LEGAL TREATMENT AND TECHNICAL EVALUATION OF DRIVER’S ACTIONS WHEN PERFORMING OVERTAKING IN NIGHT TIME
The urgency of the investigated problem is caused by the necessity to regulate the driver's actions when performing a collision at night, which allows to evaluate his actions objectively.The article is aimed at legal treatment and technical assessment of the actions of the driver, proceeding to carry out a maneuver «overtaking» at night, in case of a collision with an object not properly marked.This problem is solved by analyzing the current requirements of Russian and international legal norms regulating the actions of the driver in the traffic situation under study.A calculation has been made showing the need to analyze the technical feasibility of preventing a collision on an object that is not properly marked. This makes it possible to exclude the unjustified conviction of the driver, which has started the maneuver performance of overtaking in nighttime. In order to ensure safety at performing of the«overtaking» maneuver, it is proposed to make a number of changes to the Traffic Rules of the Russian Federation. In particular, to exclude in the point 11.1 of the Rules the combination of requirements not to create hindrances and danger to other participants of the movement, preserving only the requirement not to create danger.The results of the research have the applied nature and can be used by practicing auto experts for the auto technical expertise in order to obtain objective data on the performance by drivers of the requirements of traffic rules when performing a maneuver «overtaking» at darkness.