“Average speed” – you can not refuse to enter

The cabinet is preparing to lift the existing moratorium on changes to the traffic rules: such a necessity matured first due to problems with the regulation of the movement of individual mobility means (SIM) – scooters, unicycles, gyro scooters. Ministry of Transport of Russia prepared design changes to the traffic rules for riding electric scooters. In addition, it contains other innovations, most notably new road signs are introduced, parking rules are changed and more. According to the Ministry of Transport, Public Works and Water Management, the document is being processed by the cabinet.

It is clear that the changes in the traffic rules will logically be followed by changes in the Code of Administrative Violations – the corresponding sanctions, which motorists are especially afraid of. And in particular ‘penalty for medium speed’. In August, “Chamber newspaper” informedthat in the Traffic Rules it is proposed to establish the methodology for determining the average speed of a car, and in the Code of Administrative Offenses – fines for exceeding such a speed.

Why can not and will such a fine not be introduced in Russia? It’s all about the wording. Word to the expert.

Andrey Moiseevlawyer:

— “Average speed fine” is initially a legally incorrect term: there is no extra fine for violating the “average speed”, there has never been and never will be. There is only one violation: exceeding the speed limit. “Medium speed” control technology is only one method of detecting this violation. Article 12.9 of the Code of Administrative Offenses of the Russian Federation “Exceeding the established speed of movement” clearly describes the composition of such a crime and its punitive consequences. In other words, “average speed” is simply the measured speed over a long stretch of road.

Compare with an example that drivers can understand: If you get behind the wheel and don’t fasten your seat belt, you risk your life, but you also risk a ticket for not wearing a seat belt. Maybe a traffic cop stops you, or maybe a camera takes a picture of you, and artificial intelligence determines that you’re without a seat belt. The result will be one – a fine for this violation. The law does not divide this into two types of fines: physical control by a traffic officer or camera control. The same goes for average speed. Violation for motorists remains the same: exceeding the speed limit.

utilities speed limits on highways are established in accordance with Section 10 of the Traffic Rules of the Russian Federation. “The driver of the vehicle, guided by the requirements of the rules, must respect the speed limit established”, – tells us traffic rules. Medium speed sections imply a single maximum allowable speed limit in the whole control section without the possibility of an alternative route – the standard is also very understandable and transparent. The principle of speed measurement with zone control on long stretches of road in Russia is established by law. It is mentioned in the Decree of the Government of the Russian Federation of November 16, 2020 No. 1847 “On approval of the list of measurements related to the field of state regulation to ensure uniformity of measurements”. The technical aspect of using medium-speed photo and video fixing complexes is prescribed in GOST 57144-2016 “Special technical means that work in automatic mode and have the functions of photo and film shooting, video recording, to ensure traffic control. General technical requirements”. This GOST defines the term “average speed” and indicates that the complexes have the technical ability to measure the “average speed” of a vehicle.

In short, legal documents with the concept of “average speed” are already known. But we emphasize once again that the average speed is only one of the methods of detecting violations, and not some kind of new sanction. Incidentally, from the driver’s point of view, this is an even more loyal method of determining speed. If the driver accidentally exceeded the speed slightly while passing the controlled section, or if this had to be done to avoid an accident, such overrun can be compensated for by slowing down the speed for the remainder of the route . In this case, the fine for exceeding will not come. In the case of an instantaneous speed camera, this is not possible.

So we are talking about speeding fines, and there are no obstacles in the legislation. The only question is how to challenge such fines? Referring to the first camera or the second? Read about it in the following article.

Source: Z R

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