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Legal Aspects of Administrative Liability for Violation of Intersection Traffic Rules

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Sakharuk Anatolii
Sakharuk Anatolii
Lawyer
Ukraine / Kyiv

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Publication date: 09.06.2024

Legal Aspects of Administrative Liability for Violation of Intersection Traffic Rules

 

Introduction

 

Intersections are one of the most dangerous places on the road where road traffic accidents (RTAs) often occur. Violation of intersection rules can lead to serious consequences, including injury and death of road users. In Ukraine, the issue of administrative liability for such violations is regulated by a number of legal acts. In this article, we will consider the main legal aspects of administrative liability for violation of intersection rules.

 

Legal framework

 

Code of Ukraine on Administrative Offenses (CUAO)

 

The Code of Administrative Offenses of Ukraine contains provisions regulating liability for violation of intersection rules. In particular, Article 122 of the Code of Administrative Offenses provides for the imposition of fines for failure to comply with road signs and markings, violation of intersection rules and other traffic requirements.

 

Traffic rules (SDA)

 

The Traffic Rules of Ukraine define detailed requirements for driving through intersections. These rules include the procedure for driving through regulated and unregulated intersections, requirements for giving way, and rules for driving through roundabouts.

 

Types of violations of intersection rules

 

Failure to comply with road signs and traffic lights

 

One of the most common violations is failure to comply with road signs and traffic signals. This may include running red lights, ignoring stop signs or yield signs, which creates a danger to other road users.

 

Driving through unregulated intersections

 

At unregulated intersections, drivers are required to give way to vehicles traveling on the main road. Violation of these requirements can lead to collisions and other accidents.

 

Driving through roundabouts

 

The rules of circular intersections provide for giving priority to vehicles that are already in a circular motion. Violation of this rule is also often the cause of accidents.

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Administrative responsibility

 

Penalties

 

The main type of administrative penalty for violation of intersection rules is a fine. The amount of the fine depends on the nature of the violation and can range from UAH 255 to 680. In cases of gross violations, such as running a red light, fines can be higher.

 

Deprivation of driving privileges

 

For systematic or gross violations of intersection rules, a driver may be deprived of the right to drive for a certain period of time. This is a more severe sanction that applies in cases where the violations pose a significant threat to road safety.

 

The procedure for appealing against fines

 

Filing a complaint

 

The driver has the right to appeal the imposed fine if he or she disagrees with the decision on the administrative offense. The appeal can be filed with the administrative body that issued the decision or with the court. The complaint must be filed within 10 days of receiving the decision.

 

Court proceedings

 

If a complaint is filed with the court, the case is considered with the involvement of the driver and representatives of the administrative body. The court takes into account all the circumstances of the case, including possible violations of the procedure for recording the violation and drawing up the resolution.

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