Responsibility of pedestrians for traffic violations

1. Violation by a pedestrian or a passenger of a vehicle of the Rules of the road -

shall entail a warning or the imposition of an administrative fine in the amount of five hundred roubles.

2. Violation of the Rules of the Road by a person driving a bicycle, or by a carrier or other person directly involved in the process of road traffic (with the exception of the persons specified in part 1 of this article, as well as the driver of a vehicle), -

shall entail the imposition of an administrative fine in the amount of eight hundred roubles.

3. Violation of the Rules of the road by persons specified in part 2 of this article, committed in a state of intoxication, -

shall entail the imposition of an administrative fine in the amount of one thousand to one thousand five hundred roubles.

Commentary on Art. 12.29 Administrative Code of the Russian Federation

1. The object of the offense is recognized public relations in the field of road safety.

The objective side of the acts in question is expressed in violation of the Rules of the road various categories subjects. The qualifying sign of the objective side of the offense provided for in part 3 of the commented article is the state of intoxication, which does not allow the subject to objectively evaluate his actions and their significance, as well as control them, which entails an additional danger of his actions.

2. The subject composition of the offense is diverse and specified in relation to certain provisions of this article. So, as the subject of the offense under Part 1, a pedestrian or a passenger of a vehicle acts, i.e. only a citizen who has reached the age of 16. Within the meaning of Part 2, the subject of the offense is a road user driving a vehicle, except for mechanical Vehicle such as a moped, cart, bicycle, etc. The list of such subjects is open, the defining sign of referring a person to the number of subjects of an offense is recognition of him as a road user who committed the corresponding violation.

The subjective side of the acts in question is expressed in the intent of the perpetrator.

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1. Violation by a pedestrian or a passenger of a vehicle of the Rules of the Road -

shall entail a warning or the imposition of an administrative fine in the amount of five hundred roubles.

2. Violation of the Rules of the Road by a person driving a bicycle, or by a carrier or other person directly involved in the process of road traffic (with the exception of the persons specified in Part 1 of this Article, as well as the driver of a vehicle), -

shall entail the imposition of an administrative fine in the amount of eight hundred roubles.

3. Violation of the Rules of the road by persons specified in part 2 of this article, committed in a state of intoxication -

shall entail the imposition of an administrative fine in the amount of one thousand to one thousand five hundred roubles.

Comments to Art. 12.29 Administrative Code of the Russian Federation

1. The objects of the administrative offense under consideration are public relations in the field of ensuring road safety.

2. Rules of the road Russian Federation, approved by the Decree of the Council of Ministers - the Government of the Russian Federation of October 23, 1993 N 1090 (as amended and supplemented), establish the duties of both drivers of vehicles and pedestrians, passengers, persons driving a moped, bicycle, and other persons directly involved in the process of traffic.

3. From the objective side, the offense provided for by part 1 of this article is expressed in violation of the Rules of the Road of the Russian Federation by pedestrians and passengers.

The list of rules governing the behavior of pedestrians is contained in paragraph 4 of these Rules. Pedestrians must: walk on sidewalks or footpaths, and outside settlements when driving on the carriageway - towards the movement of vehicles, cross carriageway at pedestrian crossings, follow the signals of the traffic controller, traffic lights, when crossing the carriageway outside pedestrian crossing do not interfere with the movement of vehicles, etc.

Paragraph 5 of the Rules of the Road establishes the norms of behavior for passengers. These include, in particular, the obligation to wear a seat belt (if there are any on the vehicle), to wear a motorcycle helmet while riding a motorcycle, etc.

4. Part 2 of this article establishes liability for violation of the Rules of the Road by persons driving mopeds, bicycles, carters and other persons participating in the process of road traffic. Paragraph 24 of the Rules establishes additional requirements for this category of road users. So, it is allowed to drive a moped to persons not younger than 16 years old, and to drive bicycles, horse-drawn carts (sledges), to drive pack, riding animals or herds when driving on roads - to persons not younger than 14 years old. In the constituent entities of the Russian Federation, this age can be reduced, but not more than by two years.

Drivers of bicycles and mopeds are forbidden to ride without holding the steering wheel with at least one hand, carry passengers, except for a child under the age of 7, on an additional seat equipped with reliable footrests, carry cargo that protrudes more than 0.5 m in length or width for dimensions, or cargo that interferes with control (clause 24.3 of the Rules), etc.

5. Part 3 of this article establishes the responsibility of the persons indicated in parts 1 and 2 of the commented article for violation of the Rules of the road, committed in a state of intoxication. For the existence of the composition of this administrative offense, it is necessary to establish: a) violation by a pedestrian, driver, passenger, driver, persons driving a bicycle or moped, and other persons directly involved in the process of road traffic, of any of the requirements relating to them; b) being in a state of intoxication at the time of the commission of the offense of the relevant road user.

6. From the subjective side, the considered administrative offenses are characterized by an intentional form of guilt.

7. The subjects of an administrative offense may be various road users (except drivers of vehicles) who have reached the age of 16. Part 1 of this article provides for the liability of pedestrians and passengers; under part 2, persons driving bicycles and mopeds, drivers and other persons directly involved in the process of road traffic are responsible, under part 3 of the commented article - all the above entities.

8. Cases of administrative offenses are considered by the head of the traffic police, his deputy, the commander of the regiment (battalion, company) of the road patrol service, his deputy, and for parts 1 and 2 of this article also traffic police officers with a special rank, senior district commissioners police, district police officers (art. 23.3).

Protocols on administrative offenses are drawn up by officials of the internal affairs bodies (police) (part 1 of article 28.3).

Violation of the Rules of the Road by a pedestrian or other person participating in the process of road traffic

Commentary on Article 12.29 of the Code of Administrative Offenses of the Russian Federation:

1. The objects of the administrative offense under consideration are public relations in the field of ensuring road safety.

2. The rules of the road of the Russian Federation, approved by the Decree of the Council of Ministers - the Government of the Russian Federation of October 23, 1993 N 1090 (as amended and supplemented), establish the obligations of both drivers of vehicles and pedestrians, passengers, persons driving a moped, bicycle, and other persons directly involved in the process of road traffic.

3. From the objective side, the offense provided for by part 1 of this article is expressed in violation of the Rules of the Road of the Russian Federation by pedestrians and passengers.

The list of rules governing the behavior of pedestrians is contained in paragraph 4 of these Rules. Pedestrians must: move along sidewalks or footpaths, and outside settlements when moving along the carriageway - towards the movement of vehicles, cross the carriageway at pedestrian crossings, follow the signals of the traffic controller, traffic lights, when crossing the carriageway outside the pedestrian crossing, do not interfere with traffic vehicles, etc.

Paragraph 5 of the Rules of the Road establishes the norms of behavior for passengers. These include, in particular, the obligation to wear a seat belt (if there are any on the vehicle), to wear a motorcycle helmet while riding a motorcycle, etc.

4. Part 2 of this article establishes liability for violation of the Rules of the Road by persons driving mopeds, bicycles, carters and other persons participating in the process of road traffic. Paragraph 24 of the Rules establishes additional requirements for this category of road users. So, it is allowed to drive a moped to persons not younger than 16 years old, and to drive bicycles, horse-drawn carts (sledges), to drive pack, riding animals or herds when driving on roads - to persons not younger than 14 years old. In the constituent entities of the Russian Federation, this age can be reduced, but not more than by two years.

Drivers of bicycles and mopeds are forbidden to ride without holding the steering wheel with at least one hand, carry passengers, except for a child under the age of 7, on an additional seat equipped with reliable footrests, carry cargo that protrudes more than 0.5 m in length or width for dimensions, or cargo that interferes with control (clause 24.3 of the Rules), etc.

5. Part 3 of this article establishes the responsibility of the persons indicated in parts 1 and 2 of the commented article for violation of the Rules of the road, committed in a state of intoxication. For the existence of the composition of this administrative offense, it is necessary to establish: a) violation by a pedestrian, driver, passenger, driver, persons driving a bicycle or moped, and other persons directly involved in the process of road traffic, of any of the requirements relating to them; b) being in a state of intoxication at the time of the commission of the offense of the relevant road user.

6. From the subjective side, the considered administrative offenses are characterized by an intentional form of guilt.

7. The subjects of an administrative offense may be various road users (except drivers of vehicles) who have reached the age of 16. Part 1 of this article provides for the liability of pedestrians and passengers; under part 2, persons driving bicycles and mopeds, drivers and other persons directly involved in the process of road traffic are responsible, under part 3 of the commented article - all the above entities.

8. Cases of administrative offenses are considered by the head of the traffic police, his deputy, the commander of the regiment (battalion, company) of the road patrol service, his deputy, and for parts 1 and 2 of this article also traffic police officers with a special rank, senior district commissioners police, district police officers (art. 23.3).

Protocols on administrative offenses are drawn up by officials of the internal affairs bodies (police) (part 1 of article 28.3).