Deputy from Yamal explained the refusal of fines for dangerous driving

On November 10, the State Duma rejected a bill to introduce a separate punishment for dangerous driving. As explained by the Deputy Chairman of the State Duma Committee on Criminal and Administrative Legislation, Deputy from Yamal-Nenets Autonomous Okrug Dmitry Pogorely, the document did not contain clear criteria for violation. Because of the vague wording, even drivers who made a forced maneuver could be punished.

The main reason was the legal uncertainty of the term “dangerous driving”. The concept was enshrined in the traffic rules in 2016, but for eight years there were no clear, formalized criteria. The wording remained too broad, and in administrative law the objective side of the offence must be described unambiguously. When the criteria are blurred, the burden of proof is actually shifted to the driver, the MP said.

For example, emergency braking in front of a pedestrian running into the road inspector or camera may be mistakenly regarded as a violation. For hooliganism on the road is already criminal liability.

At the same time, there is already a working mechanism with deliberate hooliganism on the road - Article 267.1 of the Criminal Code of the Russian Federation. Judicial practice on it is actively developing, autohams are brought to criminal responsibility. Sanctions here are tougher than the bill proposed: a fine from 150 thousand to 300 thousand rubles or imprisonment for up to 2 years, Pogorely added.

Recently in Noyabrsk after the publication of the video in social networks punished the driver who arranged dangerous maneuvers at the intersection of Lenin and Dzerzhinsky streets. Employees of the State Traffic Inspectorate identified the violator and drew up five administrative protocols on him.