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Supreme Clarification


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Video: Supreme Clarification
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Supreme Clarification
Supreme Clarification

Please help with advice: I went on the tram tracks of the opposite direction and was immediately stopped by the traffic police inspector. He drew up a protocol and promised to transfer the case to court, where the issue of depriving me of the right to leave for the oncoming lane will be decided. But, as far as I know, the punishment for driving along the tram tracks of the opposite direction of the Administrative Code of the Russian Federation is not provided …


The rules of the road prohibit travel on the oncoming tram tracks (paragraph 9.6). However, the Code does not provide for punishment for this violation. But, apparently, this state of affairs did not suit the traffic police. In April 2003, the letter of the Ministry of Internal Affairs of the Russian Federation No. 13 / 4–47 dated 2003-10-04 was issued explaining that, although the tram tracks in the opposite direction are not the carriageway, leaving them is regarded as going to the side of the carriageway, intended for oncoming traffic. Therefore, the person guilty of the specified offense shall be held administratively liable under part 3 of Article 12.15 of the Code. The Supreme Court took the same position (ruling of the plenum of 10.24.2006, No. 18). From the point of view of the law, such an interpretation is not entirely correct. In accordance with paragraph 1.1 of the SDA “carriageway” is an element of the road intended for the movement of trackless vehicles. In other words, tram tracks are not a carriageway. Thus, it would be correct to either introduce a new administrative offense in the Code of Administrative Offenses of the Russian Federation, or to amend the wording of Article 12.15. In your situation, the inspector was guided not by law, but by an explanation of his superiors; in court, most likely, the decision will be made taking into account the position of the Supreme Court of the Russian Federation.

I heard that a new decision of the Supreme Court actually changed the procedure for medical examination: supposedly a decision can now be made only on the basis of witness testimony. Is it so?


In its decision, the Armed Forces confirmed the existing procedure for medical examination. It was approved by the Decree of the Government of the Russian Federation of 12.26.2002 No. 930 and the Order of the Ministry of Health of the Russian Federation of July 14, 2003 No. 308. The examination is carried out in a medical institution by a doctor who has undergone appropriate training. But, as the Supreme Court pointed out, confirmation of the fact that the driver was intoxicated and other evidence, such as the sobriety control handset and testimony, is not ruled out. In my opinion, such a position runs counter to the aforementioned decree of the Government of the Russian Federation and the order of the Ministry of Health of the Russian Federation and can give rise to a huge number of cases of arbitrariness. It is hoped that the courts will be guided by applicable laws and regulations and not make illegal decisions.

He was deprived of the right to control for four months for speeding, but found out about it when I was stopped by the traffic police inspector two more months later. The second protocol was drawn up for not giving way to an ambulance. The court said that the term of deprivation of rights in the first case (for speed) will begin from the moment I surrender the temporary permit, and in the second (for ambulance) - only when the term of the first deprivation expires. Is it so?

Ildar Kadaurov, Ekaterinburg

Yes, this is provided for in Article 32.7 of the Code of Administrative Offenses of the Russian Federation. The decision on the deprivation of the right to control shall enter into force from the moment it enters into legal force. However, if a person deprived of the right to control evades the delivery of an appropriate certificate, the term of deprivation is counted from the moment of the actual withdrawal of this document. In addition, part 3 of the article establishes that the term of deprivation of the right to drive, if the driver has already been stripped of his driver’s license, begins on the day following the day that the administrative penalty applied earlier ends. The Supreme Court of the Russian Federation adheres to the same position in this decision. The only way in your situation to reduce the term of deprivation is to prove that you did not shy away from issuing the appropriate certificate (temporary permit). Then the period of deprivation of driving on the first violation should be calculated from the date of entry into force - ten days after the removal.

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