Experts find ambiguities and flaws in the law on reckless drivers – RBK

Shkumatov also noted that the law applies only to a small part of violators. “In order to fall under this law, you need to get caught in an oncoming lane or with an excess of 60 km / h, having already been deprived of the right to drive for a year. This is completely inadequate, thank God, there are not many of them, ”he said.

At the same time, according to Shkumatov, there is an inaccuracy in the law: it is not specified whether the driver was deprived of his driver’s license at the time of the violation or at all. Ambiguity of interpretation can lead to criminal prosecution of those who were deprived of their rights, managed to get them again and then commit a violation, the expert noted.

“And this is not entirely fair: in our country almost any race beyond the continuous marking line is considered to be driving into an oncoming lane. Sometimes the markings are so intricate and so strange that almost all drivers become violators. It is necessary for the judicial system and the Supreme Court to find out what the deputies had in mind, ”Shkumatov said.

In general, fines are an effective measure, “if they are collected carefully,” Pokhmelkin noted. “The problem is not in the severity of the punishment, but in its inevitability,” he concluded.

The law on criminal liability for drivers who repeatedly violated traffic rules and were stripped of their driver’s license entered into force on December 10. Now Art. 264.2 (violation of traffic rules by a person subjected to administrative punishment and deprived of the right to drive vehicles). The punishment will apply only if a violation is recorded by a traffic police officer.

Those who were deprived of their license for speeding by 60 km / h or more, or for going into the oncoming lane or oncoming tram tracks more than twice, will receive a fine of 200-300 thousand rubles.

Violators can also face up to two years in prison. If the convicted person under the new article breaks the law again, the court can increase the prison term to three years with the deprivation of the right to hold certain positions up to six years.