The draft law on introducing the concept of average speed into the SDA has passed public discussions
Since March 1, 2024, the concept of average speed and the need to comply with it will be added to the SDA. The relevant draft government resolution has passed the stage of public discussions. The next stage will be the introduction of fines
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The draft resolution on amendments to the traffic regulations for the official introduction of the concept of average speed in Russia has passed the stage of public discussions on the Federal Portal of draft regulatory Legal Acts. The author of the document was the Ministry of Transport of Russia, the co-executor is Rosavtodor. If the amendments are adopted, the changes will come into force on March 1, 2024: we understand what the average speed is, why fines for non-compliance with it were canceled and when they will appear again.
How the concept of average speed will be written in the traffic regulations
The definition of the average speed of a vehicle in traffic regulations will sound as follows: “a value equal to the ratio of the length of the road section with the established speed limit of vehicles to the time taken by the vehicle to overcome this section”.
Also, motorists in the traffic regulations will be separately obliged to observe not just the set speed, but also the average. So, in paragraph 10.1. of the rules, the phrase “The driver must drive the vehicle at a speed not exceeding the established limit” will be supplemented with the words “including the average”.
One of the goals of approving the concept of average speed, according to the documents, was to “reduce the risk of accidents associated with speeding. Improving road safety, especially in sparsely populated areas.
How will the average speed limit be calculated and when will they start fining
According to the response of the press service of the Ministry of Transport of Russia, the average speed is determined by the ratio of the distance traveled to the time spent. Traffic cameras will calculate it. The ministry noted that all cameras of photo-video recording, which are used within the framework of the state control, are measuring instruments and record the date and time of the event.
Calculation of the average speed will be provided by separate software based on data from cameras at the beginning and at the end of the controlled section, the Ministry of Transport said. At the same time, it is proposed to consider the place of installation of the last camera with which the violation was detected as the place of commission of the violation. Thus, the fixation will be considered to be carried out at a specific point on the territory of a particular subject.
According to the explanations of the Ministry of Transport, after the project enters the siu, the next step will be to determine the rules of fixation and administrative responsibility. They noted that the corresponding draft will be submitted to the State Duma in the prescribed manner after the adoption of amendments to the traffic regulations. So far, the Ministry of Transport does not talk about the possible size of fines, but experts who participated in the discussion of the project believe that the punishment will remain the same as for exceeding the “instant” speed. That is, for example, 500 rubles for exceeding 20-40 km/h, 1000-1500 rubles for exceeding 40-60 km/h, etc.
Cameras will have to outweigh
That operators and developers of traffic cameras are preparing for the return of fixing the average speed on the roads Autonews.ru told the head of the company “Astralab” (specializes in the development and installation of complexes) Sergey Laskin.
“We are all waiting for this issue to be resolved. First , fixing the averagespeeds were not allowed everywhere, then after the resolution of the Plenum of the Supreme Court, this fixation was canceled. Then she reappeared semi-legally and fines were issued. And now everything is going to the fact that the fixation will be launched soon. For motorists, this will be a serious test. The whole stretch of road will have to go at the same speed,” Laskin said.
He noted that now data on new cameras quickly appear in electronic navigators and special applications, but in the case of fixing the average speed, according to the expert, they will no longer help drivers avoid a fine for speed.
“Now drivers, using applications, can slow down in front of the camera and accelerate again after it. It won’t work that way now. All areas controlled by such cameras will have to travel at the same speed. But on such roads there should be one entrance and exit and one speed limit. So, if the speed limit will jump from 60 km/h to 90 and back, then it is strange to consider this speed. Some of the cameras will have to be outweighed. Motorists will have to be as attentive as possible and take their time to avoid fines, Laskin warned.
Why did they cancel fines for average speed in general
Fines for average speed in Russia began to be issued in 2013. No changes were made in the legislation to introduce such a fixation. Fines were issued according to the usual article of the Administrative Code for exceeding the average speed. However, in 2019, a motorist who received such a fine reached the Supreme Court in the hope of canceling it. So, in the lens of the camera “Boomerang VS0001/17-8”, measuring the average speed, the driver Nikolai Bausov on his Volkswagen Tiguan got traveling in the Smolensk region on August 17, 2018. The cameras photographed him in the period from 19:05 to 19: 41 on the section from the 297th km (Safonov city) to the 226th km (Vyazma city) of the M-1 highway “Belarus” in the Smolensk region.
Between the cities of Safonovo and Vyazma, the speed was measured between two cameras of the “Boomerang” type: the system calculated an excess of 25 km/h (115 km/h instead of the prescribed 90 km/h). The traffic police issued a resolution indicating the place of the offense, a road section with a length of more than 70 km (226 km). Bausov complained about the unreasonableness of the decision first to the Vyazemsky District Court of the Smolensk region, then to the Smolensk Regional Court, but could not cancel the fine. In 2019, the driver appealed to the Supreme Court and he sent the case back to the lower instance for consideration. And the decision of the Supreme Court was the reason for the termination of this type of fixation
As indicated in the decision of the Supreme Court, the car could move along a different route. “That is, having passed the first video recording camera without exceeding the speed limit, the applicant could proceed to another section of the road (bypass road, understudy) and enter the highway in front of the second video recording camera, which he drove without exceeding the set speed,” the document says. — Part of the time the vehicle could not move (be parked), and the section of the highway between the installed cameras could be overcome at a higher speed than specified in the resolution. All these versions were not checked and evaluated by the courts. The Supreme Court also pointed out that in such rulings there is no indication of the exact time and place of the offense.
Why do we need these changes
The changes proposed by the Ministry of Transport, as noted by the Association of Manufacturers and operators of recognition and photo-video recording systems, will allow taking into account the position of the Supreme Court. “The place of commission of the offense will be the location of the second complex of photo-video fixation. Also, according to the second complex, the time of the violation will be determined, “the Eye” believes.
They added that from a technical point of view, there are no obstacles to resuming the control of average speed on the roads and the control methodology will not have to be changed. So, as the operators explained, the measurement technology consists in using two synchronized photovideofixation complexes on one segment of the path, which recognize the license plate number of the car and the exact time of travel at the beginning and at the end of the controlled section. At the same time, the complex located at the end of the section calculates the speed at which the car overcame it. In photovideofixation complexes, which record the so-called “instantaneous” speed, measurements occur exactly the same way.
“In general, if we measure the speed of a vehicle on a road section, then its speed will always be “average”, but there is no “instantaneous” speed, because the speedThe value is dynamic, measured exclusively on the segment of the path, which, according to the formula, is divided by the time it took the car to overcome this distance, the association said.
Simply put, as the experts explained, both before and after the adoption of the amendments of the Ministry of Transport, the violation of the speed limit was detected by calculating the same “average” speed. The difference is only in the length of the controlled area and the number of photovideofixation complexes taking part in the measurements. That is, single cameras also measure the average speed, but on a very small segment of the path, for example, one meter. When using the average speed control method, this distance is equal to hundreds of meters.