Broke down – remove the car: when you can not leave the car on the road and what it threatens
We have already figured out in detail where it is forbidden to stop and park, and recently found out what will happen if you stop under the “No Stopping” sign. Along the way, we touched upon such a fact as a forced stop, which at first glance seems to be “carte blanche” for all cases of stopping. In fact, a broken car is not a reason to stand where you have to. And a fine is not the most severe punishment for such carelessness. Let's figure out when to make an effort to get the car out of the way after a forced stop.
What is a forced stop?
To begin with, let us once again recall what a forced stop is in general. According to the rules, this is “stopping the movement of a vehicle due to its technical malfunction or danger posed by the cargo being transported, the condition of the driver (passenger) or the appearance of an obstacle on the road.” That is, a breakdown of a car, in which it cannot go further, is a forced stop, like running out of gasoline. If the driver or passenger suddenly feels unwell, this is also a good reason for a forced stop. A tree that has fallen on the road, a broken car or a failed road surface is an obstacle that provokes a forced stop.
However, if the driver stopped because of a traffic jam ahead, this is not a forced stop, so for such a stop at an intersection, you deserve a fine. The same applies to a car that stopped in front without violating traffic rules: for example, if another car stopped immediately after the sign for the end of the stop prohibition zone, then it is also impossible to stop behind it under the pretext of an obstacle. If the driver needs to drop off a child or boss “right here” – this is also not a forced stop. And it should be understood that the included alarm in any of these cases will not serve as an excuse when meeting with a traffic police inspector.
Where is a forced stop possible without restrictions?
In the SDA, all driver actions associated with a forced stop are associated with those places where stopping is prohibited in principle. Therefore, formally, in case of a forced stop in places where stopping and parking are allowed, the driver has the right to simply stop and not take any additional measures. However, in practice, it is worth at least turning on the alarm to indicate better visibility of a stationary car. After all, clause 7.1 of the SDA not only obliges the driver to turn on the emergency gang in places where stopping is prohibited. The same paragraph states that “the driver must turn on the alarm in other cases to warn road users of the danger that the vehicle may create.” And a car standing on the roadway, albeit without violating the rules, can still create a danger.
From what places should the car be removed from in case of a forced stop?
But stopping in the “forbidden zones” requires the driver to have a different scenario of action. First, according to paragraph 7.1, you need to turn on the alarm. Next, you need to remember paragraph 7.2 of the SDA, which indicates that the emergency stop sign must be immediately put up in case of a forced stop in places where it is prohibited, and where, taking into account visibility conditions, the vehicle cannot be seen in a timely manner by other drivers. But the most important indication is given by clause 12.6 of the SDA: ” in case of a forced stop in places where stopping is prohibited, the driver must take all possible measures to divert the vehicle from these places.” That is, immediately after turning on the emergency gang and putting up the sign, the driver must move the car out of the stop prohibition zone.
Well, to understand how many situations in which you can not leave the car, let's list all the places where stopping is prohibited:
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on tram tracks, as well as in their immediate vicinity, if this interferes with the movement of trams;
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at railway crossings, in tunnels, as well as on flyovers, bridges, overpasses (if there are less than three lanes for traffic in this direction) and under them;
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in places where the distance between a solid marking line (except for the one marking the edge of the carriageway), a dividing strip or the opposite edge of the carriageway and a stopped vehicle is less than 3 m;
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at pedestrian crossings and closer than 5 m in front of them;
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on the carriageway near dangerous turns and convex fractures of the longitudinal profile of the road when the visibility of the road is less than 100 m in at least one direction;
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at the intersection of carriageways and closer than 5 m from the edge of the crossed carriageway, with the exception of the side opposite the side passage of three-way intersections (crossroads) having a continuous marking line or a dividing strip;
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closer than 15 meters from the stops of route vehicles or the parking lot of passenger taxis, marked with marking 1.17, and in its absence – from the indicator of the stop point of route vehicles or the parking lot of passenger taxis (except for a stop for boarding and disembarking passengers, if this does not interfere with the movement of route vehicles vehicles or vehicles used as passenger taxis);
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in places where the vehicle will block other drivers from traffic lights, road signs or make it impossible for other vehicles to move (entry or exit), or interfere with the movement of pedestrians;
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on the lane for cyclists;
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on sections of the road marked 1.4 in the form of a solid single yellow line located along the edge of the carriageway.
But the above list is not all. A separate paragraph of the SDA concerns a forced stop on the highway. Thus, paragraph 16.2 states that in the event of a forced stop on the carriageway of the motorway, the driver must turn on the alarm, put up an emergency stop sign, and then take measures to bring him to the lane intended for this (to the right of the line indicating the edge of the carriageway).
What are the dangers of leaving a car on the road?
To begin with, it is worth understanding that a forced stop is indeed a good reason in order to avoid a fine for stopping in the wrong place. Articles of the Code of Administrative Offenses that provide for a fine for violating the rules of stopping and parking (12.19.3, 12.19.3.1, 12.19.3.2 and others) have the clause “except for a forced stop.” Thus, when fulfilling the requirements of the traffic rules for turning on the alarm and putting up an emergency stop sign, you really can not get a fine. But there are important nuances here.
Firstly, you can get a fine even with a forced stop, if you do not turn on the emergency gang and put up a sign. In this case, the inspector may consider the stop as not forced and issue a fine depending on the specific situation.
Secondly, a fine can be obtained if a camera for automatic recording of violations is installed in the forced stop zone. She, of course, will not understand the circumstances and will issue a fine automatically, and if it passes the control operators, it can reach the driver. But in this situation, the car owner has every chance to appeal the violation and cancel the decision.
And thirdly, the heaviest punishment can be received not from the side of the law, but from other road users. A car parked on the roadway in a no-stop zone is highly likely to cause an accident. After all, “restricted zones” are marked for a reason: in tunnels, on bridges, in places of limited visibility, on highways and other dangerous points on the road, the likelihood that another driver will not notice a standing car is very high. And if the driver of a broken car, having put up a sign, does not take further measures, but simply gets into the car and waits for help, he himself may suffer in an accident. On the Web, you can find a lot of videos about accidents with standing cars on the Moscow Ring Road, on country roads and in other places. Therefore, the most effective argument in favor of getting a broken car out of the way is
Here, however, it is also worth making an important reservation. If the road conditions are such that the driver, pushing his car to the side of the road, endangers himself, you can limit yourself to turning on the “emergency gang” and installing a sign. For example, if a car breaks down in dense fog or heavy snow and the driver is unable to get off the road, it is sometimes better to leave the car by turning on the emergency lights and putting up a warning sign at a sufficient distance to ensure the safety of yourself and other drivers.