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Thursday, December 8, 2016

“Dangerous driving” tried to clarify


According to the results held in March public hearing, the traffic police have decided to specify the term “dangerous driving”. The set of “aggressive” action was old, but their descriptions became more detailed and exclusive part of the disputed situations. Motorists opinions were divided: some welcomed the measure, others continue to believe that conflicts over different interpretations of rules can not be avoided.

New old

“But if the other car goes to the right as you perform this requirement?”

The state traffic Inspectorate has introduced a new, more detailed definition of “dangerous driving” for which it is planned to impose punishment up to criminal.

Corresponding amendments are prepared on instructions from Prime Minister Dmitry Medvedev in 2015. First, “dangerous driving” was proposed to consider refusing to give way to vehicle with right of priority of movement, rebuilding in heavy traffic, insufficient distance or lateral spacing, unduly harsh braking and preventing overtaking. Medvedev considered that option difficult, and public hearings were held, following which the traffic police finalized the draft definitions, reports “Kommersant”.

Now under the “dangerous driving” is offered to understand “the repeated Commission of one or more consecutive actions.”

The set of “aggressive” action remains the same, but their description was more detailed. Now that the failure to give way to the car, having the privilege of movement (in the rebuilding of the strip into the strip), rebuild in heavy traffic when all lanes occupied (except in the case of left turn or right turn, stop or evasive action), failure to a safe distance from the vehicle ahead, lateral interval, unjustified sudden braking and preventing overtaking.

State Duma Deputy Vyacheslav Lysakov supported the proposed new option: “the more, the better,” he said.

“A strategy supported by colleagues from the interior Ministry”, – stated in the diptrans Moscow.

The interior Ministry believes that the threat maneuvers can provoke “a situation that poses a threat of death or injury of people, damage to vehicles, structures, goods or causing other material damage,” adds RIA “Novosti”.

“For”

Chairman of the “Guild of driving schools” Sergey Lobarev in comments the newspaper VIEW welcomed the work of the traffic police and the government on the required amendment. “It is encouraging that the opinion of the driving school, experts made including a meeting chaired by Deputy Prime Minister Igor Shuvalov at the end of March, was heard and considered. Then, as you remember, we drew attention to the fact that the language was vague and ambiguous”, – he reminded.

Commenting on the specific provisions that have changed, Lobarev called particularly encouraging point about “repeated Commission of one or more consecutive actions.”

“Most importantly, what we continue to insist – in legislation with the term “dangerous driving” to make the term “malice aforethought” or “malice”. Judge for yourself, it is not always possible to adjust, for example, in the right lane, passing even an ambulance. But if another car goes to the right as you follow this requirement? Yes and to the left. As you rebuild, if there is already a double solid? In short, the “threat evolution” is often a forced measure, and to punish it it is impossible”, – believes Lobarev.

The same goes for hard braking. It can influence and hole in the road, and crossing the child, and rolled down the ball. Even if you created an emergency, skidding to a halt, could it happen that you have no choice.

But still Lobarev sees in current developments more good than bad: “Let’s try to register all this in the legislation and to see how it will work. If something will be broken, in further amendments, you can modify these points,” he said.

Sergei Gubarev added that recent graduates of driving schools in Moscow, a survey was conducted, in which 70% of participants stated that they are extremely annoying drivers, spitting on the rules of the road. “This phenomenon need to do something,” he said.

“Vs”

At the same time another auto expert, member of the Board of the interregional public organization “Freedom of Choice” Alexander Kholodov, after reviewing new proposals for “dangerous driving”, said that it is better to leave it as is, without changing anything.

“I still bother too many subjective criteria. For example, unwarranted braking. Maybe the driver became ill and he decided to stay? Or he saw a cat on the road and then she ran away? Who will determine the validity?” – it asked a question in an interview with the newspaper LOOK.

“Certainly, road bullies need to educate, but the selected path in the form of penalties for “dangerous driving” – wrong”

“Certainly, road bullies need to educate, but the selected path in the form of penalties for “dangerous driving” is wrong because of the contradictions it will cause as much, if not more, than now”, – he added.

To prescribe in the amendments, all of the situations that can happen on the road, according to Kholodov, impossible. “Is not provided. Provided the cat, and the road suddenly come out bug… moreover, under the current rules of the road, the driver must slow down to a complete stop in any danger on the road. Even if he thought it was. The color of the roadway ahead has changed dramatically is already a reason to play it safe and start to slow down, suddenly there is ice or something else. Or duck next to a loud grunt. In fact, he is obliged to respond to any possible danger. But under the new rules what? It will be fined for it, even if he thus avoided the accident?” – the expert is perplexed.

“Or take frequent changeover from one band to another. How “common” is wrong? Now to be reconstructed in General is dangerous, we’re not going to do that? All very subjective and at the discretion of employees of traffic police. Well and, importantly, we already have articles focusing on responsibility for part of what is now being discussed. Why duplicate? For example, already has an article about the failure to provide the benefits on the road,” he said.

Finally, according to the car of human rights defender, reckless drivers on the road punishing life itself. “If a friend bullies others, does it systematically, it is clearly speeding – and this is a violation for which he will surely be punished. Plus, surely a reckless driver might break something else, sooner or later will desdits”, as we say, will suffer financial and perhaps criminal liability”, he concluded.

During the discussion

The head of Federation of automobile owners of Russia (HEADLIGHTS) Sergey Kanaev told the radio station “Moscow speaking” that the proposals of the organization for a new interpretation of “dangerous driving” will be ready next week.

In his opinion, the draft laws are now many different terms that are incomprehensible to many drivers. In addition, the head of FAF believes that it is imperative to separate dangerous driving on intentional and unintentional.

“We have prepared an appeal to the Chairman of the government Commission on traffic safety Igor Ivanovich Shuvalov. It clearly, succinctly tried to explain everything, so that later the system worked efficiently, and did not remain only on paper. First and foremost, to distinguish between dangerous and aggressive driving. The second point: it is not necessary to bring under the tougher penalties that already fall under the law. Naturally, the system of public control with the admission of the evidence. And the fourth point: the judge makes a judgment in a mandatory manner based on the video evidence,” said he.

We will remind, on March, 28th the head of the Russian government Dmitry Medvedev instructed his first Deputy Igor Shuvalov to hold a broad discussion on the introduction of traffic rules the term “dangerous driving”. And such a hearing took place on 31 March.

It was noted that the government intends in may to adopt a resolution on the introduction of the term “dangerous driving” and the punishment for it. As to what constitutes “dangerous driving”, opinions were divided. A number of participants of the meeting told the newspaper the OPINION that “dangerous driving” is different from “aggressive”. Sometimes the “threat” is forced (the car rushes to save a man who became ill, for example), but “aggressive” to justify intentional or it does not. The latter is a violation committed with malicious intent, explained the Chairman of the “Guild of driving schools” Sergey Lobarev.

At the same time, Moscow authorities offered for “dangerous driving” to remove the law on the spot and for a period of not less than six months.

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