To get information "from the horse's mouth," we turned to the law firm "Safir Consulting Group" for comments. During the interview, we tried to clarify the issues that concern car owners the most.
AutoPortal: What specific traffic violations are covered by photo and video recording?
- Exceeding the speed limit;
- Driving through a prohibiting traffic light signal;
- Driving on sidewalks or pedestrian zones, which is prohibited for vehicles;
- Driving into the oncoming lane;
- Violating the rules for crossing railway crossings.
Logically, the question arises: what to do if the driver had no choice but to violate the rules? For example, they had to drive onto the sidewalk to avoid an accident, or brake sharply because of a dog running out or a car cutting them off. How to act in such situations?
Safir Consulting Group: The answer to this question has long been embedded in the current provisions of Articles 17 and 18 of the Code of Ukraine on Administrative Offenses. According to the Code, a person who acted under conditions of extreme necessity is not subject to administrative liability.
Even if the Code or another law directly provides for punishment for a specific action, it will not be considered an offense if it was committed to prevent a threat to state or public order, property, the rights and freedoms of citizens, or the established order of governance. The main condition is that this danger, under the circumstances, could not be eliminated by any other means, and the damage caused was significantly less than the harm that was avoided.
To be released from liability, a person must prove the presence of all three conditions: first, the goal was lawful (saving life, health, property, avoiding a collision); second, there were no other ways to avoid the danger; third, the prevented harm turned out to be greater than the harm caused (for example, when saving a life or health, someone else's car was scratched).
AutoPortal: Recent legislative changes suggest that driving in a column of more than 5 cars without special permission could lead to problems. Does this mean that funeral processions and wedding corteges are now prohibited? What should drivers do if the traffic police want to fine them for participating in such columns?
Safir Consulting Group: If we proceed from the literal meaning of the new part 5 of Article 122 of the Code of Ukraine on Administrative Offenses, then driving a group of more than five cars without prior coordination with the traffic police can indeed be considered a violation. Since the practical nuances are not yet clear, it can be assumed that traffic police officers, when determining the signs of a column, will focus on the number of cars and the synchrony of their movement. Wedding corteges and funeral processions with more than five vehicles will meet these criteria. Therefore, without the appropriate permission, their participants may become subjects of this offense. As for the behavior of drivers who are being fined for unauthorized driving in a column, at the moment the recommendations can only be reduced to denying the very fact of driving in a column. As arguments, one can use compliance with the established distance and the impossibility of overtaking in a dense flow of cars ahead.
AutoPortal: Much discussion was caused by the norm according to which car owners will have to prove themselves that they were not driving at the moment the violation was recorded. Some lawyers refer to the Constitution and the presumption of innocence. However, in the new Law, responsibility is placed on the vehicle owner, even if they were not driving! The owner has 10 days from the moment of receiving the resolution to appeal it. But how can one generally prove their non-involvement?
Safir Consulting Group: You can confirm that the owner was not driving, for example, with the help of a power of attorney for driving the car issued to another person. In other situations, evidence can include a certificate from the place of work confirming presence at the workplace, a certificate from a medical institution about undergoing inpatient treatment or a doctor's consultation, marks in the international passport about crossing the border, and the like.
Conclusions
At the moment, all adopted laws can be called "raw." They clearly require refinement. Only after amendments are made will it become clear how to legally confirm that you were not part of a column or were at home when your car was allegedly recorded for a traffic violation.
