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Overtaking - Rising Sun

Overtaking - a delicate matter.

Rules execution overtaking - not the most frequent cause of conflict between the driver and inspector. But to call such a situation, too few would be a mistake. Therefore, they should pay attention.

It should be remembered that the current edition of the SDA provides more narrow than before, the definition of overtaking (p.1.10): it is - passing one or more vehicles by moving into the lane of oncoming traffic. That is, if the exit onto oncoming traffic is not done - is not overtaking, and \u0026quot;mere\u0026quot; advance. And the rules on overtaking it does not operate. (However, in the SDA remained paragraph 14.1, according to which overtaking nerelsovyh vehicles can be carried out only on the left. Interesting, but where else can drive on the right to be in the oncoming traffic?)

One of the possible causes of the conflict with traffic policemen when overtaking - is the creation of overtaking disturbances vehicle rolling back and also began overtaking or being overtaken (when returning to his lane). Under § 14.2 SDA. driver from overtaking must ensure that obstacles to the movement of such vehicles are not created. Method of protection here - the same as in charge of obstruction or danger at intersections or pedestrian crossings. It consists, he was to insist on presenting evidence of the fact that the obstacle to someone\u0026#39;s movement was actually created. First, that such Party has been movement in general. Secondly, that he really has made braking or maneuvering. Third, what action taken by overtaking, forced another driver brake or maneuver.

Prove it without explanation \u0026quot;victim\u0026quot; driver, in fact, impossible. And he has an ongoing discussion with the inspector, as a rule, continues his way ... If it is not immediately stopped and took from him an explanation, in his own explanation in the preparation of the protocol should specify that, in this regard any evidence of a violation does not, then a motion to dismiss for lack of an administrative offense.

The second reason for possible conflicts - is overtaking in places where it is forbidden.

Here we must remember the following. First, a list of places where overtaking is prohibited is given in Section 14.6 SDA, and this list is exceptional. That is to say banning overtaking in any other field by a policeman has no right.

And. We have a lot of roads (particularly suburban), are not equipped with no markings. Under subsection 11.1 SDA, in such cases, the number of lanes is determined by the drivers.

Therefore, if the road is sufficiently wide (at least more than Hume), the driver can \u0026quot;determine\u0026quot; for themselves, that movement in this direction has two lanes. And, accordingly, argued that it was done (for example, in the zone of intersection) advance without leaving the opposite lane, not overtaking. The fact that the inspector to stop ahead, must be at least a few dozen meters from the place of overtaking (you can stop him when he returned to his lane, because during overtaking, for example, the truck would simply outrunning obscured them from the inspector standing on the sidelines). From this distance to determine precisely whether outrunning a car drove into the lane of oncoming traffic is not always possible. The reason for this is the angle at which the inspector in such a situation, surveys the place to overtake on the curb - the whole \u0026quot;picture\u0026quot; when it is distorted. And, most importantly, this observation the inspector when the center line - an imaginary, can not be anything other than his own assumptions (unless, of course, not outrunning drove straight to the left side). On this and should insist in their explanations: exit on the opposite lane was not, and has been proactive on the road, which has two bands in each direction.

At the trial court makes sense to make a request to send a request to the appropriate road service: what is the width of the carriageway at the place of \u0026quot;violation\u0026quot;?

Then their case could prove so. Suppose the width - 11 meters and width of the vehicle to be overtaken - overtaking around 2 pm - 1.65 pm Under subsection 13.1 SDA driver determines, depending on certain conditions, the safe range. Therefore, in the case before the court can give such an explanation: \u0026quot;I thought that the safe gap from the curb to the right edge of the overtaken vehicle is 0.5 m, between overtaken and overtaking - a little less than 1 m, between the left edge of the overtaking vehicle and the imaginary Axial - 0,5 m. The width of the carriageway 11 m of roads designed to move in this direction width of 5,5 m, has two lanes. Therefore, I made advance without leaving the lane of oncoming traffic, which, in accordance with § 1.10 SDA is not overtaking. Therefore I think that the rules of overtaking is not violated. On this basis, I beg to stop the case for lack of an administrative offense. The same can specify in a written motion to dismiss.

In the absence of explanation in the case file overtaken driver of a vehicle, according to which outrunning obviously went into the lane of oncoming traffic (and they almost never happens), these calculations have nothing to refute. And if so, and recognize the driver guilty of violating the rules of overtaking is impossible.

It must be remembered that the responsibility for the safety of overtaking, one way or another, lies on the person who commits it. All the excuses can be effective only in cases where an accident as a result of overtaking happened. If it occurred, the picture of what happened will most likely recover expert methods. Only excuses will probably have none.

Therefore, all the above-described methods of protection that can help in contentious situations, should not yet become a reason to be resolved on a risky and unnecessary overtaking is hoping to win for a moment ...

 

On materials internet website of the international association of drivers\u0026#39; rights protection

 

If you have additional questions or need legal advice and legal services, please call the specified legal advice. Our lawyers and attorneys are always ready to provide you with legal assistance and protection.

 

 

 
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