car of mark “Spikes”.
The official, considering case about an administrative offense, should first determine a causal relationship between the actions of traffic participants and of consequences and to what extent each offence influenced the accident.The official, considering case about an administrative offense, should first determine a causal relationship between the actions of traffic participants and of consequences and to what extent each offence influenced the accident.
Is it possible the mutual recognition of guilt, as in this case, both participants of road accident broke the rules?
Theoretically, Yes. With all the ensuing consequences. First and foremost, the nuances of indemnification by insurance. Indeed, in accordance with clause 22, article 12 of the Federal law of 25.04.2002 № 40-FZ “On compulsory insurance of civil liability of owners of vehicles” if all participants dorozhno-transport incident is found liable for damages, the insurers carry out insurance indemnity, taking into account the degree of fault of the persons that established by the court. This means that instead of 100% of compensation can be obtained, for example, 80%, and the missing 20% add to the already out of pocket. The ratio may be different, up to 50/50.
Of course, the official who will consider the case of an administrative offense, to begin to determine the causal relationship between the actions of traffic participants and of consequences and to what extent each offence influenced the accident. It is obvious that the accident in the first place, due to the lack of distance and not because of the lack of sign. And indeed the absence of a sign cannot be the cause of the accident. But the culprit, as I mentioned, may rest on the fact that not calculated a safe distance, because he did not know that the victim’s vehicle mounted spiked tyres, which in most cases allow you to stop the car earlier than posypanny. What was supposed to notify triangle with “W”. To determine how this factor affected the braking distance and possible to avoid collision, only an expensive examination.
Sticker with the sign “Thorns” is 50-100 rubles. Do you print or draw it yourself. However, the absence of a triangle with a “W” may result in serious financial losses. Better to save on something else.Sticker with the sign “Thorns” is 50-100 rubles. Do you print or draw it yourself. However, the absence of a triangle with a “W” may result in serious financial losses. Better to save on something else.
Again, like the situation with the mutual recognition of the types possible. Albeit still only theoretically. At least I still have a real court decision did not come across (if you know of such cases, write in the comments). But this does not exclude the possibility that precedent may not appear today or tomorrow.
In General, I advise not to tempt fate. And if your vehicle is equipped with spiked tires, the sticker is still better to buy and stick. It would be quieter. And possibly cheaper.
Sticker “ø” no, and you are caught up in the back. Oboyudka?!Sticker “ø” no, and you are caught up in the back. Oboyudka?!