Елена Самтынова
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Житель Самарской области постановлением инспектора ДПС признан виновным в нарушении правил маневрирования (ч. 3 ст. 12.14 КоАП) с назначением штрафа в размере 500 руб. Данное решение водитель безуспешно обжаловал в судебных инстанциях. Однако Верховный Суд Российской Федерации посчитал, что доводы жалобы являются обоснованными по следующим основаниям.
Как следует из постановления Верховного Суда РФ от 19 декабря 2019 года по делу № 46-АД19-27, признавая заявителя виновным в совершении административного правонарушения, предусмотренного ч. 3 ст. 12.14 КоАП РФ, должностные лица и судебные инстанции исходили из того, что управляя ТС он выехал на главную дорогу с прилегающей территории, не уступив дорогу ТС, движущемуся по ней (п. 8.3 Правил дорожного движения (далее – ПДД), в результате чего произошло столкновение ТС.
Между тем Верховный Суд РФ отметил, что ни должностными лицами ГИБДД, ни судебными инстанциями не были приняты во внимание доводы заявителя, которые им приводились на всех стадиях рассмотрения дела, о том, что второй участник ДТП двигался по обочине в нарушение п. 9.9 ПДД и преимущественного права проезда не имел. Данное обстоятельство подтверждалось приложенной заявителем к жалобе копией постановления о привлечении к административной ответственности второго участника ДТП по ч. 1 ст. 12.15 КоАП РФ за движение по обочине.
Верховный Суд РФ со ссылкой на п. 14 Постановления Пленума Верховного Суда РФ от 25 июня 2019 года № 20 «О некоторых вопросах, возникающих в судебной практике при рассмотрении дел об административных правонарушениях, предусмотренных главой 12 Кодекса Российской Федерации об административных правонарушениях» подчеркнул, когда преимущественное право на первоочередное движение ТС в намеченном направлении по отношению к другим участникам дорожного движения возникнуть не может. Так, водитель ТС, движущегося в нарушение ПДД по траектории, движение по которой не допускается (например, по обочине, во встречном направлении по дороге с односторонним движением), либо въехавшего на перекресток на запрещающий сигнал светофора, жест регулировщика, не имеет преимущественного права движения, и у других водителей (например, выезжающих с прилегающей территории или осуществляющих поворот) отсутствует обязанность уступить ему дорогу.
На основании исследованных доказательств в полном объеме Верховный Суд РФ пришел к выводу, что решения инспектора ДПС и судов о нарушении автором жалобы п. 8.3 ПДД и наличии в его действиях состава административного правонарушения, предусмотренного ч. 3 ст. 12.14 КоАП РФ, являются необоснованными, так как второй участник дорожного движения не имел преимущественного права проезда нерегулируемого перекрестка.
В этой связи жалоба заявителя была удовлетворена, все решения по делу отменены, а производство по делу прекращено.
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