Supreme Court explains controversial overtaking rules

On the highway, a situation may arise that the driver is practically unable to foresee. The car has already entered the oncoming lane, overtaking a long truck, and at that moment a solid line becomes visible from behind the truck. Only seconds remain to make a decision, and a free and at the same time safe option may simply not be available.

Over the past few years, the Supreme Court has considered several controversial issues related to overtaking. Some of them have been clarified, but the problem of a suddenly appearing solid line during a maneuver still remains one of the most unpleasant for motorists.

“Train” overtaking is not prohibited per se

The situation where several cars sequentially enter the oncoming lane to overtake one slow vehicle has long caused disputes with inspectors. However, such an overtake is not a violation in itself.

Traffic rules do not contain a direct prohibition on simultaneously overtaking several vehicles. The driver is not required to return to their lane after each overtaken vehicle.

The problem arose due to clause 11.2 of the Traffic Regulations, which prohibits overtaking a vehicle that is already overtaking. Inspectors often interpreted this provision broadly. As a result, drivers received citations and then went to court.

The penalty for such a violation can be 5,000 rubles or deprivation of rights for a period of four to six months. In case of a repeated violation, the driver risks losing their license for a year.

At the same time, the scheme itself indeed requires caution. The rear car in the column may practically not see the road ahead. But there is also a downside: if everyone overtakes strictly one by one, the last car risks waiting until the broken markings end and a solid line appears.

The meaning of clause 11.2 is precisely different. Overtaking a car that is currently in the process of overtaking is prohibited. If the car ahead is far away and is not performing such a maneuver, the prohibition does not apply.

Back in 2019, the Supreme Court effectively put an end to this dispute. Double overtaking is prohibited – a situation where a car simultaneously overtakes an already overtaking car and the vehicle it is overtaking.

Where “train” overtaking is especially dangerous

The permissibility of a maneuver does not mean that it should be performed in any situation.

On a long ascent or descent, the road visibility can be quite good. In addition, if the second car in the column is a tall SUV, it can provide the driver with better visibility of what is happening ahead.

However, with any group overtaking, it is necessary to leave a margin for an unforeseen situation.

It is useful to remember three basic rules:

if there are doubts about the safety of the maneuver, it is better to refuse to overtake;
it is necessary to maintain distance and space for maneuvering;
the escape route should be assessed in advance, especially on a highway with barriers.

The last point is especially important: if an obstacle arises ahead, there may be no space to return to your lane.

Experienced truck drivers sometimes use their own signals. For example, a truck's left turn signal may mean that the oncoming lane is occupied and you should not overtake. A right signal, on the contrary, may indicate a clear road.

But you cannot rely on such a signal as a guarantee of safety. Truck drivers also make mistakes. There is a known case when a long-haul driver showed a right turn signal, but the oncoming lane turned out to be occupied, and the car miraculously avoided a collision.

The most dangerous situation is when a solid line appears during overtaking

The situation with completing an overtake is completely different. If a driver crosses a solid line to return from the oncoming lane, it is still considered a violation.

The Supreme Court confirmed this approach.

The problem is that the driver is not always able to see the markings in advance. It is especially difficult to do this when overtaking a long truck, which blocks a significant part of the road. Signs can still be noticed at a distance, but a solid line can remain hidden until the last moment. At night, the situation becomes even more complicated.

Driving into the oncoming lane across a solid line is punishable by a fine of 7,500 rubles or deprivation of rights for four to six months. In case of a repeated violation, the period of deprivation can be one year.

Formally, everything looks unambiguous: the driver must ensure in advance that the maneuver is safe and must not cross a solid line. But in practice, a paradoxical situation arises.

Imagine: the car is already next to the truck. A solid line is found ahead. It is impossible to return to the right – there is a truck. Braking sharply is also dangerous, as you can lose control of the car.

Continuing to drive in the oncoming lane is not allowed due to traffic regulations. But crossing a solid line when returning is also formally a violation.

In such a situation, an attempt to stop sharply or perform a sudden maneuver can be more dangerous than crossing the line by a few centimeters. Therefore, the main thing is not to panic and make sudden movements.

What evidence can help in court

It is possible to challenge the penalty for completing an overtake across a solid line, although a positive outcome cannot be guaranteed.

Two circumstances related to road organization requirements may be important here.

Firstly, according to GOST, the "No Overtaking" sign must be duplicated on the left side of the road, on the oncoming shoulder.

Secondly, before a solid line, there must be a warning elongated broken marking. It appears approximately 50–100 meters before the transition to a solid line and should warn the driver in advance about the approach of the prohibited line.

The problem is that 100 meters is only about four seconds of driving. In addition, not every driver knows that a change in the length of the broken marking has a warning meaning.

Nevertheless, the presence or absence of such elements can become an important circumstance when considering the case. If there is no mandatory duplicate sign or the warning marking is made with a violation of the established length, this is already a question of compliance with GOST.

Therefore, a video recording from a dashcam can be one of the main pieces of evidence. If necessary, the driver can also independently check the distance to the markings – for example, using a regular tape measure.

The Supreme Court specifically emphasized that ensuring road safety is primarily the responsibility of the state. Therefore, the condition of the road and the compliance of its elements with established requirements can also be important when analyzing a controversial situation.

Markings do not cancel the effect of the sign

Another common trap is related to road signs.

A driver may see a broken line, consider overtaking permitted, and only after the maneuver find out that a 3.20 "No Overtaking" sign was installed long before that.

Such a sign is valid until the nearest intersection or until the end of the populated area. The distance can be significant.

At the same time, a broken marking itself does not necessarily permit overtaking. It may be provided, for example, for making a left turn, while the previously installed sign continues to prohibit overtaking.

The rule here is simple: the sign has priority over the markings. There is no contradiction in this case – this is exactly what the rules provide.

There is, however, an exception provided by the sign. In the area of action of 3.20, with broken markings, overtaking is allowed for:

slow-moving vehicles;
horse-drawn carriages;
bicycles;
motorcycles without a sidecar.

There are no such concessions for trucks.

Do not forget about temporary road signs on a yellow background. They have priority over permanent signs with a white background.

Therefore, at the slightest doubt, it is safer to abandon the maneuver and wait for a place where the restrictions definitely end.

Repeated violations can lead to a criminal case

The consequences of systematically ignoring overtaking rules can be much more serious than a simple fine.

If a driver has already been penalized for an overtaking-related violation, then committed a new violation, was deprived of the right to drive, but again got behind the wheel and again violated the rules, the situation can move from the administrative to the criminal plane.

In such a case, it can be not only about a fine. Punishment up to two years of imprisonment is provided.

There is another extremely serious consequence – confiscation of the vehicle. And we are talking not only about a car. A truck, motorcycle, tractor, and even a powerful electric scooter can be taken away.

Therefore, the main conclusion from all controversial overtaking stories is quite simple: if the maneuver cannot be safely calculated in advance, it is better to abandon it. On the highway, a few saved seconds are not worth an accident, or deprivation of rights, or even a criminal case.