Normative base
The definition of a shoulder is contained in clause 1.2 of the Russian Traffic Regulations. It says here that this name is given to the extreme part of the road, which differs from the roadway in its surface. Additionally, the side of the road may be separated by markings.
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On the side of the road, impatient drivers try to avoid traffic jams. This creates a danger for persons who have the right to use this part of the road. This opportunity is available for pedestrians and cyclists. The ban on driving on the side of the road is imposed by clause 9.9 of the Russian Traffic Regulations.
Paragraph 11.2 of the Russian Traffic Regulations states that overtaking is not permissible if the action will lead to the creation of danger and interference for other road users. The person must return to the previously occupied lane. Driving to the side of the road is permitted only for stopping and parking. This norm is reflected in clause 12.1 of the Russian Traffic Regulations.
There are penalties for driving on the side of the road in 2021. It is reflected in the Code of Administrative Offenses of the Russian Federation. In particular, it is recommended to pay attention to Article 12.15. This lists the fines for driving on the side of the road, as well as the conditions under which a person may have their driver's license revoked. Additionally, measures applied to persons who commit repeated violations are recorded.
In what cases is roadside driving allowed?
According to the general rule, enshrined in clause 9.9 of the traffic rules, driving on the side of the road is prohibited. There are a number of exceptions when you can go:
- stopping and parking of cars (clause 12.1 of traffic rules);
- making a U-turn provided that the width of the main roadway is not enough for the driver (Section 8.8 of the Traffic Regulations);
- to avoid obstacles when the sign is installed 4.2.1.
In addition, in accordance with paragraphs 4.1, 24.2, 24.6 and 24.7 of the traffic rules, bicycles, mopeds, and carts are allowed to move on the side of the road if there is no special lane for them and they do not interfere with pedestrians; people can also walk along the side of the road if there is no separate pedestrian zone.
According to clause 9.9 of the traffic rules, specialized equipment of road and utility services is allowed to drive on the side of the road. In this case, safety requirements must be met.
Otherwise, driving to the side of the road is prohibited and should only be used for stopping and parking, unless restricted by signs and marking lines (for example, signs 3.27 and 3.28).
Avoiding traffic jams on the side of the road
In accordance with clause 1.2 of the traffic rules, an obstacle is a stationary object located on the roadway, due to which further movement without performing maneuvers is not possible. For example, a broken car, a defect in the road, other objects. In this case, a stopped vehicle or a traffic jam (congestion) cannot be regarded as an obstacle.
At the same time, traffic regulations do not provide for the possibility of avoiding traffic jams in this case. Regardless of the circumstances, a driver who avoids a traffic jam on the side of the road will be held accountable.
Separately, we should consider the situation when the driver drives along the side of the road located on the roadway of oncoming traffic. The traffic rules do not differentiate between the right and left sides of the road, so in this case the general provisions apply.
Punish the driver for incorrect overtaking under Part 4 of Art. 12.15 of the Code of Administrative Offenses of the Russian Federation will not work, since this norm talks about entering the lane of oncoming traffic, and based on the provisions of clause 1.2 of the Traffic Regulations, the shoulder is not a roadway or a strip - it is an element of the road.
However, in accordance with clause 11.2 of the traffic rules, the driver is prohibited from entering the oncoming lane if after that he cannot return without creating obstacles and dangers. In a traffic jam, this maneuver will always create interference and danger for other drivers, which is prohibited by Part 4 of Art. 12.5 of the Code of Administrative Offenses of the Russian Federation.
When is a fine imposed for driving on the side of the road?
Usually the side of the road is used for stopping. The driver has no right to drive along the edges of the roadway or overtake other vehicles on the side of the road. The ban is imposed by part 1 of article 12.15 of the Code of Administrative Offenses of the Russian Federation. If a person was moving along the wrong side of the road, in 2021 he will be charged a fine of 1,500 rubles.
The liability may be more severe. It is fixed in part 4 of the above article. It is permissible to increase the fine for driving on the side of the road or deprivation of rights for up to 6 months. Punishment is applied if the actions reflected in paragraph 8 of the Resolution of the Plenum of the Armed Forces of the Russian Federation No. 18 of October 24, 2006 are committed.
Driving on the side of the opposite side of the road is equivalent to driving in the oncoming lane. Rights will be deprived if a continuous marking is crossed. Moreover, it can separate both the oncoming lane and the side of the road itself. The violation is classified according to clause 4 of Art. 12.15 Code of Administrative Offenses of the Russian Federation.
Repeated driving onto the oncoming side of the road will entail an increase in the severity of the punishment. The period of deprivation of rights will be extended to 1 year (Part 5 of Article 12.15 of the Code of Administrative Offenses of the Russian Federation). If the driver’s actions are recorded by cameras, the license will not be taken away, but the fine will increase to 5,000 rubles.
Overtaking on the side of the road is also prohibited in 2021. If the maneuver is performed on the right, Part 1 of Art. 12.15 Code of Administrative Offenses of the Russian Federation. The violator will be fined in the amount of 1,500 rubles. If overtaking is carried out on the left side of the road and a solid marking is crossed, the actions are classified according to Part 4 of Art. 12.15 Code of Administrative Offenses of the Russian Federation. The citizen will be deprived of his rights for a period of 4-6 months or will be required to pay a fine of 5,000 rubles.
What do you mean by driving on the side of the road?
The concept of roadside qualifies as an area where pedestrians, cyclists and motor vehicle drivers have the right to move. In the traffic rules, the concept of shoulder is interpreted somewhat differently. A shoulder is a specific section of the road that is located next to the roadway and is separated by markings or has a different type of surface. Both of the above concepts are correct. Thus, the shoulder is considered to be an area located near the road, where pedestrians, bicycles and motorcycles can ride.
The most common cases of driving to the side of the road:
- avoiding traffic jams;
- car parking;
- overtaking cars ahead;
- performing a maneuver to enter the oncoming lane.
The shoulder may be located near a residential area, however, according to the Land Code, there must be a distance of at least 5 meters between the highway and the boundaries of the site.
How does a traffic police inspector visually determine a violation? Find out how to appeal a parking fine here.
Read about fines for road accidents in 2021 at the link:
The purpose of introducing a fine for driving to the side of the road is to prevent accidents involving pedestrians, as well as to eliminate accidents as a result of overtaking. Until 2014, the fine for going to the side of the road was 500 rubles, this amount is small for many, so many motorists quietly violated the rules.
The frivolous approach on the part of drivers regarding driving to the side of the road is due to the negligence of traffic police inspectors, since the latter prefer to turn a blind eye to such minor violations. The situation has changed somewhat with the introduction of video recording cameras; now, in the event of a violation, a decree is issued without the presence of the driver; a photo and a receipt for payment are sent to the offender’s home address.
Penalties for driving on the side of the road in 2021
The fine for driving on the side of the road is regulated by Article 12.15 of the Code of Administrative Offenses of the Russian Federation. The regulatory act establishes two types of punishment – a fine and deprivation of a driver’s license. The specifics of their use depend on the nuances of the current situation. If you drive on the right side of the road, the penalty under Part 1 of Art. 12.15 Code of Administrative Offenses of the Russian Federation. A fine of 1,500 rubles is imposed on the violator. Driving on the left shoulder is equivalent to driving in the oncoming lane. The violation is classified under Part 4 of Art. 12.15 of the Code of Administrative Offenses of the Russian Federation, if a continuous marking has been crossed. As a result, the person will be fined 5,000 rubles or deprived of his license for up to 6 months.
If a person, violating the marking requirements, drove onto the oncoming side of the road for the second time within 1 year from the date of completion of the execution of the decision, the violation will be considered repeated (Article 4.6 of the Code of Administrative Offenses of the Russian Federation). As a result, Part 5 of Art. 12.15 Code of Administrative Offenses of the Russian Federation. The driver will be deprived of his license for 1 year. If a violation is detected automatically, a fine of 5,000 rubles is applied.
Possibility to drive on the side of the road
The reason for going to the side of the road and driving along it is traffic jams. Normal traffic congestion encourages motorists to break the rules and follow the roadside in the right direction. However, the legislator here considers traffic congestion more as an accompanying factor, and not as an objective, true reason for the forced violation of the rules.
Violations are:
firstly, driving to the side of the road (sometimes);
secondly, driving on the side of the road.
Such disregard for traffic rules is punishable under the terms of Art. 12.15 Code of Administrative Offenses of the Russian Federation.
What is a curb
The difference between the shoulder and the roadway is that it has a different type of road surface. In addition, the side of the road is separated by road markings.
Important to consider. Driving to the side of the road to stop at such a place is permitted. A violation can be recorded only in case of driving to the side of the road where this is prohibited by the rules.
Penalty for driving on the side of the road
Driving on the right side of the highway is interpreted as a violation of the rules of maneuvering. The punishment is imposed in accordance with the norms of paragraph 1 of Article 12.15 of the Code of Administrative Offenses of the Russian Federation. The person is obliged to pay a fine of 1,500 rubles.
Driving on the left shoulder of the highway in violation of the markings in 2021 is punishable more seriously. In addition to violations of the rules of maneuvering, driving in the oncoming lane is charged. The rules regarding driving into oncoming traffic through a solid lane are regulated by paragraph 4 of Article 12.15 of the Code of Administrative Offenses of the Russian Federation. For violation, a fine of 5,000 rubles is imposed or a driver’s license is deprived for up to 4-6 months.
If the violation is repeated, paragraph 5 of Article 12.15 of the Code of Administrative Offenses of the Russian Federation comes into effect. In this case, the citizen will be deprived of his driver’s license for up to 1 year. However, if the incident on the highway was recorded automatically, the certificate will not be taken away. A fine of 5,000 rubles will be imposed on the violator.
Clause 3 of Article 12.15 of the Code of Administrative Offenses of the Russian Federation reduces the monetary penalty for driving on the left side of the highway to 1000-1500 rubles if the obstacle is avoided. However, in 2021, such a rule does not apply to persons who decide in this way to avoid waiting in traffic jams. In accordance with paragraphs 1.2 of the Russian Federation Traffic Regulations, traffic congestion is not recognized as an obstacle.
Punishment for driving into oncoming traffic
For violations of these points, the driver can be punished under Article 12.15 of the Code of Administrative Offenses of the Russian Federation N 195-FZ (as amended on October 27, 2015) in parts 3, 4, 5. Article 12.15. Violation of the rules for the location of a vehicle on the roadway, oncoming passing or overtaking: 3. Driving, in violation of the Traffic Rules, into a lane intended for oncoming traffic, when going around an obstacle, or onto tram tracks in the opposite direction when going around an obstacle - entails the imposition of an administrative fine in the amount from 1000 to 1500 rubles. 4. Driving, in violation of the Traffic Rules, onto a lane intended for oncoming traffic, or onto tram tracks in the opposite direction, except for the cases provided for in Part 3 of this article, shall entail the imposition of an administrative fine in the amount of 5,000 rubles or deprivation of the right to drive a vehicle for a period of 4 to 6 months . 5. Repeated commission of an administrative offense provided for in Part 4 of this article - entails deprivation of the right to drive a vehicle for a period of 1 year , and in the case of recording an administrative offense using special technical means operating automatically, having the functions of photography, filming, video recording, or photo means - and filming, video recording - imposition of an administrative fine in the amount of 5,000 rubles .
Who is allowed to drive on the side of the road?
In accordance with clause 12.1 of the Russian Traffic Regulations, parking is permitted on the side of the road on the right side of the road. Driving in this area is prohibited. However, there are a number of exceptions for 2021. The following have the right to drive on the side of the road:
- cyclists aged 14 years and above, if there is no special path, or it is not possible to ride along it or along the right edge of the road (24.2 and 24.6 of the Russian Traffic Regulations);
- mopeds (clause 24.7 of the Russian Federation Traffic Regulations);
- pack and riding animals, as well as horse-drawn carts, but only in one row (clause 25.2 of the Russian Federation Traffic Regulations).
Representatives of road maintenance and utility services, as well as vehicles involved in the delivery of goods to objects located directly on the roadside, have a similar right. The rules apply only if there is no other way to approach.
Leading on the right on multi-lane roads
However, on any roads that have three or more lanes for traffic in a given direction, the leftmost lane is allowed to occupy only in heavy traffic, when other lanes are occupied, as well as for turning left or making a U-turn, and for trucks with a permissible maximum weight of more than 2.5 t - only for turning left or making a U-turn. Entering the left lane of one-way roads to stop and park is carried out in accordance with paragraph 12.1 of the Rules.
I caught up with someone in the left lane, saw a free space on the right, changed lanes in accordance with the requirement not to occupy the left lane when the right one was free. I caught up with someone on the right, overtook him on the left if it was free and returned to the right. And those who are vomiting in the left - let them continue to vomit. Peace be upon them.
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Is it possible to go around a traffic jam on the side of the road?
In 2021, driving around traffic jams on the side of the road is strictly prohibited. It is punishable under Article 12.15 of the Code of Administrative Offenses of the Russian Federation. For driving on the right side of the road, a citizen may be fined up to 1,500 rubles. If driving was carried out on the left side of the road, the action is equated to moving in the oncoming lane. If there is a crossing of a solid road, the citizen may be deprived of his driver's license for up to 6 months or given a fine of up to 5,000 rubles if the incident was recorded by cameras. A repeated violation will result in the removal of the certificate for one year.
A traffic jam is not considered an obstacle. Therefore, driving around it on the side of the road is unacceptable. By leaving the road, a citizen obstructs the movement of vehicles that have the right to move in this zone, and also creates a danger for pedestrians.
Fine from camera for driving on the side of the road
In 2021, most highways are equipped with automatic recording cameras. They record violations, transmitting the data to the State Traffic Safety Inspectorate of the Russian Federation. This makes it easier to monitor compliance with the rules.
Driving on the side of the road can also be detected automatically. Violation is punishable by a fine. Its size depends on the side of the road on which you were driving. Driving on the right side of the road entails a fine of 1,500 rubles, and driving on the left while crossing a solid road - 5,000 rubles. The punishment is applied in accordance with Article 12.15 of the Code of Administrative Offenses of the Russian Federation.
What should I do if the fine received from the camera was erroneous for driving on the side of the road?
If a person is forced to drive on the side of the road to avoid an obstacle, the punishment will be less severe. Paragraph 3 of Article 12.15 of the Code of Administrative Offenses of the Russian Federation states that in such a situation the amount of the monetary penalty will be 1000-1500 rubles. If there is a special sign instructing you to go around an obstacle on the right or left, the action will not be considered a violation at all.
If the violation is detected automatically, a fine will still be imposed. In this situation, the citizen has the right to challenge the collection. You must proceed according to the following scheme:
- Make sure deadlines are not missed. You have 10 days to appeal the decision from the date of receipt of the relevant document. The period is calculated from the moment the recipient puts the appropriate signature.
- Contact the photo and video recording center. To do this, in 2021 a complaint is filed on the official website of the traffic police. The portal has a section “receiving requests”. Here you need to fill out an online form, attaching supporting documentation. An alternative is to enter data into a classic form. In this case, the complaint is submitted during a personal visit to the authorized body.
- Wait for the application to be reviewed. The procedure is carried out within 30 days in accordance with the norms of Federal Law No. 59 of May 2, 2006 “On the procedure for considering appeals from citizens of the Russian Federation.” If the situation related to driving on the side of the road is controversial and requires additional consideration, the period can be extended for another 30 days.
- Get the answer and read it. If the decision made is not satisfactory, you must go to court. Documentation must be submitted to the district office where the offense was committed. If a citizen considers the court’s verdict to be untrue, he can file an appeal to higher authorities.
How can you challenge a decision for driving on the side of the road?
There are some loopholes in the law, knowing which you can challenge the fine. So, Article 12.15 of the Code of Administrative Offenses states that a car can stand on the side of the road, but not drive.
Many drivers are caught while entering or exiting the roadway. At the same time, it is practically useless to prove to the traffic police officers that you planned to leave the car or were just leaving the parking spot. In this case, the logical question is: how then can you get to the side of the road to park your car if you can’t drive in? There is only one answer - you need to insist that you are right. Ask the inspector to explain the offense in more detail, perhaps quote an article of the Code of Administrative Offenses; you can also look for witnesses who had the opportunity to observe your car at the time of departure.
If in fact the situation is such that a violation order has already been issued regarding the driver, then you can try to appeal it. A 10-day period is given to appeal the decision. A complaint can be filed with the traffic police or in court. Proceedings at the local level (at the State Inspectorate) also take place within 10 days, after which the applicant is notified of the result. As a rule, complaints regarding fines for driving on the side of the road are not filed in court; most people believe that it is better to pay a fine of 1,500 than to hire a lawyer and waste time collecting evidence.
Important! To pay the fine, 2 calendar months are allotted from the date of receipt of the decision. If payment is not received within the specified period, the fine is doubled.
Fine for driving on the side of the road in Moscow and the Moscow region
Moscow has its own administrative code that applies within the capital. It reflects controversial issues that are not fully defined by Federal legislation. A similar rule applies if the regulation of the problem has been transferred to the jurisdiction of local authorities.
However, the punishment for driving on the side of the road is clearly stated in Article 12.15 of the Code of Administrative Offenses of the Russian Federation. Sanctions will change in accordance with it. Moscow drivers will be punished according to the same standards that apply to car owners from other regions.
The question arises when driving on the side of the road on the Moscow Ring Road. Present here. The shoulder of such a roadway is separated by a solid line. The markings prohibit stopping or driving in the area. A similar rule applies when we are talking about a highway. There are over 100 photo and video recording devices installed on the Moscow Ring Road. As a result, punishment is imposed automatically. The fine for driving on the right side of the road will be about 1,500 rubles. If you drive onto the oncoming side of the road and cross a solid line, the penalty may increase to 5,000 rubles.
Overtaking on the right - definition and penalties
Driving on the side of the road goes against the requirements of Part 1 of Art. 12.15 of the Code of Administrative Offenses of the Russian Federation. Such a movement is punishable by a fine of 1,500 rubles (as of 2015). In a word, do not believe the police who are trying to convince you that you have committed many offenses and will pay a separate fine for each of them. For real overtaking not according to the rules, which is done by driving into oncoming traffic, you can pay as much as 5,000 rubles in 2015.
True, there are some relaxations, but they apply not to those who drive cars, but to moped drivers and cyclists. Thus, the latter, in accordance with clause 24.2 of the Traffic Regulations, are allowed to drive on the side of the road, and only if there are no equipped bicycle paths, and the age of the driver of a two-wheeled vehicle is more than 14 years. But we will not list other cases concerning cyclists; let’s return to considering the situation when overtaking is done by vehicles equipped with powerful engines.
Fine for driving on the side of the road in St. Petersburg and the Leningrad region
Punishment for driving on the side of the road in St. Petersburg and the region in 2021 is also regulated by federal legislation. The violator may be fined 1,500-5,000 rubles depending on the side of the road on which the movement was carried out and the fact of crossing the solid line. Sometimes deprivation of a driver's license is applied. They can be confiscated for up to six months. If a St. Petersburg resident drives onto the side of the road in violation of the markings again, the duration of the punishment will be 1 year. Rights are not deprived if a violation is detected automatically. In this case, the citizen will be fined in the amount of 1500-5000 rubles.
Nuances
We allow you to drive to the edge of the roadway if you need to stop. In this case, no monetary penalty is imposed. We're not talking about a highway. Here the curbs are separated from the main roadway by a solid line. As a result, roadside travel is not permitted regardless of the circumstances.
Reversing onto the side of the road is prohibited. The maneuver creates a danger for other road users. The punishment is applied in accordance with Article 12.14 of the Code of Administrative Offenses of the Russian Federation. The amount of the penalty will be 500 rubles.
If a person drove onto the side of the road and continued driving along it, the offender may be subject to other penalties. Thus, measures can be applied in accordance with Article 12.18 of the Code of Administrative Offenses of the Russian Federation if the driver did not provide an advantage to the pedestrian. The amount of the penalty will be up to 2,500 rubles. If, as a result of the driver’s actions, harm is caused to human health, Article 12.24 of the Code of Administrative Offenses of the Russian Federation comes into force. The fine varies from 2,000 to 25,000 rubles. It all depends on the extent of the injuries caused.
If the driver does not comply with the markings or does not take into account the signs, Article 12.16 of the Code of Administrative Offenses of the Russian Federation applies. It involves a fine of 500 rubles. If a person does not turn on the turn signal, Part 1 of Article 12.14 of the Code of Administrative Offenses of the Russian Federation comes into force. The amount of the penalty is exactly the same as for the previous offense.
When driving on the side of the road in 2021, the degree of danger for the driver and other road users increases. Dust rises and visibility deteriorates. There is not enough good adhesion to the ground. There are often bumps on the side of the road. All this increases the risk of car collisions. If an accident occurs, the person who was driving along the side of the road will definitely be recognized as the culprit of the incident.
