Article 20.12 part 3 of the Code of Administrative Offenses judicial practice. Penalty for blinking high beams
Full text Art. 12.20 Code of Administrative Offenses of the Russian Federation with comments. New current edition with additions for 2019. Legal advice on Article 12.20 of the Code of Administrative Offenses of the Russian Federation.
Violation of the rules for using external lighting devices, sound signals, hazard warning lights or warning triangles -
entails a warning or imposition administrative fine in the amount of five hundred rubles.
(Paragraph as amended by Federal Law of June 22, 2007 No. 116-FZ; as amended by Federal Law of July 23, 2013 No. 196-FZ.
Commentary on Article 12.20 of the Code of Administrative Offenses of the Russian Federation
1. The objects of the offense in question are public relations in the field of security traffic.
2. From the objective side, the administrative offense provided for in this article consists of violating the rules for using external lighting devices, sound signals, hazard warning lights or warning triangles.
In paragraph 19 of the Traffic Rules Russian Federation, approved by Resolution of the Council of Ministers - Government of the Russian Federation of October 23, 1883 N 1090 (as amended and additionally), sets out the rules for the use of external lighting devices and sound signals. So, in particular, in the dark and in conditions of insufficient visibility, high and low beam headlights must be turned on on all motor vehicles and mopeds; on trailers - side lights. High beam must be switched to low in populated areas, if the road is illuminated, when passing oncoming traffic in order to avoid dazzling drivers of both oncoming and passing vehicles. When stopping and parking at night on unlit sections of roads, the side lights must be turned on. When driving during daylight hours, low beam headlights must be turned on on motorcycles and mopeds, when driving in an organized transport convoy, when organizing groups of children in buses or trucks, when transporting dangerous, large and heavy cargo, when towing motor vehicles . In addition, when driving during daylight hours, in order to indicate a moving vehicle, low beam headlights must be turned on when driving outside populated areas. Rules for using a spotlight, searchlight, fog lights, etc. have also been established.
Sound signals can be used only in two cases: a) to warn other drivers of the intention to overtake outside populated areas; b) when it is necessary to prevent a traffic accident.
The rules for the use of emergency warning lights and warning triangles are formulated in paragraph 7 of the Rules of the Road. Thus, the hazard warning lights must be turned on in case of: a) a traffic accident; b) forced stop in places where stopping is prohibited; c) blinding of the driver by headlights; d) towing (on a towed vehicle).
After turning on the hazard warning lights, as well as if they are malfunctioning or missing, a warning triangle must be immediately displayed in the event of an accident, as well as in case of a forced stop in places where it is prohibited.
3. The subject of the commented administrative offense is the drivers of vehicles.
4. From the subjective side, the administrative offense in question can be committed either intentionally or through negligence.
5. Cases of administrative offense are considered by the head of the traffic police, his deputy, the commander of the regiment (battalion, company) of the road patrol service (DPS), his deputy, and traffic police officers with a special rank (Article 23.3).
Consultations and comments from lawyers on Article 12.20 of the Code of Administrative Offenses of the Russian Federation
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Road, intercity, highway... All this is at the same time romantic, special, but at the same time difficult and tiring. Everything is tiring: long hours on the road, constant stress, paying attention to signs and markings, watching the road itself and police ambushes. It’s good if someone blinks their headlights, thereby warning of an unexpected meeting. You yourself have probably blinked at passers-by more than once, trying to signal that a post has been posted. However, such signaling, that is, blinking headlights, turns out to be illegal. For this they may well be stopped, scolded and fined or not!? You will say: “Yes, well! Can't be!". Or maybe it can’t... Let’s try to understand this issue in the article.
Traffic rules prohibiting blinking high beams
So, we take the traffic rules book and look for it. Although it is possible virtually, that is, on the Internet - Traffic rules. In fact, this document will be key to finding any flaws in the driver’s behavior. So the entire section number 19 “Use of external lighting devices and sound signals” of the SDA is dedicated to the rules for using light and sound devices. Let's quote the main thing.
19.2 High beam must be switched to low beam:
in populated areas, if the road is illuminated;
when passing oncoming traffic at a distance of at least 150 m from the vehicle, and also at a greater distance, if the driver of the oncoming vehicle periodically switching the headlights indicates the need for this;
...
19.5. During daylight hours, all moving vehicles must have low-beam headlights or daytime running lights on to indicate them.
...
11.19. To warn of overtaking, instead of a sound signal or together with it, a light signal may be given, which is a short-term switching of the headlights from low to high beam.
Here we have collected points that specifically provide for the facts of switching the light from high to low or vice versa. Please note that nothing is said here about briefly turning on or off the light. That is, in fact, blinking the light is not reflected in any way as a prohibited fact. From this we can conclude that if an inspector stops a driver for blinking his lights, then he will have to look not for objective - direct facts of traffic violations, but for some alternative variations. If the inspector decides to issue a fine.
Article of the Code of Administrative Offenses of the Russian Federation for a fine for blinking high beams
In fact, the inspector does not have logical and direct conclusions that would allow him to issue a fine for blinking lights. This is not a lack of light, it is not non-functioning lighting fixtures. The only thing to which blinking headlights can be at least somehow indirectly applied is Article 12.20 of the Code of Administrative Offenses of the Russian Federation. An article with a rather general wording about violation of the use of lighting devices.
Penalty for blinking high beams (switching lights)
Now we take the document - the Code of Administrative Offenses of the Russian Federation, and read article 12.20 from it.
Violation of the rules for the use of external lighting devices, sound signals, hazard warning lights or warning triangles - entails a warning or the imposition of an administrative fine in the amount of 500 rubles.
This is the only one article of the Code of Administrative Offenses RF, which can be applied. However, as we have already said, there is no direct evidence indicating that blinking is a violation of traffic rules.
How can you challenge a fine for blinking your high beams?
If you come across, frankly speaking, an inadequate traffic cop, then avoid a fine for blinking high beam you can do this. Firstly, if you enter into a predictable and diplomatic dialogue with a police officer, you can always mention that blinking your high beams in an alternative case can be punished not with a ruble, but with a warning. All under the same article 12.20 of the Code of Administrative Offenses of the Russian Federation.
Secondly, blinking is essentially allowed when overtaking. Perhaps there was such a situation. See paragraph 19.11 of the traffic rules above.
Thirdly, if this does not help, then have the inspector write in the protocol which clause of the traffic rules you violated. This will not be easy to do. Since, in fact, blinking with high beams is not limited in any of the traffic rules. As a result, such a protocol can be protested in the same traffic police by filing an appeal.
In the end, if, after all, some not quite normal traffic cop issued a fine, then today’s legislation allows you to pay for violations under Article 12.20 of the Code of Administrative Offenses of the Russian Federation with a 50 percent discount. To do this, you must pay the fine no later than 20 days from the date of the decision.
Summarizing about blinking high beams on the highway
Here I would like to remember the proverb that the road to hell is paved with good deeds. Don't try to please everyone and everything. If you see a truck or bus in front of you, then you definitely shouldn’t blink. Because truckers, normal truckers, almost never exceed the speed limit. And even more so a bus driver. If they get caught, then we think it’s for the good, since these citizens should be the most responsible on our roads.
As for speeding cars, you can warn them. Even if inspectors notice you and stop you, they won’t find a clause in the traffic rules that says you can’t switch from near to high for a short time.
Questions and answers on the topic “Fine for blinking high beams”
Question: Can a fine be issued for blinking lights on the highway to warn of a police ambush?
Answer: No. There is no such condition in the traffic rules, unless the inspector decides that the driver has violated some related rule from paragraph 19 of the traffic rules.
VIII. Requirements for drawing up a protocol on an administrative offense under Art. 20.20 Code of Administrative Offenses of the Russian Federation and the formation of an evidence base
8.1. Article 20.20 of the Code of Administrative Offenses of the Russian Federation “Drinking beer and drinks made on its basis, alcoholic and alcohol-containing products, or consumption of drugs or psychotropic substances in public places” provides for liability for:
under Part 1 - for drinking beer and drinks made on its basis, as well as alcoholic and alcohol-containing products with an ethyl alcohol content of less than 12 percent by volume finished products in children's, educational and medical organizations, on all types of public transport (public transport) of urban and suburban traffic, in cultural organizations (with the exception of organizations or public catering establishments located in them, including those without education legal entity), physical education, health and sports facilities.
under Part 2 - for drinking alcoholic and alcohol-containing products with an ethyl alcohol content of 12 percent or more of the volume of the finished product on the streets, stadiums, squares, parks, in a public vehicle, and in other public places (including those specified in Part 1 of the article 20.20), with the exception of trade and public catering organizations where the sale of alcoholic beverages by the glass is permitted.
for part 3 – for consumption narcotic drugs or psychotropic substances without a doctor’s prescription, or consumption of other intoxicating substances on the streets, stadiums, squares, parks, in a public vehicle, as well as in other public places.
8.2. The purpose of this article is to ensure, by means of administrative influence, that citizens observe public order and public morality, protect the rights and freedoms of man and citizen from attacks on healthy image life.
8.3. Public places, specified in part 1 are children's, educational and medical organizations, all types of public transport in urban and suburban communications, cultural organizations (except for organizations or public catering establishments located in them, including those without the formation of a legal entity), physical education, recreation and sports facilities. To public places where drinking alcoholic beverages and consumption of intoxicating substances includes the following: streets, parks, squares, courtyards, entrances, staircases, elevators of residential buildings; entertainment enterprises (theatres, cinemas, palaces of culture); beaches, other public places. These include areas that are usually not considered public places, but become such during citizens’ leisure time.
8.3. Based on part 1 of Art. 20.20 of the Code of Administrative Offenses of the Russian Federation, it is impossible to hold accountable a minor who drinks beer simply on the street or in the courtyard of a residential building, as well as in other public places that are not listed in the above list, despite the official federal prohibition enshrined in Federal Law of the Russian Federation of November 22, 1995 No. 171-FZ “On government regulation production and circulation of ethyl alcohol, alcoholic and alcohol-containing products and on limiting the consumption (drinking) of alcoholic products,” according to which the consumption (drinking) of beer and drinks made on its basis by minors in any public places is not allowed.
If drinking beer or alcoholic beverages is accompanied by obscene language, offensive harassment of citizens or other similar actions that demonstratively violate public order and tranquility of citizens, then the person may be brought to administrative responsibility for petty hooliganism under Art. 20.1 of the Code.
8.4. The objective side of the offense provided for in Part 3 is the consumption of narcotic drugs or psychotropic substances without a doctor’s prescription or the consumption of other intoxicating substances in public places. The definition of narcotic drugs and psychotropic substances is established by Federal Law of January 8, 1998 No. 3-FZ “On Narcotic Drugs and Psychotropic Substances”.
8.5. Evidence base, upon initiation of proceedings under Art. 20.20 of the Code of Administrative Offenses of the Russian Federation may be:
Protocol on the seizure of things;
Certificate of medical examination for intoxication;
8.6. Depending on the circumstances of the administrative offense committed, the event of the administrative offense provided for in Parts 1,2,3 of Art. 20.20 Code of Administrative Offenses of the Russian Federation, it may be indicated:
example of event No. 1 (part 1, article 20.20)
“05/17/2013 at 15:00 Ivanov I.I., while in public transport, namely on a city bus on route 27 operating in the city of Izhevsk, drank an alcoholic drink - a Blazer cocktail containing ethyl alcohol 9%";
Example of event No. 2 (Part 1, Article 20.20)
“02/02/2013 at about 19:00 Ivanov I.I., being in the room educational institution, namely, State Educational Institution of Secondary Professional Education "Izhevsk Medical College" named after. F. Pushina, located at the address: Izhevsk, st. Krasnogeroyskaya, 12, drank beer trademark"Baltika", with an ethyl alcohol content of 4.4%";
example of event No. 3 (part 2, article 20.20)
“09/04/2013 at 16:50 Ivanov I.I., while at a public transport stop at the address: ____________, was drinking an alcohol-containing drink, vodka “Lednik”, volume 0.5 liters, ethyl alcohol content 40%”;
example of event No. 4 (part 3, article 20.20)
“01/01/2013 at 19:00 Ivanov I.I., being near the house____________________, inhaled vapors of the intoxicating substance “Toluene”.
example of event No. 5 (part 3, article 20.20)
“01/01/2013 at 19:00 Ivanov I.I., being near the house ___________________, inhaled vapors of Moment glue for the purpose of intoxication.”
IX. Requirements for drawing up a protocol on an administrative offense under Art. 20.21 Code of Administrative Offenses of the Russian Federation and the formation of an evidence base
9.1. Article 20.21. The Code of Administrative Offenses of the Russian Federation “Appearing in public places in a state of intoxication” provides for liability for appearing on the streets, stadiums, squares, parks, in a public vehicle, and in other public places in a state of intoxication that is offensive human dignity and public morality.
9.2. Taking into account the provisions of Part 2 of Art. 28.2 of the Code of Administrative Offenses of the Russian Federation, in the event of an administrative offense provided for in Article 20.21. Code of Administrative Offenses of the Russian Federation, it is necessary in mandatory indicate:
What was the insult to human dignity and public morality? A feature of the objective side of this administrative offense is that the citizen is in public place not just drunk, but in such a state of intoxication that offends human dignity and public morality in particular, one can be held accountable if the potential offender: is in a public place in a state of intoxication, and at the same time has an indecent appearance (an unkempt appearance that causes disgust and disgust; dirty, wet, unbuttoned, inside-out clothes); due to intoxication, the person has completely or significantly lost the ability to navigate (stands aimlessly or also moves aimlessly from place to place, coordination of movements is impaired and, as a result, instability, staggering gait); complete helplessness of a drunk (being in a public place in an unconscious (lying down) state), etc.
9.3. The evidence base when initiating proceedings under Art. 20.21 of the Code of Administrative Offenses of the Russian Federation may be:
Protocol on administrative violation;
Protocol on administrative detention, if the person was subjected to such;
Report on the identification of an administrative violation event;
Explanations of the person held accountable (minor);
Messages (appeals, letters) containing data indicating the presence of an administrative offense event;
Testimony of witnesses (witnesses can be persons who drank with the minor, as well as passers-by who saw the event of an administrative offense);
Copies of identification documents;
Characteristics of the person against whom administrative proceedings are being initiated (characteristics can be either personal or from the place of work or study);
Information about the financial and property status of the person held accountable;
Protocol on the seizure of things;
Certificate of medical examination for alcohol intoxication
- information about the income of the person brought to administrative responsibility;
Other documents relevant to the case.
9.4. When transferring a minor to parents (legal representatives), the case materials are accompanied by the testimony of the parents (as witnesses characterizing the personality of the offender and assessing his behavior), as well as a receipt for the transfer of the minor under their responsibility.
9.5. Depending on the circumstances of the administrative offense committed, the event of an administrative offense under Art. 20.21 Code of Administrative Offenses of the Russian Federation, it may be indicated:
example event #1
“04/21/2013 at 22:00, minor Ivanov A.A. was near the Aikai store, located at the address: Izhevsk, st. Sovetskaya 80, intoxicated. When walking, he staggered from side to side, a strong smell of alcohol emanated from the minor, and he was dressed in dirty, unkempt clothes. to his appearance he insulted human dignity.”
Example event #2
“Ivanova I.I., born 08/11/1997, 08/24/2013 at about 17:00 on the territory of the educational institution GOU NPO “PU No. 1”, namely on the territory of the dormitory of GOU NPO PU No. 1, located at address: Izhevsk, st. Azina, 1, was in a state of alcoholic intoxication, which offends human dignity and public morality. When walking, the minor staggered from side to side, in addition, a strong odor of alcohol emanated from her. With her appearance she insulted human dignity and public morality.”
X. Requirements for drawing up a protocol on an administrative offense under Art. 20.22 Code of Administrative Offenses of the Russian Federation and the formation of an evidence base
10.1. Article 20.22. The Code of Administrative Offenses of the Russian Federation “The appearance of minors in a state of intoxication, as well as their drinking of beer and drinks made on its basis, alcoholic and alcohol-containing products, their consumption of narcotic drugs or psychotropic substances in public places” provides for liability for the appearance of intoxicated minors under the age of sixteen years of age, as well as their drinking of beer and drinks made on its basis, alcoholic and alcohol-containing products, their consumption of narcotic drugs or psychotropic substances without a doctor’s prescription, other intoxicating substances on the streets, stadiums, squares, parks, in a public vehicle , in other public places.
10.2. Since Article 20.22 of the Code of Administrative Offenses of the Russian Federation provides for the responsibility of legal representatives for offenses by minors, in the event of an administrative offense under Art. 20.22 of the Code of Administrative Offenses of the Russian Federation, taking into account the provisions of Part 2 of Art. 28.2 of the Code of Administrative Offenses of the Russian Federation must necessarily indicate:
The age of the minor, i.e. date of birth (day, month, year);
Type of alcoholic and alcohol-containing products, narcotic drugs or psychotropic substances, intoxicants, which must be checked against existing lists;
A place where a minor appeared in a state of intoxication, drank beer, drinks made on its basis, alcoholic or alcohol-containing products, used narcotic, psychotropic, or intoxicating substances.
10.3. The evidence base when initiating proceedings under Art. 20.22 of the Code of Administrative Offenses of the Russian Federation may be:
Protocol on administrative violation;
Protocol on administrative detention, if the person was subjected to such;
Report on the identification of an administrative violation event;
Explanations of the person held accountable (legal representative);
Explanations of the minor;
Messages (appeals, letters) containing data indicating the presence of an administrative offense event;
Testimony of witnesses (witnesses can be persons who drank with the minor, as well as passers-by who saw the event of an administrative offense);
Copies of identification documents;
Protocol on the seizure of things;
Certificate of medical examination for intoxication
Note: serves as evidence subject to obtaining the voluntary informed consent of a minor or his legal representatives for medical intervention, as well as in other cases provided for in Art. 20 of the Federal Law of November 21, 2011 No. 323-FZ “On the fundamentals of protecting the health of citizens in the Russian Federation”;
Information about the income of the person brought to administrative responsibility;
Other documents relevant to the case.
10.4. When transferring a minor to parents (legal representatives), the case materials are accompanied by the testimony of the parents (as witnesses characterizing the personality of the offender and assessing his behavior), as well as a receipt for the transfer of the minor under their responsibility.
10.5. Depending on the circumstances of the administrative offense committed, the event of an administrative offense under Art. 20.22 of the Code of Administrative Offenses of the Russian Federation, it may be indicated:
example event #1
“Kuznetsova I.I. is the mother of the minor Kuznetsov A.A., born September 14, 1999, a student of the Municipal Educational Institution “Secondary School No. 1”, who on March 25, 2010 at 12:00, while in a public place, near the house ____________, was drinking beer.”
Example event #2
“Ivanov I.I., is the legal representative (father) of the minor Ivanova A.A., born December 12, 1999, a student of municipal educational institution “Secondary School No. 1”, who on October 10, 2013 at 22:20, was at the house _________________, in a state of intoxication.”
XI. Final provisions
11.1. These Recommendations have been developed for use by commissions on the affairs of minors and the protection of their rights of the Udmurt Republic.
11.2. These Recommendations provide examples of events of administrative offenses provided for in Art. 5.35, 6.8, 6.9, 6.10, 20.1, 20.20, 20.21, 20.22 of the Code, however, when indicating in the protocol on administrative offenses the event of an administrative offense, it is necessary to proceed not only from the provisions of the Recommendations, but, first of all, from the requirements of the current Code of Administrative Offenses of the Russian Federation, in particular Part 2 Art. 28.2. and the content of the article, which provides for liability for one or another type of offense.
11.3. These Recommendations provide the types of documents that can serve as evidence of events of administrative offenses, however, the collection, synthesis and analysis of their relevance, admissibility and sufficiency for legal proceedings in the case of an administrative offense should be carried out by employees of the Departments for Minors and Commissions for Minors and protection of their rights depending on the specific circumstances of the case and the conditions in which their collection and registration took place.
Transfer of weapons, violation of the rules of transportation, transportation or use of weapons and ammunition for them
Commentary on Article 20.12 of the Code of Administrative Offenses of the Russian Federation:
1. This article ensures that citizens and organizations comply with the ban on the transfer of weapons established by Art. 6 of the Federal Law of December 13, 1996 N 150-FZ “On Weapons” (as amended and supplemented), as well as implementation in accordance with Art. Art. 24 - 25 of this Federal Law and regulatory legal acts of the Government of the Russian Federation on the rules for the use, transportation, transportation of weapons and ammunition for them.
2. The object of the commented administrative offense is relations in the field of ensuring public order and public safety.
3. The objective side of the offense is characterized by the action associated with the transfer of weapons, violation of the relevant rules for the use, transportation, transportation of weapons and ammunition for them.
For example, in accordance with clause 66 of the Rules for the circulation of civilian and service weapons and ammunition on the territory of the Russian Federation, approved by Decree of the Government of the Russian Federation of July 21, 1998 N 814 (as amended and supplemented), it is prohibited to use technically faulty weapons and cartridges whose shelf life, storage or use has expired, except in cases of research work and testing or inspection technical condition weapons. The same Rules establish that for the transportation of weapons and ammunition, legal entities are required to ensure that consignments of firearms in an amount of more than 5 units or cartridges in an amount of more than 400 pieces are escorted along the route by guards of at least 2 armed people firearms, coordinate with the internal affairs bodies at the place of registration of weapons and ammunition the route of movement and type of transport, transport weapons and ammunition in the original packaging or in a special container, which must be sealed or sealed (clause 69). After concluding contracts for the transportation of weapons and ammunition, carriers are required to prepare receipts, expenses and accompanying documents in the manner established by the relevant federal executive authorities in agreement with the Ministry of Internal Affairs of Russia (clause 73).
4. The subject of this offense is an individual who has reached the age of 18 (Article 13 of the Federal Law “On Weapons”), as well as a legal entity.
5. From the subjective side, the guilt of a legal entity is recognized in accordance with Part 2 of Art. 2.1 of the Code, and the violation committed an individual, characterized by a deliberate form of guilt.
6. Cases of administrative offenses are considered by officials of internal affairs bodies (police) (Article 23.3). In addition, under Parts 1 and 3 of this article, such cases are considered by judges in cases where officials of internal affairs bodies (police), if necessary, decide on the issue of imposing an administrative penalty in the form of confiscation or paid seizure of weapons, transfer them to a judge for consideration ( Part 2 Article 23.1).
Protocols on administrative offenses are drawn up by officials of internal affairs bodies (police) (Part 1 of Article 28.3).
7. It must be borne in mind that Federal Law No. 398-FZ of December 28, 2010 made the following changes to Part 3 of the commented article, which come into force on July 1, 2011: an alternative administrative penalty in relation to a fine is deprivation of the right for the acquisition and storage or storage and carrying of weapons, and the paid confiscation of weapons and ammunition, which relates to additional penalties, is excluded from the list of administrative sanctions (from July 1, 2011, Article 3.6 of the Code is repealed).
Because of this, taking into account the provisions of Art. 3.8 of the Code, from July 1, 2001, officials of internal affairs bodies (police) will refer cases of these offenses to judges if it is necessary to resolve the issue of imposing punishment in the form of deprivation of the right to acquire and store or store and carry weapons (Part 2 Article 23.1).
