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Published: 07/04/2020
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Any road signs, as you might guess, are objects of road infrastructure. Therefore, in the event of a collision with a sign, administrative liability arises - the Code of Administrative Offenses provides for an article with a large fine. Moreover, as a result of such an accident (and such cases are classified as road traffic accidents), the infrastructure facility receives material damage, which, in accordance with the law, must be compensated. This leads to the negative consequences that arise when leaving the scene of the incident.
- Knocked down a sign on a car - what to do? If you left the scene of an accident
- If the driver was drunk or drove away
Procedure if a car owner demolishes a sign on a car
It doesn’t matter which road infrastructure sign you hit, in any case it will be considered an accident. This also follows from the very concept of this abbreviation:
A road traffic accident means a situation that occurred while a vehicle was moving along a public road and with its participation, as a result of which someone was injured or even died, the vehicle itself was damaged, and not necessarily the culprit of the accident, as well as any structure. , cargo or material loss has occurred.
Since all road signs are owned by the municipal structure, in the event of small or large-scale damage, material damage is caused. And as a result of this, the car owner who has run over or completely knocked down an object is obliged to answer for this by law in accordance with paragraph 2.6.1 of the Traffic Regulations. According to this provision, he must also call the traffic police officers. But this should only be done if the sign itself has suffered significant damage. If no material damage has been caused, then there is no need to call the police and you can safely go to the scene of the incident.
Leaving the scene of an accident
Leaving the scene of an accident is one of the grounds for revocation of a driver's license. Without a complete understanding of leaving the scene of an accident, anyone can get into this situation. Many people believe that leaving the scene of an accident will occur if another vehicle was damaged and the culprit fled the scene of the accident. However, these assumptions are incorrect. The victim himself can be charged for leaving the scene of an accident if he decided not to wait for the traffic police officers. It is also worth considering that damage can be caused not only to vehicles, but also to life, health or other property, such as trees, bumpers, sewer hatches, etc. In any collision or collision with any obstacle, if it is accompanied even with minor damage, you must immediately call the traffic police squad.
The concept of “Leaving the scene of an accident” is used in legislative acts and regulations with reference to traffic rules, where there is a list of responsibilities of the driver who was involved in the accident. Among these duties it is stated that the driver is obliged to stop, not move the vehicle, and call the traffic police.
First, let’s look at what exactly an accident will be:
- Collision - contact of two or more moving vehicles;
- Collision with an obstacle - collision of a vehicle with a stationary object (tree, pole, bump stop, etc.);
- Hitting a vehicle that was not moving;
- Collision with a pedestrian - a person collides with a moving vehicle or, conversely, a moving vehicle collides with a pedestrian. And also when a person is injured by cargo protruding beyond the dimensions of a moving vehicle;
- Colliding with an animal - a moving vehicle has run into an animal or an animal has collided with a moving vehicle on its own. And the result of this was material damage or people were injured;
- Rollover - a vehicle overturns while in motion. Capsizing occurs due to technical malfunctions or improper maneuver, due to weather conditions, as well as under other circumstances;
- Other incidents include a vehicle hitting obstacles that suddenly appeared on the roadway (a fallen load, a fallen off wheel, etc.).
The fundamental thing is that an accident can only be recognized on a road, sidewalk, yard, parking lot or other place where there are conditions for the movement of vehicles. That is, if you went out into nature by car and hit a tree somewhere in a forest area, then this case will not be classified as an accident.
If the car owner knocked down a sign and disappeared without permission
If you hit or completely knocked down a road sign and quickly fled the scene of the accident, this action will be considered by law as leaving the scene of an accident, for which your driver’s license will be confiscated for 12 to 18 months or you will be taken into custody. for 15 days. Before this, in accordance with Article 12.27 of the Code of Administrative Offenses of the Russian Federation, Part 2, a protocol will be drawn up.
In addition, such behavior will negatively affect the process of settling losses. We will describe this in detail later in the article.
If you hit a road sign with a car, what will happen?
- Stop immediately.
- Turn on the hazard warning lights.
- Place a warning triangle at least 30 meters from the vehicle outside the populated area.
- Call the traffic police and ambulance services if there are victims and report all the details of the accident.
- While waiting, it is recommended to take a photo or video of the scene on your mobile phone.
- If there are witnesses to the accident, their contact details should be recorded in case of legal proceedings.
- After the arrival of the services, monitor their actions and the correct preparation of the protocol. Before signing the documents, carefully read what is written on paper. If there are discrepancies with reality, point this out to the employee. A copy of the protocol should remain in your hands.
- conditions of poor visibility or darkness;
- the driver's attempts to avoid a collision;
- the collision occurred in a place where sign 1.27 was not installed.
To call or not to call traffic police? (read more…)
What is the penalty for shooting down an infrastructure item?
It doesn’t matter whether you accidentally or intentionally knocked down an object of infrastructure in 2021, a fairly large fine will be charged for this. And the whole point is that in paragraph 1.5 of the Traffic Regulations, Part 2, it is strictly prohibited for car owners to cause damage in any possible way to the means that ensure traffic order on public roads, and thereby interfere with other drivers.
As soon as a road sign is damaged, the danger of traffic immediately increases, according to the legislator.
If such a situation arises, the car owner is obliged to take all possible measures so that other drivers are not in danger due to the lack of the required sign. If you can’t do anything for this yourself, then you need to inform other road users as soon as possible. Important information! “Take measures to eliminate the threat” does not simply mean moving the metal support from the roadway to the side of the road, although this must also be done.
Road traffic is safe only if part of the road infrastructure is regulated. In real life, it should look like this: if a pedestrian crossing sign is damaged, then the violator must inform all approaching drivers that there is a zebra crossing in front of them and this must be done until the police arrive. Moreover, if you knocked down or ran over a sign and it was damaged, and you took all the measures provided by law, then the very fact of what you did will still be equated to an offense.
The amount of the fine is clearly stated in Article 12.33 of the Code of Administrative Offenses of the Russian Federation. As of 2021, this is 5 thousand - 10 thousand rubles. But compared to the withdrawal of rights for a long period when leaving the scene of an accident, this seems like a small thing.
There is a fine, but there was no “no stopping” sign
A motorist from the capital had to reach the Supreme Court after she spent three years proving that she had not parked in the area covered by the prohibition sign. Having received a fine, the woman insisted that she had chosen a place before the “No Stopping” sign. The Supreme Court met the driver halfway, admitting that the lower courts did not delve too deeply into the case, and sent the materials for review. The expert is confident that now the district court will not cancel the fine, but will simply dismiss the case due to the expiration of the statute of limitations. For three years, the capital’s motorist Maria Myasnikova sought to have a fine for illegal parking in the area covered by a “no stopping” sign canceled, which in fact simply did not exist. In her attempts to achieve justice, the driver unsuccessfully went through several courts and reached the Supreme Court.
An unfortunate problem happened to Myasnikova on July 10, 2015. That day she parked her Volvo XC90 crossover on Profsoyuznaya Street, building 43, building. 1, with which Proektiruemyi Passage No. 4668 intersects (in October 2015, the driveway was renamed Akademika Polyakova Street).
As the motorist assured, she carefully studied the situation and made sure that no prohibitory signs were installed around. However, she soon received a fine of 3 thousand rubles.
He was issued on the basis of data received from the ParkRight automatic recording system for traffic violations in accordance with Part 5 of Art. 12.16 Code of Administrative Offences. The Volvo driver, however, did not agree with the opinion of the inspection staff and decided to have the decision cancelled.
First, she appealed to the Moscow Road Inspectorate (MADI), but to no avail, and eventually reached first the district and then the Moscow city court.
During the proceedings in the case, Myasnikova challenged the legality of bringing her to administrative responsibility, arguing that on the section of the road along 43 bldg. 1 along Profsoyuznaya Street to Proektiruemy Proezd No. 4668, there was no road sign 3.27 on the date of the administrative offense charged to her.
At the same time, the motorist indicated that this sign was located after the intersection of Profsoyuznaya Street and Projected Passage No. 4668 on the opposite side, and was not effective in her direction.
This data was also contained in the case materials, which was later noted by the Supreme Court. However, there was no way to prove this - the motorist lost in court over and over again, but she could no longer stop, because she was sure: there was no sign.
Meanwhile, after the fine, the notorious 3.27 sign was installed in this area - this happened on June 28, 2021.
The case went to the Supreme Court, which in March 2018 finally sided with the woman, although not completely. Thus, judge Vladimir Merkulov of the Supreme Court of Russia agreed with the driver’s arguments, drawing attention to the violation of Art. 24.1 and 26.1 of the Administrative Code. They oblige officials to comprehensively, completely, objectively and timely clarify the circumstances of each case and resolve them in accordance with the law. And also the need to establish the fact of traffic violation and the presence of guilt.
“The diagram of the placement of road signs, attached to the case, clearly shows that sign 3.27 “Stopping is prohibited” at the intersection of Projected Passage No. 4668 (Akademika Polyakova Street) and building 43 k. 1 on Profsoyuznaya Street, says the decision of the Supreme Court. .
— According to the response from the Traffic Management Center (TCOC), the sign was installed only on June 28, 2021. Thus, in the collected evidence in the case there are obvious contradictions that do not allow us to indisputably assert that Maria Ivanova violated the parking rules.”
Based on the above, the court decided to satisfy the motorist’s complaint and cancel the decisions and orders of the lower courts.
However, he did not immediately rule in favor of Myasnikova, but only sent the case back to the Cheryomushkinsky District Court of Moscow for review.
The head of the legal department of the Society for the Protection of Motorists' Rights, Ravil Akhmetzhanov, in an interview with Gazeta.Ru, said that the decision to send the case for a new trial contradicts paragraph 4 of part 2 of Art. 30.17 of the Administrative Code of Russia, which states the need to terminate the proceedings in the presence of at least one of the circumstances specified in Article 24.5 of the Administrative Code. In this case, in his opinion, the case should be dismissed on the basis of clause 6 of part 1 of Art. 24.5. “expiration of the statute of limitations for bringing to administrative responsibility.”
In addition, the expert drew attention to the fact that usually motorists receive only photographs of the car with its license plate, and the traffic situation, including prohibitory signs, are not included in the photographs, but this condition could save drivers from erroneous fines.
In turn, lawyer Marat Amanliev, in a conversation with Gazeta.Ru, expressed the opinion that the Supreme Court made the right decision. As for the further actions of the district court, according to the lawyer, the judge
will simply dismiss the case when the statute of limitations expires.
“The Supreme Court considers complaints, but does not examine evidence,” Amandiev said. – The Supreme Court came to the conclusion that during the consideration of the case, the lower court did not fully examine the materials of the court. Most likely, the court did not request information from city services about the placement of road signs.
The judge decided that he had a protocol in his hands, which was drawn up by a traffic police inspector after processing the automatically written out materials and based it on the charges. It is unclear why the court was not satisfied with the sign placement scheme in the case. If the judge knew that there were materials about the absence of signs, but pretended not to notice them, this is a reason for verification. Now the district court will simply accept this case and terminate it after the statute of limitations expires. That is, in fact, the motorist will not achieve justice.”
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Who will pay for damages?
The money for repairing the road sign is paid either by the car owner himself - the offender or by the insurance institution.
We wrote earlier that damage to a road sign is perceived as an accident only if it causes a real material loss. For example, if after an incident it is necessary to replace it with a new support. In this case, it is clear that the damage was caused to municipal property and city infrastructure.
The injured party in most cases is the relevant department of the city administration. For example, in MSC this is the “Organization Center for DD of the Moscow Government.” In her favor, Muscovites must compensate for the losses caused.
Reference! If the car owner has a valid MTPL insurance policy, then he does not need to worry about additional material costs. The insurance institution will compensate for the entire loss for a knocked down road sign, but only within the insured amount of 400 rubles.
However, for this to happen, three conditions must be met:
- The car owner must have a valid MTPL insurance policy.
- The car owner must immediately call the State Traffic Safety Inspectorate immediately after the incident, whose employees will draw up a report.
- The car owner must not be under the influence of alcohol or drugs.
Who will compensate for the damage?
The insurance company or the driver himself, depending on the situation.
As noted above, a collision with a road sign is recognized as a traffic accident only if the technical equipment involved in organizing traffic has received material damage. For example, if after a collision there is a need to install a new base under the sign. These are obvious material losses for city infrastructure and municipal property.
In the absence of a civil liability insurance policy, damages are recovered in court. In this case, the injured party is represented by the relevant departments of the city administration. For example, for the city of Moscow this is the State Public Institution “TsODD Moscow Government”. Material damage is returned to such organizations.
If your vehicle is covered by compulsory motor liability insurance, there is no need to worry: all damage caused to the road sign will be covered by the insurance company within the limits of the insured amount (400 rubles to cover material damage), which in any case should be enough regardless of the driver’s status. However, in order to receive help from the insurance company, three conditions must be met:
More on the topic: Fine for dirty and unreadable license plates
- The MTPL policy must be valid during the period of the accident.
- The driver must comply with the obligation to call the traffic police officers and ensure that the accident materials are completed correctly.
- The driver must not be intoxicated at the time of the collision.
If the driver was drunk or drove away
If the driver was drunk at the time of the collision or knocked down a sign and fled the scene of the accident, then the insurance company will also assume the responsibility to cover the damage caused, but it has the right to a recourse claim against the culprit of the accident: the driver will be required to reimburse the amount paid by the company ( Article 14 of Federal Law No. 40), voluntarily or in court.
If you don't have insurance
In a situation where the driver neglected to issue a mandatory MTPL policy, all damage caused to property is compensated from the culprit’s own funds in accordance with Article 1064 of the Civil Code. If the driver refuses to independently resolve the issue, the city will be forced to recover damages through the court.
The amount of material damage is calculated individually, based on the estimate, which is prepared by the relevant specialized department: in some cases, you can get by with minor cosmetic repairs, but in others you will have to re-install the entire sign.
Thus, replacing a broken sign and its base will cost the driver approximately 8 to 11 thousand rubles, depending on the location. For example, in St. Petersburg in 2021, this procedure cost 8675 rubles.
What if the car owner did not take out MTPL insurance?
If the car owner did not have a valid insurance policy at the time of the collision with the road sign, then he will have to pay money out of his own pocket to compensate the city for the damage. This point is provided for in Article 1064 of the Civil Code. If he lets the situation take its course, then the money will be collected from him through the court.
The amount of loss in each case is determined individually. For this purpose, the estimate calculation of the specialized institution is used. In some situations, additional repairs will be enough, while in others you will need to install a new support for the road sign. In the second case, the amount of loss may reach 7–10 thousand rubles. depending on the city. For example, in Vladivostok, at the end of 2021, installing a support along with a new sign cost 7.5 thousand rubles.
When will you have to pay for an accident with a sign?
Let us discuss in more detail the options in which the driver will be forced to independently compensate for damage caused to municipal property:
- Lack of compulsory motor liability insurance policy. When auto liability insurance is not insured, the costs are borne by the car owner. If he does not compensate for the damage caused to the city on his own, the inspectorate will recover funds from him in court.
- Leaving the scene of an accident. The driver will be arrested and deprived of the right to drive the vehicle, after which he will still have to pay a fine and compensate for the costs of repairing or replacing the sign.
- The state of intoxication at the time of the accident, recorded by the traffic police inspector who arrived at the scene of the accident. If there is a policy, the insurance company will cover the damage to the road services, but will have the right to demand the amount paid from the offender. The car owner will have to return it voluntarily or through the court, in accordance with Article 14 of Federal Law No. 40.
What if the damage is to other city property?
As for damage to other city property, the consequences for the offender will be similar, but of course the object of damage itself plays an important role. What a car owner can cause damage to can be divided into city infrastructure facilities and technical means of organizing traffic.
In addition to road signs, technical equipment includes:
- Traffic light knocked down in an accident.
- Traffic light column.
- Remote control panel.
- Road controller.
- Communications cabinet.
- Individual design shield and everything else involved in organizing the DD.
Thus, damage to all these objects entails a threat to road safety, and therefore car owners will also have to spend money on paying a fine in accordance with Article 12.33 of the Code of Administrative Offenses of the Russian Federation.
City infrastructure facilities include:
- Flashlight.
- Noise shield.
- Power line pole.
- Advertising pole.
- Fence, fencing.
- Wood, etc.
Since all of these are not participants in traffic restrictions on the road, a fine for hitting the listed objects is not established. However, this does not mean that there was no accident. Material loss has occurred, so calling the police is mandatory. If all of the above conditions are met, then compensation for the loss will fall on the insurance institution. However, if you do not have a CASCO insurance policy, you will have to repair your vehicle at your own expense.
Who pays damages for a knocked down sign?
In addition to the fine, funds for damaged property and repairs made must be returned to the municipal budget. In this case, the affected party is the organization responsible for ensuring road traffic.
The driver is the culprit, but if he meets three conditions, the insurance company will pay the amount of damage:
- Availability of a valid MTPL policy;
- Compliance with the procedure for registration of road accidents;
- No alcohol or drug intoxication at the time of the accident.
Important! After an accident, the cost of the next insurance will increase, since the Bonus-Malus increasing coefficient will be used when making calculations for the next period.
What is the fine for knocking down a traffic light?
quoted1 > > Administrative liability is imposed in the form of a fine or deprivation of a driver's license for a period of 3 to 6 months.
Infliction of serious harm—qualifies if the treatment period lasts more than 21 days and there are clear signs of serious injury.
With such consequences, criminal liability is qualified in the form of imprisonment for up to 2 years.
In case of death, criminal liability is imposed in the form of imprisonment for up to 5 years. Criminal punishment is awarded based on the results of consideration of the case in court and is confirmed by sentencing.
The basis is the results of a forensic medical examination. The state has established a form of administrative punishment as a measure of the offender’s responsibility for what he has done, as well as preventive methods for preventing new violations.
Civil liability is compensation for material damage caused.
Fine for driving through a red traffic light in 2021
The fine for running a red light is 1,000 rubles; for a repeated violation, 5,000 rubles or deprivation of the right to drive for up to one year.
Let us immediately note that the fine is imposed not only for driving on a red light, but also for any signal prohibiting movement. Driving through a prohibitory signal can be done entirely through the regulated zone, or partially in violation of the requirements establishing the place where the vehicle will stop.
Starting to move to a prohibiting signal, and completing the passage of a regulated zone to a permitting one, in general is driving to a prohibiting signal.
- this is a combination of on and/or off traffic light sections provided for by the rules. Let's consider prohibiting signals. Most often we come across traffic lights at the intersections of directions of transport and pedestrian flows.
Prohibiting signals: The yellow signal prohibits movement, except as provided for in paragraph 6.14 of the Rules, and warns of an upcoming change of signals;