The new law rules the traffic rules for pedestrians. When Not to Yield to Pedestrians

Driver missed a pedestrian how to be? When is a driver obliged to give way? Who are pedestrians? Traffic police fine for a pedestrian. A fine for a driver who did not let a pedestrian pass. When should you stop or can you just slow down? What is the penalty for a driver not letting a pedestrian pass? Now let's look at these questions in detail.

Hello dear blog readers.

From the very day when cars appeared on the roads, confrontation between pedestrians and drivers began. Each of the road users believes that he is more important and wants to be let through. Remember, when you are driving your car, you begin to annoy the behavior of pedestrians who are in a hurry somewhere and mindlessly climb under the wheels. Or vice versa, slowly, imposingly cross the street. But the picture changes dramatically at the moment when you become a pedestrian for a while and are about to cross the street. It seems that all drivers forget about traffic rules at once, brazenly do not notice you and may even knock down a pedestrian .

Where pedestrians and vehicles meet, there is a conflict of interest. In order to take into account the interests of both parties, without leading to various tragedies, the rules of the road clearly stipulate the rights, obligations and advantages over other road users, both pedestrians and drivers.

What is a pedestrian?

Pedestrian - a person who is outside the vehicle (V) on the road or on a pedestrian or bicycle path and does not work on them. Pedestrians are treated as persons moving in wheelchairs without an engine, driving a bicycle, moped, motorcycle, carrying a sled, cart, baby or wheelchair, as well as using roller skates, scooters and other similar means for movement.

A pedestrian is a road user, which means that he has his own rights and obligations.

A road user is a person who is directly involved in the process of movement as a driver, pedestrian, passenger of the vehicle.

Pedestrians have responsibilities when crossing the road

1. Pedestrian must accept everything possible measures precautions and not create critical situations for drivers. When crossing a road, a pedestrian must not force drivers to brake or maneuver to avoid a collision.

2. Before entering the carriageway, the pedestrian must make sure that there is no approaching vehicle. Otherwise, the pedestrian has the right to enter the carriageway only after he is convinced that the driver sees him and slows down, or that the distance to the vehicle and the speed of the latter allow him to make the transition without starting to run, just as they do not force the driver to brake urgently in order to avoid collision.

3. Before starting to move, it is necessary to estimate the speed and distance to the approaching vehicle.

4. Make sure you don't interfere with drivers.

5. You can not go out onto the road because of a standing vehicle.

6. When crossing, do not stop, if you have entered the road, continue moving without stopping.

7. If you hear the sound of a siren from an approaching car (police, Ambulance, fire department, etc.), leave the roadway immediately.

8. When crossing the carriageway outside the pedestrian crossing, the pedestrian does not have priority over the vehicle. Exception (SDA 13.1): a pedestrian crossing the carriageway at an intersection along the line of sidewalks or shoulders has an advantage over vehicles leaving the intersection, completing a right or left turn.

Drivers, now remember, do we behave like this when we become pedestrians for a while? Or do we think that we are the most important on the road? If pedestrians performed at least a little of their duties, then the number of accidents with collisions with pedestrians would significantly decrease significantly. So I let the pedestrian pass and calmly drove on.

There are the following penalties for pedestrians

Code of Administrative Offenses of the Russian Federation N 195-FZ, as amended. dated 07/03/2016 with amendments and additions, entered into force on 07/15/2016

Article 12.29. Violation of the Rules of the Road by a pedestrian or other person participating in the process of road traffic

1. Violation of the rules of the road by a pedestrian or a vehicle passenger shall result in a warning or the imposition of an administrative fine in the amount of 500 rubles.

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 the vehicle), - entails the imposition of an administrative fine in the amount of 800 rubles.

3. Violation of the Rules of the Road by persons specified in part 2 of this article, committed in a state of intoxication - entails the imposition of an administrative fine in the amount of 1,000 to 1,500 rubles.

Now let's move on to another road user - the drivers. We all remember from school that a car is a source of increased danger, which means that drivers have more responsibilities and duties than pedestrians.

Responsibilities of drivers

SDA paragraphs 1.2.3.5.6.7 (Decree of the Government of the Russian Federation of November 14, 2014 N 1197, entered into force on July 1, 2015)

1. The driver of a vehicle approaching an unregulated pedestrian crossing must give way to pedestrians crossing the road or entering the carriageway (tram tracks) to make the crossing.

2. If a vehicle stops or slows down before an unregulated pedestrian crossing, drivers of other vehicles moving in the same direction must also stop or slow down. It is allowed to continue driving subject to the requirements of paragraph 14.1 of the Rules.

3. At regulated pedestrian crossings, when the traffic signal is turned on, the driver must allow pedestrians to complete the crossing of the carriageway (tram tracks) in this direction.

4. In all cases, including outside pedestrian crossings, the driver must give way to blind pedestrians signaling with a white cane.

5. The driver must give way to pedestrians walking towards or away from the block vehicle standing at the stopping place (from the side of the doors), if boarding and disembarking are carried out from the carriageway or from the landing site located on it.

6. Approaching a stopped vehicle with the alarm, which has the identification marks " Transportation of children » , the driver must slow down, if necessary, stop and let the children pass.

Now let's move on to what does it mean to give way to a pedestrian?

Give way (do not interfere) - this means that the driver must not start, resume or continue to move, to carry out any maneuver, if this may force other road users who have an advantage over him to change direction or speed. In other words, you need give way - stop and missed the pedestrian.

Answer: Always and always!
And it is cruel to punish for violating this elementary rule, which is strictly observed abroad, otherwise our grief, I emphasize, grief drivers, they drive a cart, and not a car (a vehicle with increased danger) are completely emboldened, but thank God, there was hope that soon with end this.
Tags: traffic rules

Tags: When you need to give way to pedestrians

Recently, the traffic police has been mercilessly fined drivers who do not give way to pedestrians ... But unfortunately ...

Apr 12, 2013 - BY asked the traffic police how to give way correctly. ... interpret this norm in a different way: even a pedestrian, who ... is not, must give way.

A few (in fact - a lot) words to pedestrians about traffic rules ...

AT recent times cases have become more frequent when pedestrians show poor knowledge of the Rules with increased confidence in their rightness and at the same time are very indignant when they are signaled.
In this post I want to clarify some points regarding the crossing of the carriageway and similar cases, from the point of view of the Rules of the Road.
For those who don't know me: I have a car, but I'm not a fan, I don't drive much (4.5 years - 37 thousand km), and in good weather I walk quite a lot.
The main catalyst for changing the behavior of pedestrians was the amendments several years ago to clause 14.1 of the SDA, which now reads like this:
"The driver of a vehicle approaching an unregulated pedestrian crossing<...>, is obliged to slow down or stop before crossing in order to give way to pedestrians crossing the carriageway or stepping onto it to make the crossing."
Previously, there was nothing about "slow down or stop"; the car could pass the crossing if the driver believed that he would not interfere with the pedestrian. Also, the penalty for not allowing a pedestrian to pass was 10 times tougher. Corrections are correct, but...
Some people began to understand the above paragraph in the following sense: "I can cross the road without stopping in front of it and without looking at the cars. The driver is now obliged to let me through anyway, but I don't care how."
Open traffic rules:
"4.5. At unregulated pedestrian crossings, pedestrians may enter the carriageway after assessing the distance to approaching vehicles, their speed and making sure that the crossing will be safe for them. When crossing the carriageway outside the pedestrian crossing, pedestrians, in addition, should not obstruct the movement of vehicles and get out from behind a standing vehicle or other obstacle that limits visibility without making sure that there are no approaching vehicles."
If we combine the meaning of the above points, we get the following.
Traffic rules do not oblige the driver to respond to a pedestrian on the sidewalk, even if he (the pedestrian) is about to step onto the roadway. The responsibility of the driver arises only after the pedestrian does it. A pedestrian, on the other hand, has duties even before he has set foot on the road - he must first make sure that his crossing is safe. If you speak at all plain language: a pedestrian does not have the right to enter the road "under the wheels" and thus force the driver to brake urgently. And if the pedestrian forced the driver to do so, then it is the pedestrian who is wrong in this situation - he stepped onto the roadway in violation of the Rules.
In general, traffic rules prohibit hard braking; this is allowed only to prevent an accident (clause 10.5).
The obligation of the driver to let the pedestrian through (clause 14.1) arises only if there is a pedestrian crossing. What's this? Any place where a pedestrian can cross the road?
"Pedestrian crossing" - a section of the carriageway, marked with signs 5.19.1, 5.19.2 and (or) markings 1.14.1 and 1.14.2<...>and allocated for pedestrian traffic across the road. In the absence of markings, the width of the pedestrian crossing is determined by the distance between signs 5.19.1 and 5.19.2.
That is, a pedestrian crossing is a place where there is a "zebra" and / or appropriate signs. Moreover, if there is no "zebra", there should be TWO signs - on one side of the roadway and on the other (indicate the beginning and end of the transition). If there are no signs or zebra crossings, there is NO pedestrian crossing. This does not mean that you cannot cross the road. It is possible, but clause 14.1 is no longer valid.
In addition, it should be remembered that drivers are required to give way to pedestrians only at the crossing, but not near it, much less 20 meters from it. If you cross the road NEAR the pedestrian crossing, then the driver is no longer obliged to yield, but you are obliged (see clause 4.5). There were several such cases in my driving practice (and I repeat, I don’t drive much) when people calmly and calmly crossed the road in front of the car 10-20 meters from the crossing, forcing them to slow down, and in response to the signal they indignantly pointed to the signs - they say, there is a transition, I'm in charge here!
And yet, in paragraph 14.1, pay attention to the word "unregulated". This means that if a pedestrian crossing is located at an intersection with traffic lights, then clause 14.1 DOES NOT WORK. Many people (even drivers), unfortunately, do not know this.
Now consider this situation:
Here is a diagram of a real intersection, which is located not far from our house. There are no zebras or crosswalk signs. The red arrow on the diagram is a pedestrian, the blue arrows are cars.
So there is no crosswalk. But in the SDA there is clause 13.1.: "When turning right or left, the driver is obliged to give way to pedestrians and cyclists crossing the carriageway of the road onto which he is turning."
It turns out the following picture: car No. 2 must give way to a pedestrian (according to clause 13.1), but car No. 1 does not. On the contrary, pedestrians must give way to car number 1. You should keep this in mind when crossing the road in such places.
And further. Bicycle is also vehicle. If he drives on the carriageway, he has (with regard to pedestrians) exactly the same rights and obligations as a car. And a pedestrian, accordingly, should also treat a bicycle in the same way as a car.
It will be great if you retell the above to your family members, friends and acquaintances. You can show them the diagram of the intersection and ask who should give way to whom here. I guess not everyone can answer correctly.
Let's build our behavior on the road based on the Rules, and not based on how we want.
Good luck to everyone on the road and not only.

I didn’t let a pedestrian pass, what a fine in 2017, How ...

Now let's consider situations when it is necessary to give way to a pedestrian: ... The driver must give way to pedestrians walking towards a person standing in a place ...

"Avtolikbez": how to give way on a zebra...

May 3, 2015 - On unregulated transition The motorist must give way to the pedestrian. It is to yield, not to miss, even if a person ...

SDA RF - 4. Responsibilities of pedestrians

4.1. Pedestrians must move on sidewalks, footpaths, bicycles footpaths, and in their absence - on the sidelines. Pedestrians carrying or carrying bulky items, as well as persons moving in unpowered wheelchairs, may move along the edge of the carriageway if their movement along sidewalks or shoulders interferes with other pedestrians.
In the absence of sidewalks, footpaths, cycle paths or roadsides, as well as in case of impossibility to move along them, pedestrians can move along the cycle path or walk in one line along the edge of the carriageway (on roads with a dividing strip - along the outer edge of the carriageway).
When driving along the edge of the carriageway, pedestrians must walk towards the movement of vehicles. Persons moving in wheelchairs without an engine, driving a motorcycle, moped, bicycle, in these cases must follow the direction of the vehicles.
When crossing the road and driving along the roadsides or the edge of the carriageway at night or in conditions of insufficient visibility, pedestrians are advised, and outside settlements Pedestrians are required to carry objects with retroreflective elements and ensure the visibility of these objects by drivers of vehicles.

4.2. The movement of organized pedestrian columns along the carriageway is allowed only in the direction of movement of vehicles on the right side of no more than four people in a row. In front and behind the column on the left side there should be escorts with red flags, and in the dark and in conditions of insufficient visibility - with lights on: in front - white color, behind - red.
Groups of children are allowed to drive only on sidewalks and footpaths, and in their absence - on roadsides, but only during daylight hours and only when accompanied by adults.

4.3. Pedestrians must cross the road at pedestrian crossings, including underground and elevated ones, and in their absence - at intersections along the line of sidewalks or roadsides.
On the controlled intersection it is allowed to cross the carriageway between opposite corners of the intersection (diagonally) only if there are markings 1.14.1 or 1.14.2 indicating such a pedestrian crossing.
If there is no crossing or intersection in the visibility zone, it is allowed to cross the road at a right angle to the edge of the carriageway in areas without a dividing strip and fences where it is clearly visible in both directions.

4.4. In places where traffic is regulated, pedestrians must be guided by the signals of the traffic controller or a pedestrian traffic light, and in its absence, a transport traffic light.

4.5. At unregulated pedestrian crossings, pedestrians can enter the carriageway (tram tracks) after they estimate the distance to approaching vehicles, their speed and make sure that the crossing will be safe for them. When crossing the road outside a pedestrian crossing, pedestrians, in addition, should not interfere with the movement of vehicles and leave from behind a standing vehicle or other obstacle that limits visibility without making sure that there are no approaching vehicles.

4.6. Having entered the carriageway (tram tracks), pedestrians should not linger or stop, if this is not related to ensuring traffic safety. Pedestrians who do not have time to complete the transition must stop at the traffic island or on the line dividing the traffic flows of opposite directions. You can continue the transition only after making sure that the further movement is safe and taking into account the traffic light signal (traffic controller).

4.7. When approaching vehicles with a flashing beacon on of blue color(blue and red) and special sound signal pedestrians are obliged to refrain from crossing the road, and pedestrians who are on the carriageway (tram tracks) must immediately leave the carriageway (tram tracks).

4.8. It is allowed to wait for a shuttle vehicle and a taxi only on elevated carriageway landing sites, and in their absence - on the sidewalk or roadside. In places of stops of route vehicles that are not equipped with elevated landing areas, it is allowed to enter the carriageway to board the vehicle only after it has stopped. After disembarking, it is necessary, without delay, to clear the roadway.
When moving across the carriageway to the stopping place of the route vehicle or from it, pedestrians must be guided by the requirements of paragraphs of the Rules.

What is the penalty for not allowing a pedestrian to pass? This question is asked by many motorists, who, due to their own inattention, very often do not give way to the same traffic participants. Yes, there is a fine for not allowing a pedestrian to pass and it is 1,500 rubles. More details about this will be written in this article.

The main thing

All participants in the movement must respect each other and observe traffic rules. This applies to both drivers and pedestrians. The latter should always cross the road very carefully, after looking around. After all, the situation on the roadway can unfold in the most unexpected and unpleasant way.

Last year, traffic rules were amended to give even greater benefits to pedestrians. Therefore, if the driver does not let a person pass at the crossing, then a fine will be guaranteed to him. It is also worth noting that hundreds and even thousands of people are killed and injured on the roads every year. This is due to the inattention of pedestrians and the arrogance of drivers. Therefore, participants in the movement must know the rules and try to follow them.

Innovations

The amendments made to the SDA give greater priority to foot traffic participants. Of course, for the fact that the driver accidentally splashed someone while driving through a puddle, the law does not yet punish, but if he did not provide an advantage to a pedestrian who walked across the road along a zebra, then he faces a considerable fine.

In the event that there is no crossing on the carriageway, a citizen has the right to cross it at the intersection along the line of the sidewalk and the roadside.

Since 2016, a pedestrian crossing can also be located on tram tracks. The moving car must also stop and allow the person to cross the road. The fine for not allowing a pedestrian to pass is 1,500 rubles.

In addition, other adjustments have been made to the rules since last year. For example, the expression "yield to the pedestrian" is no longer valid. Instead, a new interpretation of "give way" appeared.

Another important innovation is that earlier the driver had to stop his car and let the person pass. Now he is allowed to continue moving through the crossing without stopping, if he does not interfere with people walking across the road. Otherwise, the driver will have to pay a fine for not allowing a pedestrian to pass.

Sanctions

You should never forget that when driving along the transition, only a person has an advantage, but not a motorist. Therefore, if the latter saw people on the zebra, he must immediately give way to them.

If a frightened person began to rush about on the roadway or accelerated his steps so as not to be under the wheels of a car, we can say that the driver violated traffic rules. The fine for not allowing a pedestrian to pass at a pedestrian crossing is one thousand five hundred rubles. This punishment for violators while driving is provided for by the Code of Administrative Offenses.

In what cases is the penalty due?

A motorist will be required to pay a fine for not allowing a pedestrian to pass at a crossing if he has committed the following actions:

If innocent

The situations on the roads are different. Sometimes pedestrians themselves violate traffic rules by running out onto the road towards moving vehicles. How to be a driver in the event that he is not to blame for not letting a person through? In this case, a video recorder can help. If, nevertheless, the driver touched a citizen crossing the road along a zebra, then it would be useless to unlock, especially if the latter received minor injuries.

In the event that a motorist did not let a cyclist pass at the crossing, he can easily prove his innocence by the fact that the latter is not a pedestrian on the road. So it is written in the traffic rules. In addition, the cyclist must pick up his vehicle and move it across the road.

In order for the driver not to receive a fine for not allowing a pedestrian to pass at a pedestrian crossing, he needs to be brought to this case witnesses who will confirm the fact that the person entered the road suddenly and the motorist did not have the opportunity to stop in time. Good evidence here will be brake marks on the roadway.

Important

Of course, it is always very difficult to prove the absence of the driver's fault when hitting a person. After all, a citizen who drives a car must be aware of the fact that his transport is a danger to others and can become a source of injury. Therefore, if a motorist notices a citizen crossing the road even in an unspecified place, then he must slow down and let the last one pass. This will allow him to save himself from unpleasant consequences. Indeed, in accordance with the law, the driver who knocked down a pedestrian will be forced to compensate for the harm caused to the latter, regardless of whether he is guilty or not.

Sad turn of events

Hundreds and thousands of citizens die every year under the wheels of vehicles when crossing the road on a zebra. And even after toughening the punishment, the situation is not getting better. As a rule, in such accidents, the person who was behind the wheel is always responsible. This happens even in situations where a person suddenly stepped onto the roadway.

Here it should be noted right away that in the event that the driver simply did not give way to a citizen, thereby forcing the latter to speed up his step, such a motorist must pay a traffic police fine for not allowing a pedestrian to pass. Currently it is 1500 rubles.

If the driver knocked down a man on a zebra, but the latter did not suffer much, then the motorist will have to part with his certificate for 1.5 or 2 years. When a citizen has received serious damage or died, the transport manager may face criminal penalties.

Who will be responsible

Many car owners are interested in the question of what fine for not allowing a pedestrian to pass a person who is driving can receive? Currently, it is 1500 rubles. There is no provision for deprivation of rights in this case.

It should also be noted that SDA amendments harsher penalties for drivers. Pedestrians are generally held accountable very rarely.

If earlier overtaking was allowed at the crossing when there were no people on it, now it is prohibited in any case. Despite this, both motorists and pedestrians need to be very careful on the roadway. After all, situations are different. In addition, the mutual respect of road users for each other will help reduce the number of accidents, which means that the number of people killed will significantly decrease.

Reimbursement

It should also be noted that the driver who ran into a person can be brought to justice. civil liability regardless of their fault. This is indicated by the provisions of Article 1079 of the Civil Code. Therefore, if the victim applies to the judicial authority for compensation for harm, then the motorist will need to compensate him in full. All costs for treatment and restoration of health will be borne by the citizen who was driving.

After all, a car is a source of danger to others and, in the event of an accident, can cause irreparable harm to a person. That is why every driver should be more attentive and prudent.

Effective or not

How the adopted norms will work in practice remains to be seen. However, the situation will not change if drivers and pedestrians do not respect each other. People should not run out onto the road right in front of moving vehicles, and motorists are required to let the latter pass even in a place not designated for crossing. The situation is not entirely clear. However, the situation is such that a person can cross the road at a place where it is convenient for him if there is no crossing nearby. This situation is very alarming for many drivers. In addition, the latter are increasingly interested in the question of how much is the fine for not allowing a pedestrian to pass and is it possible to avoid it?

You will have to suffer an administrative penalty if the traffic police inspector reveals a violation by the motorist. The sanction of the Code of Administrative Offenses provides for a fine in the amount of 1,500 rubles for the deed. This punishment can be avoided if you provide evidence that the traffic rules were violated not by a person driving, but by a pedestrian. Although in practice the driver always becomes guilty, and the person crossing the road is just a victim of the wrong actions of the latter.

Today one of our tubers paid a fine for the so-called "not allowing pedestrians" (article 18.14 part 6). Perhaps the time has come to tell in detail why this is in most cases an obvious divorce from the traffic police.

Typical situation

So, the standard situation: you turned right at the traffic light, and on the opposite side of the road a pedestrian began to cross the carriageway.

Driving directions

What are they trying to blame?

A traffic police officer stops you and immediately begins to accuse:

You violated article 18.14 part 6, which reads:

Code of Administrative Offenses of the Republic of Belarus: 18.14 h. failure to provide by a person driving a vehicle, advantages in movement for a route vehicle, pedestrians, other road users -
entail a warning or a fine in the amount of one to five basic units.

And then they send you to the traffic rules:

SDA: 2.51. advantage - right of way in the intended direction in relation to other road users;

It would seem that everything, paradoxical as it may seem, but the traffic cops are right: even on a 10-lane road, you, turning right, are obliged to allow a pedestrian crossing the road from the opposite side to cross this road first, i.e. give him the right to first move. No one cares that this is stupid, pointless, that if everyone starts letting people through like this, there will be kilometer-long traffic jams on the roads - the country needs money!

As in fact, according to traffic rules

However! It is not that simple. Let's start with the fact that for the driver priority document are still the Rules of the Road, according to which he takes the exam, and not at all the Code of Administrative Offenses. Thus, when a traffic policeman starts by quoting the Code of Administrative Offenses, he simply confuses cause and effect. The driver must know and comply with traffic rules, and the Code of Administrative Offenses already regulates the punishment for violating traffic rules.

In this case, let's figure out what the traffic rules tell us about the rules for crossing intersections?

SDA: 100. When turning left or right, the driver must give way to pedestrians, crossing (crossing) the carriageway of the road (along the pedestrian crossing, and in its absence along the line of sidewalks or roadsides), on which he turns, as well as cyclists and riders crossing it, respectively, along the bike path and the path for riders.

So, traffic rules clearly and unambiguously tell us that the driver's duty in this case is to give way. Let's look at what it means to "give way":

SDA: 2.76. give way (have no advantage) - a requirement that means not to resume traffic, reduce the speed of traffic until the vehicle stops or not perform any maneuver (with the exception of the requirement to leave the occupied lane, given by the traffic controller or the driver of the operational vehicle), if it may force the other road user(s) change direction and/or movement speed;

Tell me, did the pedestrian on the other side of the road change direction or speed in any way because of your actions? Not? In that case, congratulations, you are a disciplined driver, and did everything that you are prescribed by the traffic rules in this situation.

Additional misleading

A smart traffic cop, after the above explanations, will apologize for the misunderstanding and wish you a happy journey. However, most of them "bite the bit" and try to mislead in a variety of cunning ways. I will try to list the most common ones.

1. But the Code of Administrative Offenses says "to provide an advantage in movement"!

This point has already been discussed above. When driving on the roads, the driver is guided not by the Code of Administrative Offenses, but by the SDA. This is his basic law. Otherwise, in order to obtain a license, the driver would have to pass an exam not only for knowledge of traffic rules, but also for knowledge of the Code of Administrative Offenses. The Code of Administrative Offenses is, in fact, an instruction on the amount of fines and penalties, and not a document regulating traffic on the roads. And according to the traffic rules, the driver in this case didn't break anything.

2. Our internal instructions say to stop drivers if there are less than two lanes between them and a pedestrian!

Excellent. This is your internal instruction that regulates your traffic police actions, and not at all mine, driver's. And this instruction was probably created to stop abuses on your part, so that you don’t have to bring to court every case when there are ten lanes between a driver and a pedestrian.

And even if now there were less than two lanes between me and a pedestrian, this does not mean at all that I violated traffic rules. This may cause you to stop, but this does not automatically make me guilty. So yes, thanks for the warning, of course I'll be careful.

3. The traffic rules say: "to give way", means "not to have an advantage." What does the term "advantage" mean? Give priority to movement! You violated traffic rules!

And here the GAI officers deliberately make several logical errors (which, by the way, many drivers fall for).

Yes, the term "give way" means the same thing as the term "have no advantage". Those. if somewhere in the traffic rules it says "not to have an advantage", then you need to look at this particular paragraph of the traffic rules (2.76), and not some other. As well as if it says "give way", then again you need to look at this particular paragraph of the traffic rules. And what to do if it is necessary to give way or not have an advantage, it is written clearly and clearly, in one paragraph. I'll bring it up again:

SDA: 2.76. give way (have no advantage) - a requirement that means not to resume movement, reduce the speed of movement until the vehicle stops, or not to carry out any maneuver (with the exception of the requirement to leave the occupied lane, given by the traffic controller or the driver of the operational vehicle), if this may force the other road user(s) to change direction and/or speed;

With what fright in this case does the traffic policeman suggest completely ignoring paragraph 2.76 of the SDA, instead preferring to interpret paragraph 2.51, just the other way around? It's stupidity.

4. The pedestrian has the right to preferential movement according to traffic rules!

The traffic cop is right. Chapter 4, Rights and obligations of pedestrians:

SDA: 16. A pedestrian has the right:
...
16.2. on the preferential crossing the carriageway of the road at an unregulated pedestrian crossing, as well as at an regulated pedestrian crossing at the permissive signal of the traffic controller or traffic light.

But you are not a pedestrian, you are a driver, right? And what should the driver do to ensure that the pedestrian has the right to preferential crossing of the carriageway? Chapter 3, Rights and obligations of drivers:

SDA: 9.9. give way to pedestrians at unregulated pedestrian crossings and regulated pedestrian crossings with the permission of the traffic controller or traffic light for drivers and pedestrians at the same time;

Chapter 13

SDA: 100. When turning left or right, the driver is obliged to give way to pedestrians crossing (crossing) the carriageway of the road (along the pedestrian crossing, and in its absence along the line of sidewalks or roadsides), on which he turns, as well as cyclists and horsemen crossing it, respectively, along the bike path and the path for horseback riders.

SDA: 107. When turning on the permissive signal of a traffic light, the driver must give way to vehicles completing the movement through the intersection, and pedestrians who have not completed the crossing of the carriageway.

It turns out that the pedestrian has the right to priority movement. And how is the driver obliged for his part to provide the pedestrian with his right? That's right, give way! That's all. On the part of the driver, everything possible was done to ensure that the pedestrian has his right, everything is in accordance with the traffic rules. And in fact, this paragraph about the right of a pedestrian to move first was intended to regulate controversial situations when the permissive signal lights up simultaneously for the pedestrian and the driver, so that they do not get dumb and nod at each other, who should start moving first.

5. In 2.76 it is written "if he can force", and the pedestrian could change speed or direction. So you're fine. But if he really changed speed or direction, then it would be already creating an emergency and a completely different article with different fines.

That is, it turns out that if a pedestrian who was thinking about something, crossing the road, suddenly woke up, got scared and stopped when he saw your vehicle, even if it was still 20 meters away, this is already "creating an emergency", i.e. . article 18.14 part 10?

Code of Administrative Offenses: 18.14 h.10. Actions provided for by parts 1-9 of this article, resulting in the creation of an emergency

What a terrible life. Let's see what "emergency" means.

Code of Administrative Offenses: 18.14. Note. The creation of an emergency situation in this article and article 18.23 of this Code means the actions of road users that forced other road users to change speed, direction of movement or take other measures to ensure their own safety or the safety of others.

Pay attention to the highlighted phrase. The condition for creating an emergency is the measures taken in connection with the need to ensure safety. Those. the situation "went, got scared, stopped" is not an emergency. But " if it hadn't stopped, he would have run over me" - this is already an emergency.

Therefore, if you are suddenly accused of creating an emergency, demand an investigative experiment that will show that if the pedestrian continued to move at the initial speed and direction, then his trajectory would intersect with yours. Does it intersect? You are a violator, there's nothing you can do.

Doesn't intersect? You are also a violator, but under a milder article.

The pedestrian did not change either the speed or the trajectory, but, according to the inspector, he could change it, and should you be punished for this? Hard case. Ask the inspector if he has a penis in his pants. And if there is, could he use it to rape this very pedestrian? If he could, then why not call a police squad here to escort the valiant rapist inspector to the pre-trial detention center?

By the way, this argument about "could" for you, as a driver, is the main argument why you it is better to stop in front of pedestrians in advance. Simply because if suddenly a pedestrian is really scared, then you will become an intruder.

However, punishing you for the fact that a pedestrian could theoretically stop is illegal. Otherwise, you can be punished for absolutely any item of traffic rules. After all, you could not notice the red light and drive through the intersection to the prohibition signal? Could they? Penalty means...

And one more important point when drawing up a protocol for "creating an emergency." In this case, the protocol must necessarily include the testimony of the person to whom this emergency situation was created (otherwise there is no evidence). Because usually traffic police officers are not puzzled by such "nonsense", then such protocols are then easily appealed in court, there were precedents.

Bringing it to the point of absurdity

It is very easy to double-check the fallacies of the traffic policemen's logic, bringing their demand for an advantage to the point of absurdity.

Suppose that their interpretation is correct, and you, the driver, are obliged to wait until the pedestrian exercises his right to move first, slowly crossing all 4-10 lanes across the road. Good. Consider a similar situation with an exit from a secondary road. You are leaving a secondary road, and on the main one at that time, somewhere far away on the horizon, say, a tractor is dragging along. He will reach the intersection in 5 minutes.

However, what does the cunning traffic police logic tell us there? "The driver must give way! To give way means not to have an advantage! Not to have an advantage means to give the right to priority traffic!" It turns out, according to their logic, when you leave a secondary road, you are obliged to wait until this tractor passes this intersection first? And then all the other cars, did they drive along the same road?

It's absurd. And it rolls, drivers meekly pay fines ...