How to determine who is at fault for an accident when the distance is not maintained?
The need to keep a safe distance from other cars is stated in clause 9.9 of the Russian Traffic Regulations. It says here that the driver must choose a distance from the vehicle in front that would allow him to avoid a collision. The rule also applies to side intervals. Proving the occurrence of a violation is problematic. The fact is that the inspector cannot measure the distance between moving cars.
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Additionally, failure to maintain distance can be interpreted as driving unreasonably fast. In this situation, a violation of clause 10.1 of the Russian Traffic Regulations occurs. It says here that the driver is obliged to drive at a speed not exceeding the established limit and taking into account the intensity of traffic, the dimensions of the car, the cargo being transported, meteorological and road conditions. Particular attention must be paid to visibility in the direction of travel. In 2021, a person is obliged to choose a speed that will allow him to easily control the vehicle and comply with Russian traffic regulations. If a preventable hazard is detected, you must reduce your speed to a stop.
The current legislation does not indicate the distance that the driver must maintain. In fact, it is recognized as a conditional value. Similar rules apply to side spacing. Paragraph 9.10 states that it is necessary to maintain a distance that ensures safe movement on the road and prevents the occurrence of accidents. Therefore, punishing a citizen for breaking a rule is problematic. Typically, a fine for failure to keep your distance in 2021 is imposed if a collision has already occurred.
The culprit in an accident when the distance is not observed is determined by the analysis team. It is formed by the traffic police from employees of the organization. The analysis group is guided by the provisions of the Traffic Regulations of the Russian Federation, the Code of Administrative Offenses of the Russian Federation and the Administrative Regulations (approved by Order of the Ministry of Internal Affairs of the Russian Federation No. 664 of August 23, 2021). The culprit in an accident due to non-compliance with distance in 2021 is determined taking into account the following parameters:
- weather conditions in which the accident occurred;
- braking distance;
- vehicle condition;
- presence of signs and markings;
- damage received.
Usually the driver driving behind is found guilty of an accident when the distance is not maintained. However, there is only one case where the driver in front will be held at fault - there was sudden, unnecessary braking. In this situation, a violation of clause 10.5 of the Traffic Regulations of the Russian Federation occurs. However, it remains to be proven that the sudden stop occurred without reason.
Rules for maintaining distance on the road
Considering the rules of the road, the concept of “safe distance” is interpreted as the distance from the vehicle moving ahead, in the same direction and on the same lane, to avoid a collision when the vehicle in front suddenly brakes.
However, exact numbers are not indicated. The driver must determine the size of the safe distance independently, based on several parameters:
- type of vehicle;
- vehicle power, braking speed;
- quality of road surface;
- weather;
- vehicle speed;
- rubber quality.
So, for a modern powerful car in good weather conditions, 3 meters is enough for emergency braking.
Malyshev Sergey Petrovich
Major of the traffic police special regiment for St. Petersburg
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If the car has technical faults, the tires are worn out, and there is ice on the road, then the distance to the vehicle in front should be much greater - up to 150 meters.
The type of vehicle must be taken into account. If a car takes 2 seconds to stop, a truck will take about 5 seconds. Therefore, the safe distance automatically increases with the weight of the vehicle.
It turns out that there is no exact definition of a safe distance. Partly, yes.
Drivers must maintain a distance of at least 3 meters between themselves and the vehicle in front if the speed is 40 km/h.
Petrov Sergey Nikolaevich
Expert auto mechanic service in St. Petersburg
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If the speed is higher, then at least 5-8 meters. On a highway where the car accelerates to 80 km/h or more, the distance should be about 30 meters. In the city, many inexperienced drivers try to maintain a greater distance with a distance of 9-10 meters. And this is a mistake.
Another traffic participant can take advantage of this gap by overtaking or getting ahead. Therefore, you shouldn’t keep too long distances either.
Drivers should be more careful about their distance in bad weather conditions. If visibility is reduced and there is ice on the road, then not only does the speed decrease, but the distance between vehicles increases.
Exceptions are sections of roads on which there are markings and a sign numbered 3.16. It indicates the distance between cars and the indicated value should be adhered to.
Such signs are installed on difficult road sections with a large number of turns and bends.
Typical situations of accidents involving non-compliance with distance
There are several typical accidents that occur due to failure to maintain distance:
- Cars move in one lane in one direction. The speed limit is observed. Suddenly, the first vehicle stops abruptly without warning, and the second motorist drives into it without having time to brake. The driver of the second car will be found to be at fault for the accident if the front driver stopped to prevent the accident. A person is supposed to always be aware that the car ahead may stop abruptly. You need to drive at a distance that allows you to brake in time.
- The car behind was traveling much faster. As a result, he crashed into the vehicle in front. The driver who chose the wrong speed is found guilty.
- The car in front suddenly stopped for no reason. The driver of this vehicle was found guilty.
Is it necessary to keep distance
Driving a car while maintaining the required distance is required at least for your own safety, especially if:
- visibility on the road is poor;
- ice formed;
- the asphalt is wet.
Even if the car handles well, has new treads, Velcro, studs on the tires, and its braking system is ideal, you should still take into account that the road surface has disadvantages. Water and ice crust prolong the braking period. The braked car continues to slide on such a road, dangerously extending the braking distance.
If the traffic is heavy, even a well-oiled car can easily collide with the vehicle moving ahead. It is unlikely that you will be able to avoid a collision when cars approach each other, especially if the car ahead suddenly brakes.
But you can get hit both from behind and from the front. Someone's car crashes from behind, pushes the car forward, and then another collision follows - this time with a vehicle that is too close in front. This could have been avoided if the cars were at the right distance.
Where do accidents most often occur due to failure to maintain distance?
Within the city, cars collide due to non-compliance with distance:
- at traffic lights;
- in traffic jams;
- near pedestrian crossings.
That is, collisions occur where you have to brake sharply or drive in tight traffic jams.
When is a fine imposed for failure to maintain distance in a traffic accident?
Practice shows that people are fined for not keeping the distance if an accident has already occurred. The inspector investigates the causes of the accident and establishes its circumstances. If it turns out that one of the cars was moving unacceptably close, its driver will be found guilty. A different outcome is possible. If a person is recognized as a victim, but the fact of violating the distance is noticed, the person will also be required to pay a fine.
Another mandatory condition for not maintaining distance is the fact that both participants in the incident are in motion. If only one car was moving, different rules come into force.
How to appeal a fine?
Appealing a fine for failure to keep a distance in 2021 is carried out in accordance with Article 30.1 of the Code of Administrative Offenses of the Russian Federation. You must contact the head of the traffic police or the district court at the place of consideration of the case. You can initiate the procedure within 10 days. The corresponding rules are enshrined in Article 30.3 of the Code of Administrative Offenses of the Russian Federation. The period begins to be calculated from the moment the decision is received.
In practice, a citizen may miss the deadline for good reasons. The period can be restored by preparing a petition and sending it to the person who will consider the complaint. However, the list of grounds that are recognized as valid is not reflected in the legislation. The corresponding decision will be made by an authorized person. The process of appealing a traffic police fine for failure to keep a distance is carried out according to the following scheme:
- The citizen gets acquainted with the peculiarities of the current situation and finds a reason due to which he can appeal the fine.
- A man collects evidence. Witness testimony, photographic results, video recordings and documents can confirm the illegality of the actions of traffic police officers.
- A person files a complaint. However, the legislation does not provide the exact form of the document. It is only important to follow the rules of office work and indicate important information. If you find it difficult to prepare a document yourself, use a ready-made sample.
- All papers and evidence are transferred to the authorized body. It could be the traffic police or the court.
- A representative of the authorized body reviews the documentation. The period depends on the chosen authority. So, if a citizen contacts the traffic police, they must give a response within 10 days. If legal proceedings are initiated, the period will extend to 2 months.
- The citizen receives the final decision. If the person is not satisfied with the verdict, he can begin the procedure of appealing the fine for failure to maintain distance in an accident by preparing an appeal.
Complaints about a fine for failure to maintain distance during an accident can be found here.
○ Amount of fine.
An easy task for a traffic police inspector. How many rubles of a fine will the violator in situation No. 2 pay? Answer: violation of 9.10 is estimated at one and a half thousand rubles. We quote Code of Administrative Offenses 12.15 part 1:
- “Violation of the correct position of the car on the roadway, failure to maintain lateral distance, driving along the side of the road, at an oncoming crossing, crossing a pedestrian or transport column entails the issuance of an administrative fine of 1,500 rubles.”
If payment is inevitable, remember the speed of repayment of the fine - payment within 20 days reduces the amount of the fine by half. There is also a 10-day period for appealing the decision by filing a claim to cancel the administrative penalty in the form of a fine imposed by a representative of the traffic police.
Nuances
If you plan to appeal a fine for failure to maintain distance during an accident in 2021, you must begin recording evidence at the stage of registering the offense. Be sure to film the scene of the accident, paying attention to objects that could have caused the accident. Directly in court, you can use an accident diagram to prove that the danger of reducing the distance occurred due to the forced or incorrect actions of other road users. It is better to enlist the support of a professional lawyer. He will help you defend your position and achieve a positive result.
Draw the inspector's attention to the surrounding circumstances. Penalties can be avoided if the accident was caused by a sudden failure of the brakes, driving on a narrow road where maintaining a safe lateral distance between cars is impossible, or the motorist performing a maneuver without warning other road users.
