Where do traffic police officers have the right to stand?

Can a traffic police inspector stand anywhere, and a special operation cause a stop?

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Quite often, traffic police officers and law enforcement officials in general, when stopping drivers, refer to the “Interception” plan and various special operations. AutoPortal found out whether their actions are legal and what drivers need to know.

What powers do representatives of law enforcement agencies have when conducting an “Interception”, and are they required to show the relevant papers? Lawyers from the Safir Consulting Group company told us.

About the Interception plan

Carrying out Operation Interception gives law enforcement officials the right to stop a car. Moreover, not only traffic police officers can do this, since “when performing tasks to protect public order, public safety and fight crime, other employees of internal affairs bodies, military personnel of internal troops, etc. may be involved.”

During special operations, not only traffic police officers, but also other law enforcement agencies can stop a car.

According to the Instructions on the activities of the traffic police departments of the State Traffic Inspectorate of the Ministry of Internal Affairs, traffic police officers have the right to stop and inspect vehicles and check documents in cases provided for by law . These rights of traffic police officers are enshrined in clause 7.3. Instructions on the grounds for stopping vehicles. Based on this, we can conclude that the legality of inspecting a car “in cases provided for by law” will be argued by such employees precisely by the presence in the Instructions of one or another basis for stopping a car (despite the imperfection of the wording of such a basis for inspection).

As for the documents that are the basis for stopping a car, you should ask the person who stopped you for an order/orientation created in connection with a special operation, since the document provided will serve as evidence for the legality of such a stop.

You should ask the person who stopped you for an order/orientation created in connection with the special operation

In what cases can a traffic police inspector stand in the middle of the road?

The editors of AutoPortal have repeatedly received letters asking for clarification on whether state traffic inspectors can stand on the roadway wherever they want. In particular, Alexey Musienko described the incident that happened to him as follows:

“The traffic cop was standing right in the middle of the pedestrian crossing (near the checkpoint), between the rows. As a result, a real traffic jam formed. Having approached closer, I suggested to the traffic police officer to lie down at the crossing, after which his colleague, who was catching speed violators, stopped me after a few kilometers and began checking everything (from documents to the contents of the first aid kit), citing some kind of operation. Question: can traffic police inspectors stand at crossings and other “disputed” places? Do I, as a driver, have the right to make a comment or call the helpline? What punishments can an inspector bear?”

A traffic police officer can stand in such a way as not to create emergency stops or obstacles in traffic

Lawyers answer:

According to clause 12.4. Instructions on the activities of the road patrol service units of the State Traffic Inspectorate of the Ministry of Internal Affairs, foot patrols are permitted in order to ensure road safety in short-length, high-intensity and unsafe sections of the road network (except for state highways), at stationary posts, in populated areas, when performing administrative and regulatory actions and when ensuring special events.

If an inspector interferes with the movement of vehicles, you can reprimand him or try to complain about him to the trust service

A traffic police officer must choose a place of duty in such a way as to be able to timely record and stop administrative offenses in the field of traffic without creating emergency stops or obstacles in traffic.

If these rules are violated, comments are not prohibited (of course, if they are expressed in the correct form). You can also call the helpline . But you should not hope that the inspector will suffer serious punishment (a reprimand or removal from official duties). According to lawyers, the most likely outcome of an internal investigation necessary to apply disciplinary sanctions to an employee (if such an internal investigation is carried out) will be an oral or written reprimand (unless, of course, the employee’s actions did not cause an accident or significantly affect the rights of participants traffic in any other way).

Drawing conclusions

If a traffic police inspector or other law enforcement representative stops you and refers to the conduct of any operation, demand the presentation of an order/orientation, which is evidence for the legality of such a stop. As for cases when a traffic police inspector stands in the middle of the road or is clearly obstructing the movement of traffic, you can reprimand him or try to complain about him to the trust service. But it is unlikely that he will suffer any punishment.

Legal service. Stopped by a traffic police officer

We decided to slightly modernize our good old series “Traffic Police - Sharing Useful Tips” and again turn to the topic of road literacy - there have been a lot of changes in legislation, and it wouldn’t hurt to repeat what we’ve covered. Here, in the “Legal Service” section, there is only the latest information from competent sources, as well as a function for feedback from readers - if something is left behind the scenes or is not completely clear. So, let's go. according to the Rules, of course.

We are all fined little by little for something and somehow. Almost every time a traffic police officer waves a gesture in front of the windshield, I cringe inside. It’s funny because not every one of us is a lawyer and knows how an inspector should behave, when he has the right to stop, for what, in what cases and how to behave with him. In general, it’s because of a lack of legal information. How long? To fill this annoying gap, we are launching a “Legal Service” section on Karobka, in which competent lawyers will share with you their advice and experience regarding communication with traffic police officers, behavior during accidents, violation of your motorist rights and methods of resolution legal justice.

The inspector stops you.

The traffic police inspector is always right. But in fact, not always. To know exactly when exactly, we asked Samara lawyer Olga Vostrova to answer questions that every car enthusiast has thought about at least once, but was perhaps afraid to ask. We started with something simple. Stop by a traffic police officer: legality, your and his rights and obligations.

By the way, you can send your questions to [email protected] or leave them in the comments to this material.

Where do traffic police officers have the right to stop? On what grounds? Where do they not have the right to stop? How should they stop? Do you have to introduce yourself?

According to clause 63 of the ADMINISTRATIVE REGULATIONS OF THE MINISTRY OF INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION FOR THE EXECUTION OF THE STATE FUNCTION OF CONTROL AND SUPERVISION OF COMPLIANCE BY ROAD TRAFFIC PARTICIPANTS WITH REQUIREMENTS IN THE FIELD OF ENSUREING ROAD SAFETY ZHENIYA, approved. ORDER OF THE MINISTRY OF INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION dated March 2, 2009 N 185 (hereinafter referred to as the Administrative Regulations), the grounds for stopping vehicles are:

• signs of violations of road safety requirements identified visually or recorded using technical means;
• availability of data (orientations, information from the duty officer, other squads, road users, visually recorded circumstances) indicating the involvement of the driver and passengers in the commission of a traffic accident, crime or administrative offense;
• availability of data (orientations, information from operational reference and search records, information from the duty officer, other squads, road users) about the use of the vehicle for illegal purposes or grounds to believe that it is wanted;
• the need to interview the driver or passengers about the circumstances of the commission of a traffic accident, administrative offense, crime of which they were or are eyewitnesses;
• the need to involve a road user as a witness;
• implementation of administrative and regulatory actions;
• the need to use a vehicle;
• the need to involve the driver to assist other road users or police officers;
• carrying out, on the basis of administrative acts of the heads of internal affairs bodies and management bodies, special measures related to the inspection in accordance with the goals of the relevant special measures of vehicles, persons moving in them and transported goods;
• verification of documents for the right to use and drive a vehicle, documents for the vehicle and the cargo being transported, as well as documents proving the identity of the driver and passengers (only at stationary traffic police posts).

It should be noted that stopping a vehicle is classified as an administrative procedure by the Administrative Regulations.

In accordance with paragraph 82, to check documents, you can stop a vehicle only at stationary traffic police posts. However, it is also possible to stop outside a stationary post, but only if the driver violates the requirements in the field of road safety, in case of orientation or instructions in accordance with the purposes of special events.

What is considered a stationary post? The concept of a stationary traffic police post is not clearly defined in the current legislation and can be derived from clause 14 of the Administrative Regulations: “The concept of a stationary traffic police post also includes a police control post and a checkpoint.”

According to paragraph 64 of the Administrative Regulations, a request to stop a vehicle is made using a loud-speaking device or a hand gesture, if necessary using a rod or disk with a red signal (retroreflector) directed at the vehicle. In this case, to attract the attention of road users, an additional whistle signal, special light and (or) sound signals can be used. When such signals are given, the location where the vehicle will stop must be indicated.

In accordance with paragraph 67 of the Administrative Regulations, having stopped the vehicle, the employee must immediately approach the driver, introduce himself, briefly state the reason for the stop, and state the requirement for the transfer of documents necessary for verification or registration of the offense. Introducing yourself in this case means giving your position, special title and last name. In addition, when stopping a vehicle or pedestrian, the employee, at the request of this driver or pedestrian, is obliged to present an expanded service ID without letting it go (clause 20 of the Administrative Regulations).

What violations can traffic police inspectors commit during a stop or during communication or drawing up a protocol, which can then be referred to when appealing? What should you do if the report is issued incorrectly, if something is attributed to the driver that he did not do?

When drawing up a protocol on an administrative offense, it is important to pay attention to the following. The contents of the protocol on an administrative offense are contained in Art. 28.2 Code of Administrative Offenses:

• date and place of drawing up the protocol on the administrative offense;
• position, surname and initials of the person who compiled the protocol;
• information about the person against whom a case of administrative offense has been initiated;
• last names, first names, patronymics, residential addresses of witnesses and victims;
• place, time of commission and event of the administrative offense;
• an article of this Code or a law of a constituent entity of the Russian Federation providing for administrative liability for this administrative offense;
• explanation of the individual against whom the case was initiated
• and other information necessary to resolve the case.

If you disagree with the contents of the protocol, it is necessary to reflect this in it, namely as an explanation by the person against whom the case was initiated. If diagrams and drawings were not drawn up, it is also necessary to make a note about this in the explanations. If, nevertheless, a diagram is drawn up, it is also necessary to indicate “I do not agree” on it.

It should be remembered that the Code of Administrative Offenses does not impose a requirement on a witness to be disinterested in the outcome of the case, unlike attesting witnesses, experts, etc. (Article 25.6), therefore the requirement to indicate passengers in the protocol as witnesses is lawful.

If you agree with the violation, instead of a protocol, a receipt will be drawn up. Of course, this does not mean that it cannot be appealed. There is a chance if it was issued by an official who does not have the right to consider this offense.

In case of disagreement with an already drawn up resolution, it is necessary to make a note of disagreement in any free space.

It should not be forgotten that in accordance with Art. 30.3 of the Code of Administrative Offenses, a complaint against a decision in a case of an administrative offense may be filed with a higher authority, a higher official, or the district court at the place of consideration of the case within ten days from the date of delivery or receipt of a copy of the decision.

6 places where the traffic police inspector has no right to stop you

The actions of traffic police officers are clearly regulated by special administrative regulations of the Ministry of Internal Affairs.
It, in particular, states on what basis a traffic police inspector can stop you and where he has the right to do this. If previously a traffic cop could stop a driver to check documents only at a stationary checkpoint, now this restriction has been lifted. Moreover, stationary traffic police posts have practically disappeared from Russian roads. Due to the fact that they were replaced by mobile traffic police crews, they can stop drivers anywhere. But there are still limitations.

According to the regulations, the inspector must stop the car, guided by the Traffic Rules. Thus, you cannot brake cars where stopping is prohibited by traffic regulations, namely:

1. on sections of roads with insufficient visibility;
2. before crossing roads or before a zebra crossing;
3. before and after the turn,
4. at the railway crossing;
5. where the road began to rise;
6. on dangerous sections of the route.

But there are relaxations for road guards, of course, it is impossible, but if you need to stop a car in order to stop a crime, an administrative violation, to prevent a real threat to life and health, as well as the property of drivers or pedestrians, then it is possible. In addition, the regulations allow stopping in prohibited places when a traffic policeman has designated the stopping place with a patrol car with flashing lights.

Also, if an inspector needs to stop a driver where this is prohibited by traffic regulations, he is obliged to ensure traffic safety in this area. It turns out that the prohibition is very relative: as they say, it’s impossible, but if you really want to, then you can.

And you especially shouldn’t detain a motorist if an inspector stops him in a prohibited place. The regulations require that the road guard immediately approach the driver, introduce himself, announce the reason for the stop, ask for documents, and do all this in a timely manner. True, this rule is not always observed, and drivers sometimes have to wait for the inspector to approach. This behavior is not encouraged by the regulations.

Where and when a traffic police inspector can stop - changes in regulations in 2019

At the end of October 2017, Order No. 664 of the Ministry of Internal Affairs came into force, which approved the new Administrative Regulations for Supervision of Road Safety. Some of the changes concern the rules for stopping a vehicle by traffic police officers.

Possible reasons for stopping the machine

The new document allowed inspectors to stop cars outside of fixed posts. That is, in any convenient place. In this case, there must be compelling reasons for stopping:

• visually or with the help of technical devices, for example, radar or automatic recording camera, a violation of traffic rules by the driver of the car was detected;
• suspicions of an offense being committed by people in the car or theft of the car itself;
• carrying out special events aimed at preventing crime and accidents on the roads;
• witnesses or assistants are needed;
• checking documents for driving license, vehicle, transported cargo;
• identified malfunction in the machine;
• the car was needed for official purposes;
• ensuring the movement of special convoys of equipment or emergency vehicles to the emergency site;
• ensuring road safety.

To stop a vehicle, the inspector must choose a place where the rules allow this stop. In addition, it is prohibited to “hide” company vehicles. The exception is for sections of roads where the terrain or the features of the route do not allow placing a service vehicle within the driver's visibility range.

Inspectors must explain to drivers the reasons for stopping and provide the opportunity to familiarize themselves with the documents on the basis of which this was done.

Rights and responsibilities of the driver and inspector

When stopping a car, the inspector must introduce himself, explain the reason for the stop and warn the driver about video recording. The recording device can be located in a company car or directly on the employee.

According to the new regulations, a traffic police officer can make audio or video recordings of procedural actions on any technical device with a conversation or video recording function.

The driver has the right to ask to see an identification card, to give the address and telephone numbers of the traffic police duty group or the nearest territorial police authority. The driver also has the right to record the conversation with the inspector. When presenting documents for a driving license or a vehicle, they must be without covers and holding devices.

The inspector may ask the driver to get out of the car:

• if there is suspicion of alcohol or drug intoxication;
• to eliminate a detected malfunction in a vehicle or a violation during cargo transportation;
• to check the correspondence of the numbers indicated in the vehicle documents with the actual vehicle numbers;
• if it is necessary to have the driver present as a witness or to provide assistance to a traffic police officer and other traffic participants;
• in a situation where there is a threat to the life or health of the inspector.

If the inspector needs the car for official purposes, he must, at the driver’s request, issue a certificate or fill out a waybill (if the car belongs to the organization).

At the request of the inspector, the driver presents documents giving him the right to drive the car, the transport itself and the cargo, as well as an insurance policy.

The new regulations provide for the possibility of providing the inspector with a printout of the electronic insurance policy.

In addition, inspectors have the right to check the documents of passengers if there is evidence that they have committed illegal acts or they may be wanted.

At night, in a deserted area, a car can be stopped only if there is a threat of committing an offense or preventing a crime. In this case, whenever possible, official vehicles equipped with special signals are used.

If the driver in such a situation suspects that the inspector is not real, then he may not obey the requirement to stop, but must report this by phone to the police or at the nearest stationary traffic police post.

Other changes to the traffic police regulations

Most of the innovations are purely technical in nature, since the previous Administrative Regulations were adopted 8 years ago, and many of its provisions are outdated.

Thus, provisions on the use of interim measures by traffic police inspectors in the form of confiscation of a driver’s license or car license plate disappeared from the new document.

The actual consolidation was given the opportunity to stop any transport outside the stationary traffic police posts

After the new regulations came into force, the traffic police stopped issuing accident certificates for insurance companies. Now, to submit an application for payment of insurance compensation, a copy of the protocol is sufficient. In addition, you can present the inspector with a printed copy of the insurance certificate if the car insurance was issued electronically.

This document also included a rule regulating the drawing up of the so-called “Europrotocol” without the participation of traffic police officers. It can be issued when two cars are involved in a traffic accident, only property was damaged (those involved in the accident do not need medical assistance), the drivers agree with the extent of the damage and the culprit admits the violation. In this case, the damage should only be caused to those involved in the accident; the structural elements of the road should not be damaged.

If at least one of the participants in the incident does not consent to registration without the participation of traffic police officers, then you can record all the details in detail using photos and videos, if possible, draw a diagram of the accident and drive to the stationary traffic police post to officially register the accident.

When a traffic police inspector stops a car, there must be good reasons for this. If the driver is not explained why he was stopped, the police officer does not introduce himself or refuses to show his identification and give the contact details of the traffic police department in which he serves, the driver has every reason not to obey the demands of such an inspector and report violations to the traffic police or the police.

Procedure and rules for stopping a vehicle by a traffic police officer

The direct responsibility of a patrol officer is to ensure road safety. To control the situation, personal communication between the traffic police officer and the driver is necessary, which allows you to visually assess his sanity, check the documents, and in some situations, the technical condition of the car. A vehicle can be stopped on any section of the roadway where it is not prohibited. However, the grounds for stopping traffic directly depend on the location of the stop. They are different for carrying out an operation at a stationary post and outside it, and the procedure for its implementation during the daytime differs from carrying out an event at night.

Legislative regulation of the issue

The actions of traffic police officers on the roads are regulated by the Administrative Regulations approved by Order of the Ministry of Internal Affairs No. 664 of August 23, 2017. It reflects measures and methods of state supervision over compliance by road users with legislative requirements in the field of road safety. The document discusses the grounds on which traffic police officers have the right to demand that a vehicle be stopped.

A traffic police officer can stop a vehicle at any time of the day if there are grounds for such action. The law defines the right of an authorized employee to stop vehicles to perform duties to ensure road safety, to check driving documentation, papers confirming the ownership or operation of vehicles, the availability of a compulsory insurance policy and documents for the transported cargo.

The main reasons for stopping a car are violations of traffic rules, determined visually or recorded using special means, as well as the inspector’s knowledge of a specific car regarding whether it is wanted or a suspicion that it contains a person who has committed a crime or is planning one. The regulations define the inspector’s right to stop the car if necessary:

• Questioning the driver or his passengers about the circumstances of the accident they witnessed;
• Attracting a road user as a witness;
• Using a vehicle for business purposes;
• Providing assistance;
• Restrictions or prohibitions on the movement of vehicles;
• Ensuring safe and unimpeded passage of special-purpose vehicles;
• Assistance in the unimpeded passage to the scene of the incident for transport of operational vehicles, as well as emergency services specializing in the elimination of emergency incidents.

The car must be stopped by a traffic police officer if any type of threat to road safety is created. It may be caused by a malfunction of technical means of traffic management, as well as their incorrect installation. Dangers for road users are typical when the rules for carrying out repair work on the road are violated, as well as during natural disasters, man-made accidents and emergency circumstances.

Where is it allowed and where is it forbidden to stop vehicles?

Ideally, the inspector should stop vehicles near a patrol post with the approved area of ​​responsibility of traffic police officers. It is also allowed to carry out control on those sections of the road where stopping is not prohibited. On bridges, overpasses, in tunnels and on highways, cars can be stopped from a patrol car with flashing lights on.

The driver is obliged to stop at the request of the inspector, but it is better not to violate the rules of stopping and parking, so as not to subsequently be fined for violating traffic rules. If a traffic police officer instructs the driver to stop in a place where stopping is prohibited, then the person driving the car is recommended to drive to a place where, according to the rules, it is allowed.

It is prohibited for a traffic police officer to stop a car on those sections of roads where it is not permitted by traffic regulations. The exception is situations when the stop is related to the need to suppress a crime or prevent a real threat to the life or health of other road users. The prohibition of a legal act is also not relevant when marking a stop by a patrol car with a light signal on or using other means of organizing traffic.

If at a stationary post an inspector can stop a car for the purpose of checking documentation, then outside of it such a reason cannot be a basis for stopping the movement of a participant on the initiative of an authorized person. The reason for such an action must be a forced measure, without which it is impossible to ensure the safety of other road users. The driver has the right to freely receive information about his rights. Measures not provided for by legal acts cannot be applied to him. The inspector does not have the right to refer to secret instructions, since the Constitution of the Russian Federation determines that a person must have information that concerns him, especially if the issue is in the legal field.

Do they have the right to stop a car at night?

The provisions of legal acts prohibit stopping vehicles at night on unlit sections of roads or streets in cars without a special paint job or in a single outfit. The exception is cases of special operations. The regulations of the traffic police inspector determine that a signal to stop a vehicle at night or in conditions of limited visibility must be given using light signals.

The Traffic Regulations and the Administrative Regulations stipulate that an authorized officer must give a signal with a hand gesture directed at the vehicle to stop a vehicle. Alternatively, he may voice his demand over a loudspeaker device. In its absence, to attract the attention of road users, it is necessary to use an additional whistle signal. To ensure better visibility of signals, the patrol inspector can use a rod or disk with a red reflector, which is characterized by retroreflection. Their use is relevant in the dark and in conditions of poor visibility.

Conclusion

Stopping the movement of vehicles at the request of traffic police officers at a stationary post is carried out in order to control the driver, his documents and the technical condition of the car. In all other cases, the stop is carried out with the aim of preventing the commission of a crime, detaining a suspect or criminal and applying administrative penalties for violating traffic rules. The patrol inspector has the right to stop the car if he needs the help of witnesses, as well as assistance in solving urgent service issues and organizing the delivery of victims.