Publication date: 09.06.2024
Liability for violation of the rules of railway crossings
Introduction
Railroad crossings are places of increased danger on the roads where road and rail vehicles collide. Violation of the rules of railway crossings can have catastrophic consequences, including significant material damage, injuries and loss of life. In Ukraine, the issue of liability for such violations is regulated by a number of legal acts. In this article, we will review the main aspects of legal regulation, administrative liability and the procedure for appealing against fines for violating the rules for crossing railroad crossings.
Legal framework
Code of Ukraine on Administrative Offenses (CUAO)
The Code of Ukraine on Administrative Offenses contains provisions regulating liability for violations of the rules for crossing railroad crossings. In particular, Article 123 of the Code of Administrative Offenses provides for liability for such violations:
- Entering a railroad crossing with a closed or closing barrier.
- Driving onto a railroad crossing when the traffic light is prohibiting.
- Drive to a railroad crossing if a train is approaching.
Traffic rules (SDA)
The Traffic Rules of Ukraine define in detail the procedure for crossing railroad crossings. According to the SDA, a driver is obliged to stop in front of a railway crossing when the traffic light is red, the barrier is closed or closing, or when a train is approaching.
Types of violations of the rules of railway crossings
Departure at a crossing with a closed barrier or prohibition signal
This is one of the most dangerous violations that can lead to a collision with a train. This violation is subject to a significant fine or other administrative penalties.
Bypassing the barrier
Driving around a barrier is also a serious violation that poses a direct threat of collision with a train. Such behavior is a gross violation of traffic rules and is subject to severe sanctions.
Unlawful stop at a crossing
Stopping at a railroad crossing is prohibited, as it can impede train traffic and create dangerous situations. The driver may also be held liable for such a violation.
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Administrative responsibility
Penalties
The main type of administrative penalty for violating the rules of railway crossings is a fine. The amount of the fine depends on the nature of the violation and can vary from UAH 340 to UAH 850.
Deprivation of driving privileges
For gross violations of the rules for crossing railroad crossings, a driver may be deprived of the right to drive for up to one year. This is a more severe sanction that is used to prevent repeat violations.
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 complaint 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.
