The State Duma Committee on Prohibitions proposed rejecting the bill to classify dangerous driving as a separate administrative offense, which was adopted two years ago in first reading.
The conclusion shows that the committee previously addressed the government with a proposal to clarify the definition of dangerous driving in the traffic rules, but the required changes were not made. The committee also did not accept amendments to cancel the comments.
The concept of dangerous driving is anchored in section 2.7 of the 2016 traffic rules. It includes several types of behavior: for example, not keeping a safe distance.
Laterally spaced, .
Unreasonable sudden braking.
Prevention of bypassing, etc.
Here the question of proof arises: where does a normal traffic offense end and dangerous driving as an independent offense begins?
For example, the driver changed lanes several times in a heavy load. This in itself is not necessarily dangerous driving. The totality of the circumstances and the threat set forth in the definition in the traffic laws must be met.
Violation of the rules for changing lanes, failure to meet the requirements for the location of the vehicle on the road and other violations can be classified according to the current sections of Chapter 12 of the Administrative Code.
With the introduction of draft section 12.38, the question arises: Is it possible to punish a driver at the same time for a certain maneuver and for dangerous driving, of which this maneuver has become a part?
Here it is important to take into account part 5 of section 4.1 of the Law on Administrative Offenses: administrative responsibility may not be imposed twice for the same offense.
This became the fundamental argument for the rejection of the bill that was passed two years ago in the first reading.
Well, that's it.