No prohibitions and traces
Should not think that we urge to go that way. It will just about how to defend themselves if an inspector alleges that the driver failed to comply with the prohibitions or restrictions imposed road signs .
At once: in situations where violation was obvious, like accommodation \u0026quot;under the\u0026quot; brick \u0026quot;\u0026quot; eyes traffic policeman Prove something is difficult. But often there are other situations - the controversial ever to interpret the requirements and area of the sign be different, or the inspector does not consider exceptions to the general rule established by the SDA. There are times when the signs themselves are installed with violation requirements.
First of all: to foresee all situations that may arise in this area, absolutely impossible. Because each driver, if, of course, does not want to spend a lot of extra money to Fines And a lot of time - by walking on the courts (and to find detours when it does not need) should carefully examine sections of the Rules governing the administration and operation of road signs, and apply them in each situation. We also illuminate ways of action are the most common situations that the driver can not just use them, but in other cases, to act on such samples.
The most simple case. The action marks \u0026quot; Movement prohibited \u0026quot;And some other (3.1 -3.8, 3.11) does not apply to vehicles belonging to or serving the citizens or businesses that reside or are located in this zone. If the driver of the vehicle is stopped for violating the requirements of that mark, it must refer to their place of residence or work, etc. If the record still is - to indicate in their explanations of these facts and refer to section 3 of Annex 1 to SDA Who found an exception. The same applies to rules that the effect of the mark \u0026quot; No Parking \u0026quot;Does not apply to taxis with a taximeter and the like included cases.
Sometimes conflicts occur when the inspector had misinterpreted the zone of the sign. For example, \u0026quot;forgets\u0026quot; that the effect of the mark \u0026quot; Stopping \u0026quot;Applies only to the other side of the road on which it is installed. In such cases, the driver must indicate in their clarification, which stopped on the other side road Rather than one that is marked sign , And refer to the relevant provision SDA .
Special theme -- speed mode . (As a rule, traffic policemen, armed with appropriate instruments, serving it in the zone of signs, speed limit .)
It should be remembered that the existing inspectors devices for measuring the velocity \u0026quot; Barrier-2m And the like can only fix the rate of one - the most massive, or speed - of approaching objects. If a car moving in traffic, then prove that the measured speed it belonged to him, impossible. Even if the device has a timer, it is still not proof : Who can confirm that this vehicle was zone of the device is 40 and not 35 and not 50 seconds ago? (At a speed exceeding 60 km / h such intervals mean distance between vehicles, measured as a minimum, tens of meters.)
Moreover. Device for determining the speed - it instrumentation . And it should be Documents Confirming his metrological certification , Calibration, etc. (To these requirements we shall return later.) Without this, no evidence of such a device can not be proof of guilt of the driver speeding.
You should also clearly define the area of prohibition signs : It can extend to the nearest intersection To the border of the locality or be determined by the sign to the very sign. And, in case of disagreement with the inspector, based on the rules ...
This situation is occurring all too often on country roads: the \u0026quot;white\u0026quot; mark \u0026quot;the beginning of a\u0026quot; set \u0026quot;in an open field, before the built-up areas adjacent to the road are hundreds of meters (as in the case of a major city - almost not kilometers). Speed, of course, no one decreases. Here Traffic policemen Armed instrument for determining the rate , Often punish drivers for speeding Permitted in the village.
The situation is common. And, perhaps unfortunately, just because the drivers themselves do not know the requirements of the SDA, which in this case not on the side of the inspector.
P. 12.4 SDA determines that the motion at a speed not exceeding 60 km / h is carried out in settlements. A § 1.10 SDA defines settlement so: it is - built-up area, designated by appropriate traffic signs ...
That is a section of road to be located in the village, must meet two requirements: first, to retain the relevant road signs (and this requirement is usually done), and secondly, to pass on the built-up area. In the above situation on the implementation of the second requirement of the question. Because the driver has every right to believe that outside settlement and, therefore, is not obliged to follow a prescribed for him speed limit .
Incidentally, section 5 of Annex 1 SDA clearly states that the signs of 5.45 and 5.46 (ie \u0026quot;white\u0026quot; marks \u0026quot;the beginning of settlement \u0026quot;And\u0026quot; end settlement \u0026quot;) Must be installed\u0026quot; on the actual boundary of development, adjacent to the road. \u0026quot; The same requirement is contained in the standards governing the installation road signs .
Therefore, in the case the protocol for violation of such a situation, the speed mode, in their explanations should indicate: \u0026quot;This stretch of road does not go away Locality Because territory although the sign is designated 5.45, is not built and does not fall under the definition settlement Given to item 1.10 SDA . Boundary construction is a few hundred meters from this sign and the place where I was stopped traffic policemen . Therefore, the sign of 5.45 in this case is set in violation of subsection 5 of section 33 SDA and standards under which it must be installed on the actual boundary of development, adjacent to the road. For these reasons, I consider myself not guilty of violation of traffic rules .
Before the hearing the judge in such cases it makes sense to apply for the obtaining of the relevant road service of documents on the installation of traffic signs (showing the detailed location of the installation). And, of course, to present the same arguments, asking it to close for lack of an administrative offense.
Returning to the actual prohibitory road signs need to say more about a phenomenon. Namely - the \u0026quot;non-statutory road signs\u0026quot;, ie such that any traffic rules are not provided.
Most often you can see the signs to the sign (or the inscription on the sign) \u0026quot;movement is prohibited. A plaque reads, for example: \u0026quot;Transit and Transport out of town\u0026quot; or simply: \u0026quot;Transit\u0026quot;. Or, for example, the sign \u0026quot;No Stopping\u0026quot; sign is equipped with: \u0026quot;In cars ...\u0026quot; (followed by the name of nearby firms or institutions).
And for violations of such signs, traffic policemen very often trying to punish drivers, often - successfully. How to be in such cases?
The answer to this question is provided by the Law of Ukraine \u0026quot;On the road. Specifically, Part 2 of Article 41 of the Act states: \u0026quot;Issues of traffic and its safety are governed by rules of the road, approved by the Cabinet of Ministers of Ukraine\u0026quot;. Since the question of whether the right of nonresident and transit vehicles to move on this stretch of road, belongs to the sphere of organization of the Movement, see exactly how such issues resolved SDA.
If we say that they are regulated by road signs, no opening will not do. But a careful analysis of the Rules will inevitably have to interesting conclusions.
The fact that the list of road signs under the SDA, is exceptional. No other normative act of higher or equal to the SDA and void of any other road signs, too, do not enter. As we have already established, the organization of movement to the regulatory SDA attributed directly to the law. This means that no one - neither the SAI nor the local authorities - have no right to invent something new, the SDA is not provided. This follows from Art. 19 of the Constitution, under which officials of public authorities are obliged to act only within the limits and ways, directly by law.
We now turn to section 7 of Annex 1 to the SDA, which is called \u0026quot;Road signs\u0026quot;. And the partition 7 - \u0026quot;Tablets to the road signs.
And found that the sign indicating that the action of any kind was the sign applies only to transit or nonresident vehicles, in this section. Tablets 7.5.1 - 7.5.8, entitled \u0026quot;View of the vehicle, refer, rather, a category (motorcycles, cars, trucks, etc.)
Thus, neither local authorities nor the traffic police had no right to install a road sign, is not equipped with any regulations under the badge and no longer have the right to draw up reports for violations of such signs.
It is important to take into account that the regulations referred to above, constitute a clear \u0026quot;vertical\u0026quot;: according to the Constitution, the duty of the citizen (including the driver) can be established only by law, and officials of public authorities and local authorities have the right act only within and in the manner expressly provided by law (Art. 19). The Law on Road Traffic, \u0026quot;establishes that the driver must be guided by the requirements of the SDA, and they also regulates the organization of movement, in turn, the SDA are governed solely by the list of road signs, ie stipulate the requirements of any signs to guide participants in the movement, what signs are permitted means of organization and regulation of movement. And to any regulations, including the lowest (departmental) and local level, the Regulation does not refer, while they themselves set out requirements for the conduct of participants in the movement and then, what signs they should follow.
For this reason, even if there are any departmental acts to allow the installation not covered by the SDA characters (eg standards or departmental orders to the Interior Ministry, as well as the relevant instructions of local authorities), and traffic officers, and participants in the movement must be guided not by them, but requirements of the SDA and, ultimately, the law.
Moreover, such acts themselves or the order should be considered contrary to the law, therefore, they are not enforced in practice.
However, the question could be put somewhat differently. Interestingly, but on what basis the local authorities in some localities impose restrictions on entry into their territory of drivers from other cities? How to establish such a \u0026quot;Pale\u0026quot; is related to human rights?
The answer to this question is part 2 of Article 24 of the Constitution, which expressly provides: \u0026quot;There can be no privileges or restrictions on the ... place of residence ... or other status. \u0026quot;That is the practice when the movement for some sections of roads or in populated areas is permitted only to drivers who live in this area, or those whose vehicles are registered here, directly contradicts one of the most important constitutional provisions. Do not know the establishment of the rights of drivers of different sizes depending on the place of residence or registration of vehicles and art. 16 of the Law of Ukraine \u0026quot;On the road. On the contrary, in Part 1 of this article expressly provides for the right driver to operate a vehicle on the road sections where traffic is not in principle prohibited. The same right to establish and paragraphs. A p.2.14 SDA. And if the driver has the right, then it regards any driver, even though local, even touring. A movement ban for some and permit it to others that provision is manifestly contrary. Hence, can not practice or local authorities, or GAI.
As already mentioned, the problem is much broader and applies not only to transit traffic. Non-SDA plates are common on our roads and in combination with other traffic signs. First of all - permitting or prohibiting parking.
For example, in Kiev, near the buildings of diplomatic missions often affixed \u0026quot;No Stopping\u0026quot; with a sign: \u0026quot;In the embassy cars. Near the building where the offices of firms, often to be found signs of \u0026quot;parking\u0026quot; with a sign indicating that it is intended only for cars their respective companies. The same can often be seen near the public institutions.
SDA anything like this, of course, do not provide. The only vehicles that are provided by the rules plaque, which distributes or not exempt them from the characters - this is Bubble and cars marked with \u0026quot;invalid\u0026quot;. Therefore, such \u0026quot;breaches\u0026quot; contrary to the plate and the Constitution and the law, and the SDA. Consequently, in the zone of action of these characters actually have the right to park their cars all drivers, regardless of where they live, work or the vehicle.
What the driver, who is charged with disobeying equipped with illegal signs signs?
First of all, get the rules (a copy of which should always be kept in the car) and offer the inspector found in section 7 of Annex 1 of the respective plate: \u0026quot;That\u0026#39;s when you find it, then I agree that your demands and requirements of the sign - in order, but I broke the rules\u0026quot; . (Of course, the list of plates should delved in advance, so do not be ashamed.)
If this fails and the inspector still makes the protocol in the space allotted for an explanation of the alleged perpetrator must make a record of non-recognition of guilt, that the plaque, which is equipped with a sign, does not provide for the SDA, and consequently, its installation and also contrary to the requirements of Article Inspector. 19, Part 2 of Article 24 of the Constitution, Part 1 Art. 16, Part 2 of Article 41 of the Law on Road Traffic, \u0026quot;and the SDA. And later - state argued in the same way a motion to dismiss the case. Then the judge who will hear the case, hardly able to recognize the driver guilty of violating traffic rules and to apply a measure of administrative actions.
On materials internet website of the international association of drivers\u0026#39; rights protection
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