Deprivation of rights for overtaking under a prohibiting sign

Usually, comfortable driving on the road without overtaking is impossible. However, it requires driving into the oncoming lane, which can increase the risk of an accident. Overtaking must be carried out strictly in accordance with Russian traffic regulations. On some sections of the road the action is strictly prohibited. In such places, sign 3.20 is installed. It is called “overtaking is prohibited”. If a citizen performs an action in violation of the sign, he may be fined or deprived of his driver's license. Liability for overtaking under a “no overtaking” sign in 2021 depends on the circumstances of the incident.

Situation	Normative act	Punishment	Possibility of discount
Overtaking was carried out under a “no overtaking” sign, and the driver was stopped by an inspector	clause 3 art. 12.16 Code of Administrative Offenses of the Russian Federation	Fine 5000 rub. or deprivation of rights for 4-6 months	Yes
Repeated violation recorded by inspector	clause 3.1 art. 12.16 Code of Administrative Offenses of the Russian Federation	Deprivation of rights for 1 year	No
Overtaking under a “no overtaking” sign was caught on camera	clause 3 art. 12.16 Code of Administrative Offenses of the Russian Federation	Fine 5000 rub.	Yes
Repeated violation recorded by camera	clause 3.1 art. 12.16 Code of Administrative Offenses of the Russian Federation	Fine 5000 rub.	No

What does the “No Overtaking” sign mean?

The “overtaking is prohibited” sign is described in paragraph 3.20 of Appendix 1 of the Russian Traffic Regulations. Externally, the sign is a circle with a red border. Two cars are placed on a white background. One of them is red and the other is black.

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If sign 3.20 “overtaking is prohibited” is present, overtaking is prohibited in 2021; failure to comply with the requirements will result in a fine or deprivation of your driver’s license. Usually the sign is placed in front of a dangerous section of the road that is subject to a restriction. Sometimes the background may be yellow. This indicates a temporary installation. Typically this designation is used in areas where road work is being carried out. If the requirements of temporary and permanent road signs conflict with each other, the requirements of the first signs on a yellow background take precedence.

What is overtaking and how should it be done?

The definition of overtaking is given in paragraph 1.2 of the Russian Traffic Regulations. It says that the action is the advance of one or more vehicles into the oncoming lane and subsequent return to the previously occupied side of the roadway.

Do not confuse overtaking with ahead. If we are talking about the latter concept, it represents the movement of a car at a higher speed than a passing vehicle. In this case, the driver does not enter the oncoming lane and does not face a fine for overtaking under a “no overtaking” sign.

The rules for overtaking are regulated by Part 11 of the Russian Traffic Regulations. Before starting the maneuver, the driver must make sure that the oncoming lane is clear and that the action will not create danger or interference for other vehicles. The person driving the car that is being overtaken must not interfere with the manipulation. It is strictly prohibited to increase speed or perform other actions.

The driver cannot overtake even in the absence of a “no overtaking” sign in the following situations:

the vehicle driving ahead is detouring around an obstacle or has begun overtaking;
the car was the first to signal a left turn;
the person will not be able to complete overtaking without creating a danger to other road users;
they want to perform the maneuver at a pedestrian crossing, signalized intersection, bridge, or tunnel;
overtaking will be carried out at uncontrolled intersections if driving on a road that is not the main one;
the railway crossing is less than 100 m away, or the driver did not have time to travel this distance;
there is limited visibility;
the ascent ends, or there is a dangerous turn.

Where is overtaking prohibited?

However, it is worth noting the situations in which it is prohibited to overtake a vehicle:

If the driver wants to overtake at signalized and uncontrolled intersections, while driving directly on the roadway perpendicular to the main highway. In this case, overtaking is prohibited due to the fact that the maneuver is highly dangerous for all road users.
At pedestrian crossings, starting in 2014, changes were made to this rule. It does not matter whether citizens are at the pedestrian crossing or not, overtaking cannot be carried out. Otherwise, there is a fine for overtaking at a pedestrian crossing,
At a railway crossing, as well as at a distance of 100 meters in any direction from them. This provides for a ban on overtaking, both before and after a railway crossing at a specified distance.
On individual overpasses, in tunnel structures (which is again associated with a high risk of this maneuver), overpasses, as well as under bridges and on their surface.
It is prohibited to overtake if, according to the layout of the road surface, a head-on collision between two vehicles is possible, subject to the circumstance of limited visibility. The same applies to dangerous turns, as well as at the top of a rise in the road, where visibility for the driver takes place.

Who is allowed to overtake under a “No Overtaking” sign?

Clause 3.20 of Appendix 1 of the Russian Traffic Regulations in 2021 provides a list of exceptions. A fine for overtaking under a “no overtaking” sign will not be imposed if the following vehicles are overtaken in the area of the sign in the presence of intermittent markings or no markings at all:

motorcycles and mopeds without a side trailer;
low-speed vehicles;
horse-drawn carts;
bicycles.

A low-speed vehicle is a car that can move at a speed not exceeding 30 km/h. If overtaking is carried out, the driver of such a car is obliged to take it as far to the right as possible or, if necessary, stop to let another car pass (clause 11.6 of the Russian Traffic Regulations).

If overtaking is carried out under the sign “Overtaking is prohibited” without entering the oncoming lane, the citizen will not be deprived of his driver’s license and will not be given a fine. The action will be considered ahead of schedule.

Paragraph 9.11 of the traffic rules states that if the oncoming lane is divided by a solid marking line, then crossing and entering it in any case is unacceptable.

Who can you overtake in the area of the “No Overtaking” sign?

The legislation provides for the possibility of overtaking certain types of transport in the coverage area of sign 3.20. According to the traffic rules, after passing the “overtaking is prohibited” sign, drivers have the right to get ahead (using the oncoming lane) of the following types of vehicles:

mopeds;
motorcycle (without sidecar);
vehicles equipped with a “slow-moving vehicle” sign;
horse-drawn carts.

In practice, it is better to refrain from overtaking slow-moving vehicles that are not equipped with the appropriate sign. Even if the vehicle’s speed is less than 30 km/h (which, by definition, qualifies tractors, combines and other equipment as low-speed vehicles), it will be difficult for government officials to prove the legality of their actions.

Regarding mopeds, motorized vehicles and horse-drawn vehicles, the rules remain unchanged. It is better to wait until the end of the prohibited overtaking zone and perform the maneuver in accordance with the traffic rules. However, there are cases when the lifting of the restriction is still far away, but there is no time. In such situations, you can ask the driver of the slow-moving vehicle to pull over to the side of the road using a sound or light signal.

There is an effective way to avoid punishment when overtaking slow-moving vehicles. The motorist must wait until the slow-moving vehicle is overtaken by other road users. Often, traffic police officers stop only the first offenders and ignore subsequent ones.

Area of operation of the “No overtaking” sign

The sign's coverage area begins from the place where it is installed. The restriction is lifted after the nearest intersection. If it is absent, the coverage area extends to the end of the populated area. Its completion is indicated by the installation of signs 5.24.1 and 5.26 “End of a populated area”, 2.4 “Give way” or signs indicating the intersection. The adjoining of secondary roads, including forest, field, or other territories, does not entail the termination of the ban.

The coverage area of the “no overtaking” sign may end earlier if:

plate 8.2.1, which clearly reflects the length of the section;
sign 3.21 indicating the end of the zone in which overtaking is prohibited;
sign 3.31, indicating the end of the coverage area of all restrictions.

Repeated violations under the sign “Overtaking is prohibited”

Part four of Article 12.15 regulates: a second violation of traffic rules within a year entails deprivation of rights for a period of 12 months. This provision is also valid in the case when the driver overtakes in the wrong place for the second time in a year.

It is important to take into account the changes that came into force in 2019. According to the new requirements, a motorist will not be able to regain the right to drive a vehicle without passing the exam. If previously you could simply submit a corresponding application to return your ID, now you will have to repeat the traffic rules.

Attempts to pass the exam after a year of deprivation of rights due to repeated violation of overtaking norms are provided in an unlimited number. However, after failing the test, a motorist can try again only after a week's break. Also, you can start testing only after the expiration of the one-year period for deprivation of the certificate.

Punishment and fine for overtaking under a “No Overtaking” sign in 2021

Punishment for failure to comply with the requirements of road signs is regulated by Article 12.16 of the Code of Administrative Offenses of the Russian Federation. If we are talking about overtaking, paragraphs 3 3.1 of the above regulatory legal act come into force.

For overtaking under a “no overtaking” sign in 2021, the violator may be fined 5,000 rubles or deprived of his license for 4 to 6 months. Moreover, the current legislation does not say when what punishment is applied. Only a judge has the right to revoke a driver's license. Therefore, the choice of punishment will take place during the trial. The circumstances of the incident and the reputation of the citizen will be taken into account.

If the violation is repeated, paragraph 3.1 of Article 12.16 of the Code of Administrative Offenses of the Russian Federation comes into force. The citizen will be deprived of his rights for a period of one year. If overtaking under a “no overtaking” sign is caught on camera in 2021, a monetary penalty in the amount of 5,000 rubles will be imposed.

Situation	Normative act	Punishment	Possibility of discount
Overtaking was carried out under a “no overtaking” sign, and the driver was stopped by an inspector	clause 3 art. 12.16 Code of Administrative Offenses of the Russian Federation	Fine 5000 rub. or deprivation of rights for 4-6 months	Yes
Repeated violation recorded by inspector	clause 3.1 art. 12.16 Code of Administrative Offenses of the Russian Federation	Deprivation of rights for 1 year	No
Overtaking under a “no overtaking” sign was caught on camera	clause 3 art. 12.16 Code of Administrative Offenses of the Russian Federation	Fine 5000 rub.	Yes
Repeated violation recorded by camera	clause 3.1 art. 12.16 Code of Administrative Offenses of the Russian Federation	Fine 5000 rub.	No

What is the penalty for overtaking under a “No Overtaking” sign?

The size of the fine should be considered, which varies depending on the type of violation.

First time

In 2021, the penalties for overtaking in a prohibited place have also become more severe. If the driver commits an offense for the first time, based on Article 12.15 of the Administrative Code, he is given a fine of 5 thousand rubles.

At the same time, in Part 3 of this article of the Code of Administrative Offenses there is a clarification when the cost of punishment is reduced to 1000-1500 rubles.

In this case, we are talking about entering the tram tracks of oncoming traffic, as well as a section of the oncoming road that is connected to a U-turn or an additional turn to the left or right.

It is also noted that overtaking under a sign may result in deprivation of your driver's license. This is determined by the type of offense - in most cases, a protocol for the subsequent withdrawal of rights is drawn up if several violations are recorded simultaneously. The law provides for imprisonment for a period of 4-6 months.

No markings

Controversial situations arise when the driver overtook without entering the oncoming lane, but only slightly “captured” the markings, which were not there at all on the site. This is possible if the road width is 4-5 m.

In this case, the situation is regulated by Article 12.16 part 1 and entails drawing up a protocol for a fine of 500 rubles.

But most traffic police officers are trying to revoke the driver’s driver’s license. If the violator considers the presented actions on the part of civil servants to be unlawful, then he should prove his innocence and point to the legislation that would be appropriate in this case.

If the traffic police officer remains adamant, he submits documents to the court, where the driver’s driver’s license is deprived.

During the court hearing, the violator has every chance to prove his innocence and demand that the confiscation of rights be replaced with a fine.

As evidence, it is better to bring a recording from the DVR, which will show that the driver overtook along the center line, which means he can only be punished with a fine of 500 rubles.

At the camera

A committed offense recorded on camera entails the same fine in the amount of 5 thousand rubles. In this case, a protocol and a subsequent resolution will be drawn up, which the violator will receive by mail to his registration address and place of residence.

As a rule, the resolution contains a photo, which serves as evidence in the proceedings. It is difficult to appeal such a decision in court.

If the violation was recorded on camera by a traffic police officer, in most cases we are talking about deprivation of a driver’s license. A record of the offense will be presented in court, which will also be difficult to challenge.

Repeatedly

Recently, penalties for repeated violations have been tightened. In the question presented, the driver will be deprived of his license if he overtakes in the wrong place and under the sign “Overtaking is prohibited” on the basis of Article 12.15. part 4. The article stipulates the terms of deprivation - 1 year.

Among other things, from 2021 there is one more innovation. This is the subsequent receipt of a driver’s license in the event of its withdrawal by court decision as a result of a recorded offense of overtaking in a prohibited place.

If previously documents could be restored only by submitting an application to the traffic police department, now the driver will have to take the exam again.

If the exam is not passed the first time - knowledge of traffic rules is tested - the driver has the opportunity to retake it in a week.

You can take it until you receive a positive mark. You can start taking the exam only after the end of the treatment period.

When is a fine imposed for overtaking under a “No Overtaking” sign?

If the violation was recorded on camera, your license will not be deprived in 2021. Regardless of whether the action occurred for the first time, or the person did not comply with the instructions of sign 3.20 again, a fine will be imposed for overtaking under the “overtaking is prohibited” sign in the amount of 5,000 rubles.

The situation is more interesting if a person overtook in violation of the sign, and the person was stopped by the inspector. Paragraph 3 of Article 12.16 fixes the possibility of imposing a fine or deprivation of a driver’s license. When choosing a punishment, a representative of the authorized body is guided by Article 4.1 of the Code of Administrative Offenses of the Russian Federation. It states here that the following must be taken into account:

the presence of mitigating or aggravating circumstances;
the nature of the violation committed;
property status of the citizen;
driver's identity.

Additionally, Article 3.8 of the Code of Administrative Offenses of the Russian Federation is taken into account. It states that the deprivation of an individual of a certain right can be carried out for a gross or systematic violation. The verdict on imposing a fine or deprivation of driving license for overtaking under a “no overtaking” sign is made by the judge. There are no criteria for the severity of violations in the Code of Administrative Offenses of the Russian Federation.

It is much easier to determine the systematic nature of violations. All previously received fines are taken into account.

When is a driver's license suspended?

Deprivation of rights for overtaking under a “no overtaking” sign in 2021 is carried out only if a violation is recorded by a traffic police inspector. Additionally, related nuances are taken into account. Typically, punishment is applied in the presence of aggravating circumstances.

Let's say the offender overtook without taking into account the instructions of sign 3.20 and drove into the oncoming lane through solid markings. Without calculating the distance, the driver almost crashed into an oncoming car, barely managing to dodge and creating interference for the car moving behind. During the verification process, it turned out that the citizen had several unpaid fines. The inspector will draw up a protocol and initiate the procedure for deprivation of rights.

If the violation is repeated, and this fact is revealed by a traffic police officer, the citizen will not be able to drive a car for a year.

What is overtaking?

Overtaking is getting ahead of one or more cars and entering the oncoming lane. In this case, the driver must return to the original lane or side of the roadway.

Previously, traffic rules defined overtaking as only passing ahead of moving vehicles. Now the interpretation has changed, so overtaking can also be considered passing a stationary car.

Overtaking always means driving into the oncoming lane. But it is only allowed on sections of the highway where there is no clear prohibition on crossing. For example, a two-lane road without a dividing double solid line.

Overtaking is getting ahead of one or more vehicles on the road and driving into oncoming traffic.

Procedure for imposing a fine

In order for a citizen to be held accountable and fined, the violation must be recorded in the prescribed manner. In 2021, the action is performed automatically or during a stop by traffic police officers. Inspectors operate within the framework of Federal Law No. 3 of February 7, 2011 “On the Police.” When stopping a car, traffic police representatives are required to comply with the provisions of Order of the Ministry of Internal Affairs of the Russian Federation No. 664 of August 23, 2021. Prosecution for overtaking under a “no overtaking” sign requires the following procedures:

The inspector will notice the violation.
A traffic police officer will stop the car and ask the driver to present documents. The list of documents that the traffic police inspector has the right to ask is reflected in paragraph 2.1.1 of the Russian Traffic Regulations.
The traffic police officer will report the detected violation as the reason for the stop. A protocol will then be drawn up. The document is provided to the driver for review. A person has the right to sign a document or refuse to perform actions if he does not agree with the information contained in it. In this case, a corresponding mark is placed on the form.
The traffic police officer releases the driver.

Representatives of the traffic police prepare a statement of claim and go to court. The circumstances of the incident are being analyzed. The paper is supplemented with evidence. The citizen will be sent a summons. The document will contain information about where and when the proceedings to impose a fine or deprivation of rights for overtaking under a “no overtaking” sign will take place. Experts advise not to neglect participation in the hearing. If a person ignores the notice of a proceeding, the case may be reviewed and a fine or deprivation of rights may be imposed without the participation of the violator. In this situation, defending your rights is problematic.

If there are mitigating circumstances, the judge decides to impose a fine for overtaking under a “no overtaking” sign in the amount of 5,000 rubles. In this situation, after the trial, the citizen will receive a decision on an administrative offense. The document is sent by mail or information is provided through the State Services portal. The last method is used only in a situation where the driver has an account in the system (Article 28.6 of the Code of Administrative Offenses of the Russian Federation).

If traffic police officers were not nearby, but cameras were installed, the violation could be recorded automatically. In this case, in 2021 only the imposition of a fine applies. The penalty is imposed according to the following scheme:

The violation is automatically recorded.
The data is being processed.
A resolution is being drafted.
The document is sent by mail to the address of the violator.

The decision to impose a fine will be issued within 15 days from the moment the offense was committed (Article 29.6 of the Code of Administrative Offenses of the Russian Federation).

How should a driver behave?

If an inspector stops a vehicle for overtaking under a “no overtaking” sign, the driver is obliged to comply with the traffic rules of the Russian Federation. At the request of traffic police officers, a citizen is required to present documentation for verification. The list is reflected in paragraph 2.1.1 of the Russian Traffic Regulations. If the inspector requires it, it is necessary to undergo an intoxication test (2.3.2 Traffic Regulations of the Russian Federation). It is important to be polite.

A citizen is not obliged to get out of the car unless a detention or search is carried out (clauses 180 and 208 of the administrative regulations approved by Order of the Ministry of Internal Affairs of the Russian Federation No. 664 of August 23, 2017). The traffic police officer can only ask the citizen to leave the car. It is also not necessary to sign a protocol imposing a fine for overtaking in the wrong place.

Is there a discount on the fine for overtaking under a “No Overtaking” sign?

A discount can be obtained if you pay a fine for overtaking under a “overtaking is prohibited” sign within 20 days from the date of the decision (Article 32.2 of the Code of Administrative Offenses of the Russian Federation). The fine will be reduced by 50%. However, if overtaking in violation of the sign is repeated in 2021, it will not be possible to reduce the amount of the penalty even if the incident was recorded by a camera. The fact is that paragraph 3.1 of Article 12.16 of the Code of Administrative Offenses of the Russian Federation is included in the list of exceptions to which the discount does not apply (Article 32.2 of the Code of Administrative Offenses of the Russian Federation).

Penalty for overtaking under a “No Overtaking” sign in 2021

The minimum sanction for such a maneuver is a fine, the maximum is deprivation of rights.

Fine. For overtaking in violation of traffic rules, a penalty of 5,000 rubles is imposed.

Deprivation of rights for up to six months. The decision on such a serious punishment is made by the judge - the inspector only sends documents about the violation. The judge will take into account the driver’s entire history of violations, the potential and actual danger of such an act, and make a decision.

For a new offense - up to 1 year. If within a year from the payment of the previous fine for the same violation or from the end of the time of revocation of the driver's license, the driver overtook again and also violated the traffic rules, the following sanction will follow:

deprivation of rights for a year if overtaking was noticed by a traffic police officer;
a fine of 5,000 rubles if the maneuver was recorded by a camera.

Appealing a fine

If a fine for overtaking under a “no overtaking” sign is imposed unlawfully, you can exercise the right to appeal (Article 30.1 of the Code of Administrative Offenses of the Russian Federation). You need to contact the superior of the person who made the decision, a higher authority or the district court at the place where the case was considered. You need to react quickly. It is allowed to initiate an appeal procedure within 10 days from the receipt of a copy of the decision (Article 30.3 of the Code of Administrative Offenses of the Russian Federation).

It is permissible to restore the missed period if there are good reasons. To do this, a petition is sent to the person authorized to consider the complaint. It may grant the request or deny the action. In the latter case, an appropriate determination is made. To appeal a fine for overtaking under a “no overtaking” sign, you must:

Prepare a complaint, collect a package of documents and submit the papers to the authorized body. Applications are permitted through the official website of the State Traffic Safety Inspectorate. An alternative is to send documentation by mail.
Having received the documents, a representative of the authorized body will check the papers. If no errors are found, the application will be accepted for consideration.
Wait for the decision to be made. The citizen will be notified. Typically, the response is sent in the same way as the application for appealing a fine for overtaking under the sign “overtaking is prohibited” was submitted.

The review period depends on the authority whose decision is being appealed, as well as the body that will consider the application. The head of the traffic police will inform the decision within 10 days, and the trial will last up to 2 months.

applications for appealing a fine for overtaking under a “no overtaking” sign can be found here.