Where can traffic police inspectors check documents?

Is checking documents outside a stationary traffic police post allowed?

On October 20, 2017, the updated Administrative Regulations of the Ministry of Internal Affairs came into force. It was put into effect by Order No. 644 of August 23, 2017.

Administrative regulations are an internal order of the Ministry of Internal Affairs, instructions for inspectors, which drivers are not required to learn by heart, but which it would not hurt to familiarize yourself with. The regulations are freely available.

One of the main new rules of the regulations is a new condition for checking documents outside a stationary post from 2017 to 2019.

Let's find out whether traffic police officers can check documents outside a stationary post, and on what basis an inspector can stop a car.

Reasons for stopping a vehicle

The new edition of the regulations allows traffic police officers to stop a vehicle outside a stationary post to check documents. Now employees have the right to stop cars to check documents anywhere.

But the place is chosen not at the request of the employee, but by order of management . The stopping of a car by a traffic police officer outside a stationary post is largely due to a sharp reduction in posts in recent years.

And this phenomenon is explained by a significant reduction in personnel in the State Traffic Inspectorate.

In fact, traffic police inspectors were previously allowed to stop cars outside of stationary posts during various special events and raids. For this reason, the innovation did little to change the actual order, especially in cities.

The inspector could always find a reason to stop. Typically, motorists had no objections. Many believed that it was easier to show documents than to argue.

Places for duty by traffic police officers are determined based on an analysis of the state of accidents in a certain area, identification of potentially dangerous sections of roads, taking into account emerging complications of the road transport and operational situation.

According to the regulations, the inspector must not smoke in the presence of the driver, but must be polite and refrain from various kinds of statements and actions of a discriminatory nature on various grounds (gender, age, nationality, etc.).

Making unlawful, undeserved accusations or insults is also prohibited.

Grounds for stopping (Article 84):

if the motorist violated traffic rules (the traffic police inspector recorded the violation visually or using special technical means);
the inspector received information (from the duty officer, based on guidance) that the motorist or passengers were involved in an accident, crime, or misdemeanor;
if the inspector has information that a specific car is wanted or stolen;
if the driver has become an eyewitness or witness to an accident or crime, he is stopped to give evidence;
the inspector must involve the motorist as a witness;
employees need to use a car;
it is necessary to temporarily restrict or prohibit the movement of vehicles;
provide safe and unimpeded passage for special purpose vehicles;
there is a need to stop the motorist so that he can assist other road users or police officers;
if activities are carried out that need to be carried out according to special administrative acts;
during a routine inspection (the vehicle is checked for transportation of prohibited goods, persons who are wanted);
if there is a threat to traffic safety created by a malfunction of technical equipment, violation of the rules for carrying out repair work on the road, a natural disaster, a man-made accident, or other emergency situations.
to verify documents for the right to use and operate a vehicle, transport goods;
the inspector has suspicions that the persons have committed a crime or are wanted, and there are grounds to detain them.

Ways to stop a vehicle

The traffic police inspector stops the car with a special gesture . The requirement to stop is given through a loudspeaker device or a hand gesture; it is also legal to use a baton or a disk with a red signal directed at a specific car.

The inspector points to the area to stop the vehicle. If it is dark outside, the signal to stop is given using special light signals (the law has an addition to the clause: “if possible”).

You cannot stop cars on sections of roads where this is prohibited by traffic regulations (exception: the stop occurred due to the need to stop a crime, an offense, to prevent a real threat to harm to life, etc.).

After stopping, the inspector must:

approach the motorist without delay;
say hello, introduce yourself, give your full name, position, title;
when addressing a motorist, place your right hand on your headgear;
explain the reason for the stop;
provide an official identification upon the driver’s request (you should not forget about this right and even record the details of a police officer);
state the requirement for the transfer of documents without covers or retaining means or set out the rights and responsibilities of the driver, if it is necessary to involve him in an understandable manner;
the stop is made for a short period of time;
if the driver has committed an administrative violation, the inspector explains the essence of it.

The inspector has the right to ask the motorist to get out of the vehicle in the following cases:

The motorist showed signs of intoxication or illness;
for the purpose of inspection, inspection (personal, cargo or vehicle);
if you need to check the numbers of units and components of the car with the information in the registration documents;
if it is necessary for the motorist to participate in procedural actions to provide assistance;
to eliminate a technical malfunction of a vehicle or violations of cargo transportation rules;
if the driver’s behavior poses a threat to the safety of the inspector.

Verification of documents

Like a stop, document checks by traffic police officers can also be carried out outside a stationary post. Article 106 of the document regulates the following grounds for checking documents:

the inspector identified signs of traffic violations;
there are landmarks or other information that indicates the involvement of the motorist or vehicle in an accident, crime, offense, or use of the car for illegal purposes, if there is reason to believe that the car is wanted;
as part of special measures to prevent accidents and reduce the severity of the consequences of road accidents.

The law also regulates what the inspector can check. Grounds for checking identity documents (Article 107):

signs of traffic violations have been identified, and there is also a reason to initiate a case of an administrative offense against a specific person;
signs of falsification of documentation that establishes identity, necessary for driving a vehicle, falsification of documents for transported cargo have been identified;
there are clues or information that give the right to suspect a person of committing an offense or crime;
you need to involve a citizen as a witness, understandable.

Grounds for checking a license, permit or other documentation to perform certain actions or activities:

signs of violation of the requirements of standards in the field of road safety were identified;
special measures are taken to prevent accidents;
the vehicle and cargo are inspected, other cases are also allowed if necessary to perform police duties.

When checking documents, vehicle markings, state registration plates, the inspector carries out a visual examination of them. If necessary, technical means are used to detect signs of counterfeiting.

Technical means are used if there are traces of external influence on the markings, documents, if there are discrepancies in the records with the data of centralized operational information and other internal affairs bodies.

An employee can turn to investigative, specialized federal records of internal affairs bodies.

If documents for cargo are checked, the same actions are carried out, but in addition, the compliance of the waybill and the waybill, the license card, and the cargo being transported is checked.

The documents reveal corrections, abrasions, damage, changes in markings and other signs of forgery.

For foreign citizens and stateless persons (LSP), the inspector checks:

passport or other identity document;
visa, migration card;
Russian driver's license or foreign (international driver's license is provided along with the national one);
registration documents for the car or documentation provided by the Customs Union, with marks from customs authorities (if the car is imported into the Russian Federation);
MTPL insurance policy or a document that confirms the registration of insurance within the framework of international insurance systems;
documents required for entry into territories with a special permit (if the driver enters these territories).

A foreign passenger or LBG who is a passenger or pedestrian is checked for a passport, visa, migration card, documents that are required to enter territories with a special permit (if visiting these territories is carried out).

Can traffic police officers stop a car and check documents outside a stationary checkpoint? They can.

This was prohibited in the previous regulation from 2009, but the new regulation officially allowed cars to be stopped outside the checkpoint. This measure changed little, since inspectors had previously stopped vehicles outside their checkpoints, citing special events and other reasons.

Drivers rarely objected to this, and now conscientious motorists should not worry about checking documents outside stationary checkpoints.

Also, the traffic police officer should not prohibit the driver from familiarizing himself with the content of special events or orientations . The relevant documents are stored at a stationary post or in the traffic police department.

There must be a contact telephone number for the duty officer on board the patrol vehicle. If not, the motorist may request information on the location or telephone number of the duty or responsible official, and the inspector is obliged to provide the driver with such information.

You can find out about the legal grounds for stopping or checking documents from the duty officer. Also, upon request, the employee must provide information about the special event, information about which inspector stopped him, and whether his actions were legal.

Many motorists are concerned about the fact that the new regulations have removed direct permission to take photos and videos when communicating with a traffic police officer.

But filming is still permitted by the constitutional right of every citizen to search, receive, and transmit information in any legal way. But the motorist must not interfere with the employee’s performance of his official duties.

There is also one more important note: if the inspector suspects that the motorist is drunk, he may require a medical examination.

But in the event that tests or other examination methods show a negative result, the inspector is obliged to escort the driver back to the place where he was suspended from driving or to the location of his vehicle.

Does a traffic police officer have the right to stop a driver outside a stationary post: a trick question!

Until now, some motorists have a desire to argue with traffic police officers who stopped them on the road outside a stationary checkpoint. How justified are such disputes and what rights are granted to traffic police officers raising a baton on a city road or highway?

Stopping and checking documents by traffic police officers outside a stationary post in 2019

First, let's look at the background of the issue. In 2009, the Administrative Regulations of the State Traffic Safety Inspectorate were adopted (Order of the Ministry of Internal Affairs dated March 2, 2009 N 185), which pleased many drivers, both professionals and ordinary car owners. According to paragraph 63 of the old Regulations, stopping a vehicle to check documents could only be carried out at specially equipped posts. This decision was made as part of anti-corruption measures in the Ministry of Internal Affairs.

It is difficult to say whether this measure produced any results, but some of the absurdity of the situation was obvious. The largest number of offenses not related to road accidents are revealed precisely during a random check of documents, and equipped stationary posts within the city remained from the time of Uncle Styopa. In fact, the legal mechanism for effectively identifying and preventing offenses has been lost.

Document verification is a widespread procedure

The previously existing Regulations caused criticism from police officers on many points. By Order of the Ministry of Internal Affairs dated August 23, 2017 N 664, a new Regulation was approved, which eliminated some shortcomings and somewhat expanded the powers of employees. Among other things, the condition about checking documents only at checkpoints was removed. Currently, stopping a vehicle is possible in places determined by the Regulations and the leadership of the local traffic police unit.

Reasons for stopping

The grounds for an employee to make such a requirement are listed in clause 84 of the Regulations and include:

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 an accident, crime or administrative offense;
availability of data (orientations, information from operational and investigative records of internal affairs bodies, 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 accident, administrative offense, crime of which they were or are eyewitnesses;
the need to involve a road user as a witness;
the need to use a vehicle;
the need to temporarily restrict or prohibit the movement of vehicles;
the need to ensure safe and unhindered passage of special purpose vehicles;
providing assistance in unhindered passage to the scene of emergency medical vehicles, as well as vehicles of operational and other emergency services involved in the liquidation of emergency incidents;
the need to involve the driver and (or) passengers to assist other road users or police officers;
carrying out, on the basis of administrative acts of the heads of territorial bodies of the Ministry of Internal Affairs of Russia at the regional (district) level, heads of departments of the State Traffic Inspectorate of the territorial bodies of the Ministry of Internal Affairs of Russia at the regional (district) level, measures to prevent road accidents and reduce the severity of their consequences in order to protect life, health and property citizens, protection of their rights and legitimate interests, as well as the interests of society and the state;
threat to road safety created by a malfunction or improper installation of technical means of traffic management, violation of the rules for carrying out repair work on the road, a natural disaster, an industrial (man-made) accident, fire and other emergency circumstances, leakage of hazardous substances;
checking documents for the right to use and drive a vehicle, documents for the vehicle and the cargo being transported;
checking the identification documents of the driver and passengers, if there is data giving grounds to suspect them of committing a crime or to believe that they are wanted, or if there is a reason to initiate an administrative offense case against these citizens, as well as if there are grounds for their detention in cases provided for by federal law.

Traffic police officers have the right to stop a car outside the post

The list is exhaustive; stopping for any other reasons is not allowed. Demands to stop a car by a traffic police officer for other reasons are not legal and cannot be enforced, although it is difficult to think of reasons why a vehicle stop might still be required.

Where can you stop your car?

However, the regulations set some restrictions. It is not allowed to stop cars (clause 88 of the regulations) in places where stopping is prohibited by traffic regulations. Exceptions are made to the general rule and stopping is allowed in prohibited places:

if it is related to the suppression of a crime or offense;
when implementing regulatory measures (for example, regulating traffic jams);
if this is related to preventing a threat to the life and health, property of road users;
if the stopping place is indicated by a patrol car with a special signal on.

The traffic police departments are developing schemes for the placement of patrol cars. During their shift, the locations where employees stop to monitor traffic change. Crews are constantly moving. There are areas where the traffic police like to set up ambushes. This is mainly done on small sections of roads where accidents or violations occur most often.

Verification of documents

Document verification is a routine procedure actively used by traffic police officers in order to identify and prevent criminal and administrative offenses. According to clause 2.1.1 of the Traffic Rules, the driver of a power-driven vehicle is obliged to carry with him and, at the request of police officers, hand over to them for inspection:

a driver's license or temporary permit to drive a vehicle of the appropriate category or subcategory;
registration documents for this vehicle (except for mopeds), and if there is a trailer, also for the trailer (except for trailers for mopeds);
in established cases, permission to carry out activities for the transportation of passengers and luggage by passenger taxi, waybill, license card and documents for the transported cargo, and when transporting large, heavy and dangerous goods - documents provided for by the rules for the transportation of these goods;
a document confirming the fact of disability, in the case of driving a vehicle on which the identification sign “Disabled” is installed;
an insurance policy of compulsory civil liability insurance of the vehicle owner or information printed on paper about the conclusion of a contract of such compulsory insurance in the form of an electronic document in cases where the obligation to insure one’s civil liability is established by federal law.

The absence of documents will entail drawing up a protocol or issuing a decision on the spot and imposing a fine. The size of the fine can be impressive. If we are talking about the absence of a compulsory motor liability insurance policy, then this is a harmless 500 rubles. But failure to issue a waybill will cost an organization or individual entrepreneur 20,000 rubles.

When conducting an inspection, an employee may not limit himself to visual examination of a paper document. Each police officer has access to a special database. The presence of restrictions on driving a car, the presence of a compulsory motor liability insurance policy, the validity of a driver’s license, and other circumstances are checked. The result of the check may be a wish for a bon voyage, or perhaps sending the vehicle to the impound lot. There are times when a person in good faith does not know about the existence of restrictions. Non-payers of alimony often find themselves in such situations, in respect of whom the bailiffs issue a decision to limit the right to control. Due to the heavy workload of the bailiffs and the banal lack of money for postage, a copy of the decision is not sent to the defaulter, and the seizure of the car becomes a complete surprise for them.

Another purpose of a roadside check is to identify wanted persons. Moreover, experienced employees even manage to identify crimes during an audit. Atypical behavior of the driver and passengers, unusual objects in the car may arouse suspicion and lead to the application of other measures against the car owner, in particular, inspection of the car. It’s paradoxical, but traffic police officers even have a definite plan for solving crimes not related to road accidents. Usually these are crimes related to the transportation of drugs, illegal weapons, and the like.

Experienced traffic police officers develop a kind of instinct for violators. The slightest atypical situation will result in the vehicle being stopped and documents checked.

Early in the morning my wife and I were returning from the airport, the wife was driving the car. At the first checkpoint we were stopped by a traffic cop. They presented the documents, and he looked at us and them for a long time. Then he bent down and looked into the car through the window, trying to smell the alcohol. As a result, he grinned and asked which of us had been drinking the day before. Naturally, no one. For a long time I could not understand why we aroused his suspicion. Already at home he guessed, it seemed suspicious to him that on a day off early in the morning a woman was driving a car along the highway, and a man was sitting next to him. Apparently, the employee thought that we were returning from vacation, the husband had been drinking, and the wife, therefore, might have taken a sip too, we need to check.

Video: traffic police stopping a vehicle

Thus, drivers who try to challenge the right of traffic police officers to stop a car on the road are guided by repealed legislation and risk being prosecuted for failure to comply with legal requirements.

The procedure for checking documents by a traffic police officer in 2019

Law enforcement is the main function of all divisions of law enforcement agencies, including the traffic police. Checking documents during road traffic is one of the methods of preventing possible offenses and identifying persons involved in cases of violation of the law that have already occurred. That is why traffic police officers have the right to check the documents of citizens participating in road traffic. How and where do government officials have the right to check documents, can they do this outside of stationary traffic police posts, and what documents are subject to inspection? Let's look at these issues in more detail in this article.

Legislative regulation

The legality of the actions of traffic police officers to check documents is regulated by the Administrative Regulations approved by Order of the Ministry of Internal Affairs of Russia No. 644 of August 23, 2017. Appendix No. 1 of this document describes the actions that a government representative has the right to carry out when stopping a vehicle (vehicle). These include checking documents, identifying the compliance of vehicle license plates with those specified in the documents, and checking the technical condition of the vehicle. The regulations also list the reasons that are lawful for officials to stop a vehicle (Part 84 of Order No. 644). This:

Traffic violations detected visually or using technical means of recording;
Availability of information about the involvement of the driver or his passengers in the commission of any offense or crime;
Availability of information about the use of this vehicle for illegal purposes;
The need to obtain information from the driver or passengers as eyewitnesses of an accident, offense or crime;
Involvement of the driver or passengers as witnesses;
The need to use this vehicle for urgent business needs;
The need to stop traffic for the passage of vehicles with special equipment. signals in order to prevent road accidents due to natural and man-made disasters and in other situations;
Checking documents on the vehicle or transported cargo;
Checking identification documents of the driver and passengers, if traffic police officers have information about the involvement of these persons in an accident, offense, or crime.

From the above it follows that a check of vehicle documents can be carried out by officials at any time, and a check of citizens’ personal documents can only be done if there is information about the possible involvement of these persons in any illegal actions. Order No. 644 also legalized the possibility of checking documents not only at a stationary traffic police post, but also in any other place.

Procedure and rules of procedure

The grounds for carrying out the procedure for familiarizing yourself with the car owner’s documents are specified in subparagraphs 106 and 107 of the Administrative Regulations. In addition, the traffic police inspector has the right to demand the presentation of documents on the grounds provided for in subparagraphs 84.1-84.3, 84.11, paragraph 84 of the said regulations. If it is necessary to check documents, the traffic police officer must perform a number of sequential actions:

Signal to the driver with a gesture, a baton or a reflective disk indicating the stop location. At the same time, stopping the vehicle should not contradict traffic regulations. Otherwise, traffic police officers must take adequate measures to ensure safety in the area.
Approach the vehicle from the driver’s side, introduce yourself (state your position, rank and last name). Present your service ID (upon request of the citizen), name the location and telephone number of the place where the employee is serving (upon request).
State the purpose of stopping the vehicle and the basis on which this action was carried out.
Ask to see documents. They must be without covers, holding devices, other enclosed papers or money.
Check the submitted documents. If necessary, check the electronic MTPL policy using a unified federal database.
Give the papers to the driver if they meet the established standards.
Take a number of procedural measures if there are any violations.

A traffic police officer has the right to issue a warning and (or) draw up a report on an administrative violation and issue a fine if the fact concerns an individual. If we are talking about a legal entity, then the employee must draw up a report and submit it to his management to make a decision on initiating a case for an administrative violation. If there are signs of a crime, for example, the vehicle is on the wanted list, the officer has the right to detain the citizen and call an operational investigation team or independently deliver the citizen to the internal affairs department. It should be noted that in order to complete the procedural papers, the traffic police officer must invite the driver to go to a patrol car or to a stationary post.

What is subject to inspection?

Based on the purpose for which the traffic police officer stopped the car (and this official must notify the driver about this), the list of papers that need to be submitted for inspection depends. So, if a representative of the traffic police informed the driver that the vehicle was stopped to check the right to drive the vehicle or to inspect permits for the cargo, then the traffic police officer should submit a vehicle registration certificate, a driver’s license or a temporary permit to drive a vehicle, an MTPL policy, and papers for the transported vehicle. cargo. The listed documents indicate that this driver drives a specific vehicle and transports the specified cargo legally.

If the traffic police officer announced the reason for stopping the vehicle as an inspection of documents to verify information about the involvement of the driver and (or) passengers in any offense, accident or crime, then you need to present an identification document of the citizen, that is, a passport. If necessary, the traffic police officer has the right to demand the presentation of documents for the vehicle.

Conclusion

Thus, checking documents when driving a car can be carried out anywhere, regardless of the presence of a traffic police post. The traffic police officer must notify the driver of the reason for the stop. A vehicle registration certificate, driver's license, compulsory motor liability insurance policy, cargo certificates, and a license to carry out activities for transporting people are presented. The obligation to present a passport for verification arises for a citizen only if the police have compelling reasons to verify his identity.

Traffic police check on the road: under what right?

The only document that the driver must follow is the Traffic Rules. He doesn't have to know the rest. But to be fully prepared, it is better to understand some provisions of the Police Law in advance. After all, quite often traffic police inspectors take advantage of the illiteracy of car owners and do what they want.

WHEN A TRAFFIC OFFICER HAS THE RIGHT TO STOP A CAR: EVERYONE STOP!

To check documents - driver's license, car papers, insurance, driver and passenger ID - the car can be stopped only at a stationary traffic police post. Not mobile, but stationary - see paragraph 63 of the Administrative Regulations of the State Traffic Safety Inspectorate (approved by order of the Ministry of Internal Affairs dated March 2, 2009 No. 185). On the road, an inspector has the right to stop you only for the following reasons: if you have violated traffic rules, or there is information (for example, from other drivers) about a traffic violation, or the car is passing through one of the traffic police search bases.

They may also stop to attract the driver as a witness or, if necessary, to provide assistance to the victim. Sometimes an inspector urgently needs to go on official business, but doesn’t have his own car... And the last reason (it is quite often used by traffic police inspectors to justify stopping and inspecting cars right on the road) is the holding of special events. But such events (mandatorily!) must be carried out on the basis of an order issued by the head of a department of the internal affairs body. It is clear that the inspector may not have a written order from his boss to inspect all passing Volvos to search for escaped criminal N. But he is obliged to refer to this very order and give the name and position of the manager who gave it.

If you are stopped in an open field, referring to some kind of “Interception” operation, immediately report this by calling the helpline (it is usually indicated on the traffic police vehicle) and duplicate the call to the emergency number 112 or 02. And then act in accordance with with traffic rules.

RIGHTS AND RESPONSIBILITIES OF THE TRAFFIC INSPECTOR AND DRIVER: EVERYTHING IS ACCORDING TO THE RULES

Before requesting documents, the traffic police inspector must introduce himself and show his official identification (clause 2.4 of the traffic rules). The driver must have with him (and present to the policeman upon request) a driver’s license, documents for the car, and an insurance policy (clause 2.1.1 of the traffic rules). In principle, the police officer may also require a passport. If the driver has not violated traffic rules or committed anything illegal, he must be released immediately. If the inspector is interested in what is in your pockets, in the trunk, in the cabin, under the hood, then this is already a personal search or a vehicle search, and its conduct is strictly regulated.

Personal searches are carried out in accordance with the requirements of Article 27.7 of the Code of Administrative Offenses of the Russian Federation (CAO RF). The search is carried out only by a person of the same sex as the driver, in the presence of witnesses of the same sex. If, for example, an inspector decides to examine a female driver, then he will have to call a female inspector and female witnesses to the scene. Otherwise, a personal search cannot be carried out! The exception is cases when it is reliably known that the driver has a weapon or an instrument of crime. A protocol must be drawn up regarding the conduct of a personal search, and a copy is given to the driver.

Vehicle inspection can only be carried out in the presence of the car owner and two witnesses; a protocol must be drawn up.

Inspection of a vehicle is carried out in approximately the same way (Article 27.9 of the Code of Administrative Offenses of the Russian Federation). And here it is necessary to have witnesses present and to draw up a written protocol. The car is inspected only in front of the owner-driver!

If the inspector decides to rummage through the trunk himself, this is no longer an inspection, but a search. And it is possible only with the sanction of the court or prosecutor. I advise you to calmly remind the inspector about the inspection procedure. If your remark has no effect, call the helpline again.

Often inspectors are concerned about the presence of a warning triangle, first aid kit, or fire extinguisher. Here I would like to remind you: clause 2.1.1 of the traffic rules contains an exhaustive list of documents that the driver is required to present to the inspector - it does not contain any first aid kits, emergency signs or fire extinguishers. All this is controlled during a technical inspection. And the driver himself, before getting behind the wheel, is obliged to check the technical condition of the car. We all do this, right?

And therefore, the inspector has no right to demand that the trunk be opened “just to have a look.” Is there any reason to suspect the driver of transporting something prohibited? Let him call two witnesses and draw up an inspection report. No other way. By the way, the inspector’s partners cannot be witnesses. There is another move with which a police officer can try to look under the hood or in the trunk - checking the engine and body numbers. Only a technical control inspector has the right to conduct a so-called check of the technical condition of a vehicle in accordance with the Administrative Regulations (approved by Order of the Ministry of Internal Affairs No. 185) - at stationary posts, using special equipment. However, a traffic police inspector can check identification numbers, but only visually. That is, he looked under the hood, looked at the number, compared it with what is indicated in the documents (or is in the police officer’s computer, in the database) - and that’s all. He has no right to force the driver to clean his license plate!

PSYCHOLOGIST IN EMAILS

It happens that the inspector - especially after listening to the remark of a particularly smart driver - takes a wait-and-see attitude. Others begin to fuss, for some reason they offer to voluntarily show all things to the officer, or even come to an agreement... Why? It is enough to remind the inspector about Article 12.35 of the Code of Administrative Offenses of the Russian Federation. According to it, for illegally restricting the right to drive a vehicle, an official, that is, a traffic police inspector, faces a fine of 20,000 rubles!

And the fact that the inspector restricts the movement of the car without legal grounds can (and should!) be recorded on a voice recorder, phone camera or video recorder. In accordance with Article 26.7 of the Code of Administrative Offenses of the Russian Federation, such records are evidence and will be used when considering a complaint against the actions of the inspector.

Any media is suitable for them. We send the complaint to a higher division of the traffic police or to the prosecutor's office at the place where the vehicle was stopped. And it’s better to duplicate it on the traffic police website... But, I hope, in most cases it won’t come to that. From my own experience I can say: the driver’s peace of mind, based on knowledge of regulations, will cool down overly zealous traffic police inspectors.

Does a traffic police inspector have the right to stop to check documents?

Absolutely every driver has been stopped more than once in his life by traffic police officers to check his documents. But not every motorist knows that stopping a vehicle is possible only for special reasons; traffic police officers simply do not have the right to stop the vehicle. Every driver definitely needs to know his rights and the grounds for checking documents by traffic police officers in 2019.

On what grounds can a vehicle be stopped?

Available landmarks, witness statements, or other information indicating that an accident was committed by the driver of the vehicle or its passengers.
There is evidence of the use of a vehicle in illegal activities.
Conduct a survey of passengers or drivers who witnessed any violation or crime.
To attract citizens as witnesses.
To use a vehicle for business purposes.
As necessary during movement restrictions.
To ensure the passage of special vehicles.
To attract assistance in case of an accident or other emergency situation.
When carrying out special events.
In the event of a vehicle malfunction.
To check documents for the right to drive a vehicle.
Checking documents that identify all citizens in a vehicle if there are suspicions that they have committed crimes.

Rights of a traffic police inspector

According to the new order No. 644, traffic police officers have the right to check documents not only of the driver, but also of the passengers of the vehicle to identify or eliminate any offenses.

When is an inspector allowed to stop a vehicle?

The new order gives the following rights to traffic police officers:

stop vehicles to ensure traffic safety;
checking documents for the driver’s right to drive a vehicle;
check documents for cargo and vehicles;
check the availability of a compulsory insurance policy;
detain a vehicle that may be wanted;
inspect suspicious vehicles and cargo;
restrict or prohibit traffic on the highway;
examine the driver for intoxication and send him to a medical facility.

Can an inspector stop a car to check documents anywhere on the road?

The traffic police inspector cannot choose his duty station on the highway. The duty area is selected by higher authorities. At the same time, paragraph 106 of the order says that checking documents and stopping a vehicle can only be carried out if there are grounds. And the basis may be an oral orientation to a vehicle.

Grounds for checking documents

The inspector can check the documents of both the driver and passengers who are in the vehicle for certain reasons.

In case of violation of traffic rules on the road.
Signs of document forgery.
Availability of orientation.
To involve the driver and passengers as witnesses.
If there is a reason to bring citizens to administrative responsibility.

What does the inspector have the right to check after stopping a vehicle, except documents

Any motorist should know what an inspector can check when stopping a vehicle.

Warning triangle, first aid kit and fire extinguisher. These items should be in every vehicle. The inspector can check them, but their absence in the car is not at all a reason for determining an offense. The driver may well say that some time ago he used one of these items or several of them to ensure safety and is now just going to buy new ones.

How to communicate with an inspector when stopped

When stopping a vehicle, the driver must know some behavioral features when communicating with law enforcement officers.

The most important thing is not to panic, and to be polite and attentive.
If an employee cannot formulate a reason for stopping and checking documents, then this is already a violation of the law. Ask for the number of the document it refers to.
Ask the inspector which rule was violated and what will be included in the protocol.
Demand to provide the traffic police officer's identification card in expanded form. You can leave the place where you stopped if the traffic police officer did not present your ID or just showed a certificate or extract.
The driver has the right to record all the actions of the inspector using photo, video and audio equipment.

What mistakes do drivers make if they are stopped by a traffic police officer?

Often drivers do not know their rights, so they make mistakes, which traffic police inspectors sometimes take advantage of for their not-so-pure intentions.

Exit from the vehicle. Every driver is simply obliged to know that the inspector does not have the right to force you to get out of his car - this is simply illegal. The employee can only recommend getting out of the vehicle, outside of which situations.
Drivers often believe that they are not allowed to use technical means to record audio or video materials when communicating with a traffic police inspector. This is wrong. Using a voice recorder or camera is not only possible, but also necessary. The inspector is on duty, so the recording cannot in any way affect his privacy.
Drivers do not ask the reason for stopping the vehicle. You have every right to make sure that the stop was lawful, so always check the reasons for the detention of your vehicle.
Almost all drivers do not require the inspector to present a license. The traffic police inspector is required to present it when stopping a vehicle. If this is not done, feel free to leave. Moreover, he must present the ID in expanded form.
At the inspector's request, almost all motorists open the trunk. The inspector must have good reasons for such a requirement, and some mandatory requirements must be met, for example, the presence of witnesses. If the inspector refers to the fact that this is a request, then the driver should not respond to it at all.
Rudeness on the part of the driver. Behave politely on the road, rudeness and rudeness always give rise to mutual relations, and traffic police officers are the same people.
You don’t pay attention to the fact that the inspector simply didn’t introduce himself. By law, traffic police officers must first introduce themselves to the driver.
Answer all questions asked of you by traffic police officers. According to the law, traffic police officers have nothing to do with your personal life and should not care where and where you are going from, whether you know the rules of the road or your place of work. You can answer questions only on topics that relate to this situation, and it is not necessary to talk about your plans, knowledge and life.

In 2018, many rights and responsibilities of traffic police officers changed. Drivers are required to know them, because anyone can fall under the baton of a traffic police officer. At the same time, each of the motorists must clearly know and understand how to behave, what the inspector can check and what not, the grounds for stopping and checking documents, as well as their rights. All this knowledge will help protect the driver from ridiculous troubles on the road, because scammers often operate under the guise of law enforcement officers, and cases of meeting with unscrupulous traffic police officers who simply want to make money from drivers who have no idea about new laws and regulations cannot be ruled out. .

Follow changes in laws and regulations, be careful and careful on the roads!