The Supreme Court of Russia ruled not to punish a participant in an accident if the second violated traffic rules
incident. The culprit of the accident will not be punished if the second person before the accident violated the traffic rules (SDA). The corresponding decision was made by the Supreme Court, considering the dispute between the two motorists, writes Autonews.ru.
Among the violations are traffic on the side of the road, traffic in the oncoming lane on a one-way road and exit at an intersection at a red traffic light. The precedent was created by the appeal of the driver of Daewoo Matiz, who collided with Nissan at the turn.
The lower courts found the first one to be the culprit of the accident, because, according to part 3 of Article 12.14 of the Code of Administrative Offenses (CAO), he violated the rules of maneuvering and interfered with the second participant, who at that moment was overtaking in the oncoming lane.
The Supreme Court examined the video footage from the scene of the accident and found that the motorist in Nissan cannot have an advantage in this case, since she drove into the oncoming lane in violation of Part 4 of Article 12.15 of the Administrative Code, which could result in a fine of five thousand rubles or deprivation of rights for up to six months. “The Supreme Court sided with the motorist. The motorist could not have had any advantage, ”the portal cites the court's decision.
The case was sent for reconsideration. It was also explained that the driver loses the priority right to maneuver if he moves on the side of the road, overtakes the oncoming lane on a one-way road or drives into an intersection at a traffic light. In this case, other road users should not give in to him.
Earlier, the traffic police announced the conduct of massive raids throughout Russia on drunk drivers during the November holidays and non-working days. The State Traffic Inspectorate also emphasized that “there is no and cannot be any loyalty to drunk drivers” neither on holidays, nor at any other time, and recalled that in a difficult sanitary and epidemiological situation due to coronavirus, all trips by personal transport should only if absolutely necessary.