To date, illegal drafting of resolutions on administrative offenses on the grounds of Part 3 of Art. 122 of the Code of Administrative Offenses (failure to give preference to route vehicles, including violations of traffic rules and stops on the lane for route vehicles, as well as violations of stop rules, parking, obstructing traffic or endangering traffic safety) are quite common. For the most part, patrol police inspectors issue rulings without providing any evidence of an administrative offense committed by the person against whom the ruling is made.
In practice, it turns out that every driver who intends to maneuver in order to exit to the roadway, through the lane for scheduled transport becomes a potential offender.
To better understand all the circumstances of this issue, we simulate the following situation that may occur during rush hour on the roads. Imagine that a driver who leaves for a lane for scheduled transport, for example from a nuclear power plant or the surrounding area of a residential building with the intention to move to the second lane, begins to move in the public transport area, waiting to be able to maneuver. on this part of the road the driver can endanger the health and life of both his own and public transport passengers.
Patrol police officers, noticing such actions of the driver, will stop him and make a decision on an administrative offense under Part 3 of Art. 122 КУпАП.
It turns out that in a situation where the driver runs out of fuel in the car while driving on the road with traffic jams, where to get to the nearest gas station you need to cross the lane for public transport, after refueling you have to wait until the traffic jams end. Didn’t the patrol police officers issue a resolution to you?
Cancellation of the decision on an administrative offense
To cancel the decision on an administrative offense on the grounds of Part 3 of Art. 122 of the Code of Administrative Offenses, it is necessary to apply to the court with a statement of claim.
The statement of claim should state that the patrol police inspector’s reference only to item 17.1 of the Traffic Code (on the road with a lane for route vehicles marked by road sign 5.8 or 5.11 prohibits the movement and stopping of other vehicles on this lane) during the decision on administrative The offense in the situation simulated above is incorrect, as paragraph 17.2 of the Traffic Code stipulates that a driver who turns right on a road with a lane for route vehicles, separated by a dashed line of road markings, can make a turn from this lane. In such places it is also allowed to drive on it when leaving the road and for boarding or disembarking passengers at the right edge of the carriageway.
However, in case of failure to provide evidence by the inspector, it is necessary to refer to Art. 255 of the Code of Administrative Offenses (the duty to collect evidence rests with the persons authorized to draw up reports on administrative offenses), as well as set out in detail all the circumstances of the driver’s stop by patrol police and, if possible, take photos and videos of the stop.
You can try to resolve this issue yourself, or simply pay the amount of the fine specified in the decision on an administrative offense, or seek professional legal assistance.
It should be noted that in the case of applying for legal assistance, the client’s costs for such assistance are reimbursed through budget allocations.