If you did not miss ambulance: fine and rules. The prosecutor's office closed the case on the driver who blocked the children's "ambulance legal conflict on the example of a video

The appearance within the visibility of the car with the flashing included, as a rule, attracts the attention of the participants roadForced to respond in a certain way to the changed situation on the road. Special signal on the car testifies to her belonging to one of the state or emergency services, which means that in most cases such a car should be missed, since this may depend on this life.

When should the car with a special signal be shifted? What is the penalty for failure to provide the road with a special signal to regulatory documents? Can the driver deprive the right for such a violation? Reply to these questions in this article.

When to miss necessarily?

To the number of services that equip their transport specialignals include:

• fire protection;
• ambulance;
• Traffic police;
• police;
• state structures of different levels.

In addition, flashing can be equipped vehicle Road repair organization or car carrying a dangerous cargo.

In the general case, participants in the road, seeing the car with a special signal from behind, should give her way, rebuilding, if possible, to the right. Of course, if the situation on the road does not allow rapid rebuilding, you should not try to skip the machine with flashes by any way, while creating an emergency situation: you must wait for a favorable moment and make the necessary maneuver. If the driver has not yet started movement, you should wait until the car is erupting with the specialign, and only after that weave from the spot. If you have the opportunity to stop for a while, while the car is erupting with flashes, it should be done this way.

What could be penalty sanctions?

To the most typical situations when the need arises to give way to special road, can be attributed:

• crossing intersection;
• departure of special transport on the strip, according to which the car is moving;
• perform rotation with a flashing machine.

If in one of these situations (or in this) driver did not miss the special transport, it can be fined to:

• 500 rubles, if Spetsmashina has a color diagram on the body;
• 100-300 rubles, if the color diagram on the car body is absent (for example, on the aircraft and civil servants).

It should be said that questions related to the provision of road special transport are among the most controversial and ambiguous, when the advantage may be in the hands of a more experienced lawyer who represents the interests of one of the parties.

In some cases, when, for example, the driver demonstratively refused to give way to a car with the included specialign, the consequences may be more serious. If at the same time the violator was stopped by the traffic police inspector, the punishment may be in deprivation of a driver's license for three months. In addition, in this case, the driver is deprived of the opportunity to appeal the decision on the fine.

If, passing the car with a specialign, the car has damaged to other participants in the road, this may also be a reason for the use of penalties. The most coarse violation is incriminatedized to persons who did not give way to Spetsmashin, while in a drunk condition: in this case, the rights can be proclaimed for a period of 1 to 3 years.

The appeal of the decision on the fine occurs in the prescribed manner: the driver, without consonant with the decision of the traffic police, within 10 days, sends a complaint to the superior authority of the auto inspection or to the district court at the occident. The result of consideration of the complaint against the traffic police becomes known after 10 days, the court decision can be found in 2 months.

Car owners who did not miss ambulance will be deprived driver's license For a period of one and a half to two years. This measure can be applied in cases where the delay of physicians to the patient did not lead to negative consequences. If they came (for example, the patient died), the driver will be a criminal responsibility: the punishment in the form of imprisonment for up to four years will appear in the new article of the Criminal Code of the Russian Federation "Preventing medical care". The appropriate draft law of the Vice-Speaker of the State Duma Irina Sumarova (United Russia) and deputies groups of the State Duma State Duma Committee intend to recommend to adopt in the first reading tomorrow. The document has already been supported by the Government and the Supreme Court, but experts note that in the situation with the Non-Fus Sportsport, it is not the size of a fine, but the inevitability of punishment. In addition, it is unclear how to act in a situation where the driver cannot give way to the "ambulance" road on objective reasons.

Two interlocutor of Izvestia in the Profile Duma Committee explained that it was about establishing responsibility for the threats to doctors and attack on them in the performance of professional duties, as well as for impassive ambulance. The corresponding bill in early April was introduced to the State Duma Vice-Speaker Irina Yarovaya and the Head of the Health Committee Dmitry Morozov (both - "United Russia"). Later, about 60 deputies also joined the authors. The draft law provides amendments to the Code administrative offenses, as well as in criminal and criminal procedure codes.

According to the document, administrative responsibility is established for preventing the legitimate activities of doctors. So, if the physician is not allowed to the patient, a penalty may be imposed on a violate from 4 to 5 thousand rubles or arrest for 15 days. If we are talking about the ambulance, the driver faces a fine of 30 thousand rubles and deprivation of rights per one and a half or two years (similar punishment is provided for driving a car drunk). Now, according to the Administrative Code, the non-profit machine with special signals is punishable or a fine of 500 rubles, or by deprivation of rights for 1-3 months.

However, administrative responsibility will come only if the patient as a result of the actions of third parties was not harmful. If the patient died or his health was gravily harmful harm, the criminal article will be in violates. For causing the harm of moderate severity, it is proposed to introduce a fine of 40 thousand rubles, compulsory work for a period of up to 360 hours or corrective work for up to one year. Four years of conclusion is waiting for violators in the event of a patient's death or causing serious harm to his health. Such measures will be envisaged in the new article 124.1 of the Criminal Code "Pre-providing medical care."

In Articles 115 and 119 of the Criminal Code "Intentional causing easy harm to health" and the "threat of murder or causing grievous harm to health" is also invited to include responsibility for the commission of similar crimes against citizens in the performance of official duties. In the first case, the violator of the law may threaten the deprivation of freedom to two years, in the second - to five.

Earlier, the government and the Supreme Court of the Russian Federation supported the draft law, but indicated a number of its shortcomings. Sun, in particular, drew attention to the uncertainty of the concept of "creation of obstacles to the patient." It "does not have a specific content," follows from the court review, and may entail the "wide discretion" of the law enforcement.

The press service of the Ministry of Health, on the data of which the authors of the draft law referred to it, could not provide "Izvestia" an overall commentary. Chairman of the Interregional Public Organization of Motorists "Freedom of Choice", Deputy State Duma Vyacheslav Lysakov ("United Russia") doubts that the law will work in the proposed form. He reminds that the Administrative Office already provides for the punishment for the non-rigging machines with special signals and it is "quite adequately".

The problem is not allegedly insufficient sanctions, but in the absence of the inevitability of punishment, said Vyacheslav Lysakov. - It is necessary to make the existing sanctions reaches the goal, and if they do not work now, then the new work will not work.

He also reminded that only the court can deprive the driver of rights, but the violation must fix the inspector, and not the camera operating in automatic mode. At the same time, traffic police officers on roads are not enough and such cases are one.

It is practically unrealistic to ensure monitoring of the special transport from the point A to the point B, - said the deputy.

The driver may not miss special transport and due to the lack of space for rebuilding or for another valid reason, he stressed. How to consider the actions of the driver in such situations, the bill does not explain.

It is necessary to start solving the question from the total equipment of the "fast" video recorders, and for each case there is such a violation to transfer the file in the traffic police so that they finally be penalized, "Vyacheslav Lysakov said. - It is possible to increase the amount of the fine, but it is necessary to increase the inevitability of punishment.

According to the parliamentarian, to allocate ambulance in a separate group is inexpedient, because due to the lateness of firefighters or the police people can also suffer.

Read more on the topic

Article 12.17 of the Code of Administrative Offenses of the Russian Federation states that non-color non-color charts included in the flashlight of blue color and a special sound signal - to which the "ambulance" refers to a penalty of 500 rubles or the deprivation of "rights" for a period of one to three months.

Cases when for the blockage of the paths of cars of emergency services at the steering driver's licenses, You can recalculate on your fingers. As a rule, law enforcement officers are limited to cash recovery.

A discount is applied to the penalty for non-repurchase "Emergencies". Have time to pay for it in the first twenty days from the moment of the decision - the state "will forgive" 250 types. Skipping the "ambulance" carriage - yes, it's not a typo - it can extend from the driver's wallet either as much or much more: it all depends on how the steering is lucky in life and where it will overtake the medical team, hurrying to call .

An extremely unpleasant situation happened to Samara motorist. The driver submissively stopped at the stop line when a red traffic light signal caught fire at the next intersection. After a few seconds in the rear view mirror, he notifies the ambulance car, which demanded to give her the road with lilac and flashers. The hero of this story I missed the carriage - he rolled out a little further, hooking the front wheels of his car a stop line.

What was the surprise of the driver, when the annual number of days "flew" to him, a fine from the camera in the amount of 800 rubles. Yes, he really broke the markup, but is it rightly punished, considering the circumstances under which this small lack of observation was allowed. The valiant employees of the local traffic police counted that it was true: in the cancellation of the fine, our hero was denied. Currently, he prepares documents to court, counting on the objectivity of the femis. What do you think, how will this story end?

Do not go to the fortuneteller - and in court the driver will refuse what is regrettable. After all, there are laws according to which violators must carry appropriate penalties. You can not cross the stop line, even though you are crazy. And since the police, firefighters, physicians, president or aliens - be good to erupted you so that your maneuvers do not create an emergency situation, following the traffic rules. Otherwise, catch the "letter of happiness", or even one.

Although in fact, law enforcement officers have a hint in the form articles 2.7 Administrative Code which allows violation of road rules in case of extreme need. According to her, even a deeply drunk driver, delivering to the hospital of a wounded man, can sit behind the wheel, which is about some intersections of markup. Why the traffic police are not considered with this law, we are incomprehensible to us. Full unprofessionalism and terry indifference to people - there is no other explanation.

Surely, this is not the last similar case and not the last motorist who is forced to bear the punishment for the "ambulance". And while the mechanism is not debited, the drivers will have to choose: human life or traffic rules; give way to the detriment of their interests or take responsibility for the death of someone who doctors are desperately trying to save; Penalty or fine.

Victoria Basileva
Photo: Moscow Komsomolets

The new law on the protection of the life and health of patients and medical workers was prepared by a group of deputies led by Irina Yarova. The question of his need was sharply stood at the beginning of the year after: the path of ambulance brigade blocked the stubborn motorist, because of which the doctors could not get to the patient, and he died.

The lawmakers were provided for responsibility, including such serious effects of stubbornness and propose to supplement the Criminal Code of the Russian Federation Article 124 1 "Preventing Medical Aid". If the interference led to a patient's harm to the health of moderate gravity, then the creator of interference faces a fine of up to 40 thousand rubles, or mandatory work for up to 360 hours, or correctional work for a period of up to one year, or arrest for up to 4 months.

In the event that the patient died or his health is gravily harmful, the creator of interference is shining forced work for up to 4 years or imprisonment for up to 4 years. The guilty may also be deprived of the right to occupy certain positions or engage in certain activities for up to 3 years.

A new article (6.2 1) with the same name will appear in the Administrative Code of the Russian Federation, it provides for the responsibility for the fact of preventing legitimate activities of the medical worker: a fine of 4,000 to 5,000 rubles or administrative arrest for up to 15 days. Article 12.17 will appear in paragraph 3, which states that if the driver did not give way to the ambulance and, because of this, did not have time to assist the patient in time, then the penalty in the amount of 30 thousand rubles and deprivation of rights from 1 threatens , 5 to 2 years.

In the report on the official website of the State Duma, in addition, the intention of deputies is marked to increase criminal liability for the threat of murder and for causing harm to health against persons under the performance of official duties. This is how Irina Yarova comments:

"We increase this responsibility, first of all, in order for everyone to understand that any violent action against the doctor, including the causing of easy harm to health and the fact of the murder, will bear a serious increased criminal liability: to threaten the murder - to 5 years of imprisonment, for causing easy harm to health - up to 2 years in prison. "

It is possible that the second and third reading new laws will somehow change, but their total vector is already clear and is not subject to doubt.

• This week it became known that the Ministry of Internal Affairs of the State Duma deputies plans to violate traffic rules. The initiative proceeded from the United Russia, the one who was the first in January of this year offered to plant drivers in prison for impassive soon.

Moscow canceled the decision to initiate a criminal case against the driver of Mercedes-Benz, who did not miss the children's ambulance on the sunny street in Moscow. About this "Gazeta.Ru" reported in the press service of the capital prosecutor's office.

A few days ago, the driver of a foreign car was detained by the police. In relation to him, at the personal disposal of the head of the SC of Russia, a criminal case was initiated under Part 1 of Art. 213 of the Criminal Code of the Russian Federation (hooliganism), the maximum punishment on it reaches five years in prison. As part of the investigation, employees law enforcement Even managed to interrogate the suspect and emergency station workers, conduct searches at the driver's place of residence and remove the DVR, which was installed in the "Emergency" cabin.

The motorist who tried to "teach" the driver of the children's "ambulance", turned out to be a 36-year-old resident of Moscow Evgeny S. According to media reports, a man is not the first time attracts attention - he has repeatedly attracted him to administrative responsibility for traffic violations. In particular, he was prescribed fines for movement and stop on the strip for public transport, travel to red and unreadable numbers. In addition, a man has exceeded many times speed mode. In total, there are more than 20 fines on the driver's account, half of which is currently not paid.

It was also reported that during the interrogation a man recognized his guilt and repented.

It is noteworthy that after the arrest "Gazeta.Ru" in Moscow, within two days, could not provide information on which preventive measure will be elected against a man. After the decision of the prosecutor's office, they eventually released him.

Recall, another incident with the ambulance car occurred on sunny street in Moscow. The scandal flared after the appearance of a video from the registrar on which a medical car approaches the Mercedes-Benz GL63 SUV, which at that moment went out of the parking lot. Instead of missing physicians, for some reason, the driver of a foreign car decided to wed up in front of the special machine. Turning the steering wheel, he began to slowly move forward along a narrow road.

The driver "Emergencyly" at that moment turned on Sirena to remind the motorist that he was in a challenge, but he did not respond at first, and then at all instead of accelerating, stopped, left the car and the sign showed the driver "Emergency "That he does not suit the perseverance of a medical car.

After that, the verbal switches began.

- You have nothing to do, or what? - asked the motorist in surprise.

- I'm on the challenge food, you can quickly? - the driver replied him.

"I'll stand here in general," the owner of the foreign car said.

After that, the driver returned to his Mercedes and, despite the threats, still continued to move.

The video brought into the network of rapid discussions and a quick reaction of law enforcement agencies. Even before the disposal of the initiation of a criminal case in the metropolitan administration of the IC began a preferential check on the fact of violations captured on video.

However, not all incidents with blocking the passage of ambulance cars in Russia are continued. In most cases, such drivers are either losing rights for three months, or even avoid responsibility.

So, just a few days before this scandal, a video title and other automotive rudeness appeared in the network. From the description to the video it follows that in the evening of April 18 on the inside of the Moscow Ring Road in the area of \u200b\u200bthe Yaroslavl highway for the ambulance car, hurried to challenge and "accelerant" Volkswagen Polo.. His driver allegedly did not follow the distance and constantly created an emergency.

The driver "Emergency" decided to miss Likhach and rebuilt into another row for some time. However, the motorist, ahead of the medical machine, slowed down and began to move ahead of it. At the same time, Volkswagen constantly slowed down, because of what the car of the physicians almost crashed into it.

On video filmed only the final fragment of the incident. I heard the ambulance driver to the megaphone shouts by the motorist so that he missed the physicians. Ultimately, the foreign car still rebuilt on the neighboring strip. Her driver at the same time showed the middle finger in the doctors window.

A few days after placement of the roller in the network, the metropolitan control of the SC initiated the test of this incident. However, nothing is known about its results.