You are in the middle of overtaking. May you cause an accident in this situation?
Show the correct answer
Correct answer
YES
Explanation
In the photo you are driving on a forest road behind a car that is stopping before a level crossing marked with sign B-20 "STOP" and a St Andrew's cross. If you started overtaking it now, you would drive onto the tracks without stopping and without a view of them, hidden by the car you are overtaking - a collision with a train could easily happen. The answer is: yes.
The Road Traffic Act prohibits overtaking on a level crossing and immediately before it, and before a crossing with a STOP sign it requires you to stop and make sure that no train is approaching. The driver in front of you is doing exactly what they should; by overtaking them you would break both rules at once. You wait behind them and move off when they have crossed and you have checked the tracks in both directions yourself.
Legal basis: Art. 28 para. 1 and para. 3 point 3 of the Road Traffic Act (Prawo o ruchu drogowym); § 21 para. 4 of the Regulation on road signs and signals