Does the driver have the right not to hand over documents?

The rights of car owners - is the driver obliged to hand over the VU to a traffic police officer?

not mine
The purpose of this page is: the desire to show

1. That Guy’s demand on the road “documents in hand” is illegal (if there are no special operations).

2. Checking documents by an ordinary cop does not involve handing them over - these are different things.

A slander to the prosecutor about the illegal demand for documents and an example of successful opposition to IDPS at the very bottom of the page.

Below is an Internet interview with V.V. Chernikov, head of the Legal Department of the Ministry of Internal Affairs of Russia, about checking documents only at stationary posts.

So, Guy comes up to your car and, out of habit, says: “Your documents.”
Let's leave aside that instead of the required presentation in full form, he muttered something indistinctly.

Where in the Rules is it stated about documents?

2. General duties of drivers

2.1. The driver of a motor vehicle is obliged to:

2.1.1. Carry with you and, at the request of police officers, hand over to them, as well as to vigilantes and freelance police officers for verification:

a driver's license and a temporary permit to drive a vehicle, and in the event of withdrawal of a driver's license in accordance with the established procedure - a temporary permit;

vehicle registration documents;

a document confirming the right to own, or use, or dispose of this vehicle - in the case of driving the vehicle in the absence of its owner;

Suppose you show the required documents to Guy from a distance or through glass.

Thus, you do not comply with the requirements of clause 2.1.1 of the Rules regarding

“at the request of police officers, transfer to them, as well as to vigilantes and freelance police officers for verification:”

Let's now look at the Code of Administrative Offenses: For this article 2.1.1. The rules have their own paragraph in the Code of Administrative Offenses:

Article 12.3. Driving a vehicle by a driver who does not have the documents provided for by the Traffic Rules

1. Driving a vehicle by a driver who does not have documents for the right to drive it, registration documents for the vehicle, as well as documents confirming the right to own, use or dispose of the vehicle he is driving in the absence of its owner, -

entails a warning or the imposition of an administrative fine in the amount of one half of the minimum wage.

As you can see, there is simply no punishment for NOT TRANSFERING documents to an employee. After all, you have them.

If he wants to draw up a protocol for NON-TRANSFERING documents, let him. There is no liability under the Code of Administrative Offenses.

He will draw up a protocol in general regarding the absence of documents - after all, he “did not hold them in his hands”, which means “they are not there” - this is a conversation for children.

13.13. A traffic police officer, in accordance with Articles 114 and 245 of the RSFSR Code of Administrative Offences, removes the driver from driving a vehicle, and detains the vehicle until the cause of the detention is eliminated in cases where:

b) the driver does not have the right to drive a vehicle or has been deprived of this right, and also does not have with him the documents provided for by the traffic rules;

And you have documents, but you won’t give them to them.

Call the duty officer on 002 or, if there is no telephone, attract witnesses. Just talk about them and you'll slow down people passing by - Guy will instantly break down. And witnesses just need to show their documents, and do not forget to write down the car numbers or telephone numbers of the witnesses.

It is unlikely that the case will reach witnesses. But you need to be prepared for this.

The funny thing about this is that Guy has no right to demand “Show your documents!”

if he is not at a stationary traffic police post.
In accordance with the DPS Manual ORDER dated April 20, 1999 N 297 ON APPROVAL OF THE INSTRUCTION

18.2. When addressing road users, police officers must introduce themselves, placing their hand on their headgear, state their position, special rank and surname, and report the reason for stopping the vehicle.

13.7. The grounds for stopping vehicles are:

a) violation of traffic rules by drivers or passengers;

b) the presence of data indicating the involvement of the driver and passengers in the commission of an accident, administrative offense, crime;

c) the vehicle is wanted, as well as the presence of data on the use of the vehicle for illegal purposes;

d) the need to interview the driver or passengers about the circumstances of the accident, administrative offense, crime of which they are eyewitnesses;

e) implementation of decisions of authorized state bodies or officials to restrict or prohibit movement;

f) the need to attract a driver or vehicle to assist other road users or police officers;

g) checking documents for the right to use and drive vehicles, as well as documents for the vehicle and the cargo being transported - only at stationary traffic police posts, police checkpoints and checkpoints.

During special events, it is allowed to stop vehicles outside of stationary posts in order to check driver's and registration documents, as well as documents for the transported cargo.

It is prohibited to stop vehicles unless necessary.

Well, there is no clause here about checking documents just on the street! There is not a traffic police post on the street, but a traffic police squad. On duty - yes. But there they don’t put the rights in their pocket, and then they say: they didn’t exist. There are more serious people there, but who knows.

If Guy stopped you not at a stationary post, he must immediately say: “You have violated paragraph ** of the Rules” or what other subparagraphs of Art. 13.7 Instructions.

And there is no requirement for you to comply with clause 2.1.1. Rules

And, therefore, a protocol on your failure to comply with clause 2.1.1. will be illegal if you do not hand over the documents.

Therefore, if there are no special events under paragraph g) of Art. 13.7 - and this can be verified by the presence in the Service Book of any Guy in the service:

All messages about special events must be entered in a line in the service record book.

As, indeed, the guidance on the other points of Art. 13.7.

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Is the driver obliged to hand over documents to the traffic police inspector?

Why give “rights” to the police officer: “he can hide them, say that he doesn’t have them and then extort a bribe from me.”

However, this does not bother a fair number of drivers, who “to avoid provocations” carry their “licences” and STS cars in transparent plastic cases, chained to the driver’s seat. They say that in the event of a check on the road, the policeman will have the opportunity to get acquainted with them through transparent plastic, but will not be able to drag them into his car. And some motorists refuse to charge the officer who stopped their car on the grounds that he did not give a convincing (in the driver’s opinion) reason for stopping the vehicle. In fact, from the point of view of the law, there is no reason not to hand over your driver's license, car registration documents and compulsory motor liability insurance policy to a police officer.

Clause 2.1.1 of the traffic rules directly requires the driver to “carry with him and, at the request of police officers, hand over to them for verification: a driver’s license, registration documents for the vehicle, an insurance policy for compulsory civil liability insurance of the vehicle owner.” Without any conditions or reservations - I am obliged to convey, period. It does not matter whether the stop was legal, whether the police officer introduced himself, whether he stated the reason for his interest in your vehicle or not. The driver is obliged to provide the patrolman with the required documents at full police disposal.

No matter how scary it may be to become a victim of a “money scam.” And the use of a fiberglass “block bag” with documents chained to the car means that the driver is preventing a police check. Doesn't hand over his documents, that is. And this, in legal language, is called “disobedience to a lawful request of a police officer.” For such behavior, the Code of Administrative Offenses, as is known, prescribes either a fine of 500-1000 rubles, or arrest for up to 15 days - under Part 1 of Article 19.3. Whether persistence in one’s ignorance of the laws is worth serving a “24-hour sentence” - everyone must decide for themselves.

Is the driver required to submit documents to the traffic police inspector in 2019?

It is a common practice for an inspector to stop a car and ask for a driver's license. For a conscientious motorist, the situation does not pose a problem: he shows the law enforcement officer his license, registration papers for the vehicle and the MTPL policy, and then goes on about his business. The potential danger lies in the possible dishonesty of the traffic police representative himself, after being in whose hands, certain documents “disappear” or are torn. As a result, the citizen is issued an unreasonable fine or forced to pay a bribe.

Legislative justification

Is it necessary to give documents to traffic police representatives or is it enough to simply show them, for example, through a car window? A comprehensive answer to this question is given in clause 2.1.1 of the Traffic Rules, which states that the motorist is obliged to hand over the required papers to the inspector, and not just demonstrate their presence. This order is due to the following:

• Verifying the authenticity of documents requires tactile contact in some cases. The inspector needs to feel the document, look at the light, and so on;
• The papers are handed over to a traffic police representative so that he can carefully check the information provided and check it against the database.

So, the driver is obliged to hand over the requested documents to the law enforcement officer, but has the right to demand that he comply with certain rules. The inspector is obliged to handle the papers carefully; he is not allowed to put any marks on them in non-designated places. If money is invested in a driver’s license, the traffic police officer is obliged to return it to the driver with a request to remove the valuables, and then receive them back empty. The inspector does not have the right to leave the driver’s documents from his field of view. For example, he cannot pick up his license and go to a post, in a company car for a background check. If such a step is necessary, the law enforcement officer invites the motorist to go with him. The latter has the right to refuse in all cases except three situations:

• The inspector recorded signs of alcohol or drug intoxication;
• The car is faulty;
• A special operation is being carried out to check passing cars.

According to the Administrative Regulations, approved by Order of the Ministry of Internal Affairs No. 664 of 2017, traffic police officers are prohibited from accepting any material assets from drivers, except those necessary for carrying out administrative actions. Motorists submit the requested documents without covers.

Precautions when transmitting documents

Refusal to transfer rights is fraught with sanctions for the driver, but compliance with the provisions of the Rules does not provide for the potential risk that the inspector will turn out to be dishonest. To protect yourself from a possible fine, you must take the following precautions:

• Make sure that this is really a traffic police officer;
• Record the situation;
• Use anti-corruption clips.

The regulations oblige the inspector, when stopping a car, to present the driver with an expanded service ID. The requested papers should be given in the presence of a witness or the process is recorded on a video camera or voice recorder. In this case, it is necessary to spell out which papers are handed over to the officer of the law, and which ones do not have visible damage. Clips are a guarantee that the transferred documents will not suddenly “disappear.” Current legislation does not contain any rules indicating that the use of this remedy is prohibited. This means that the inspector does not have the right to make claims to the driver and demand that the clamp be removed.

Do I need to hand over documents to the inspector if he brakes the car without reason? Yes, because stopping a vehicle is one action, handing over a driver's license is another. From a legal point of view, there is no direct connection between the events. Clause 2.1.1 does not say that the demand of the traffic police representative to show his license must necessarily be legal.

If the car owner believes that he was stopped without reason, he can hand over his license to the inspector for review, and after the end of the procedure, appeal against the illegal actions of the law enforcement officer by going to the nearest traffic police post. Refusal to comply with a law enforcement officer's request may result in the imposition of an administrative fine on the driver.

Possible sanctions for drivers

Current legislation does not contain provisions providing for sanctions for drivers for refusing to hand over documents to the inspector. Article 12.3 of the Code of Administrative Offenses contains provisions on liability for the absence of a driver’s license, compulsory motor liability insurance policy, or vehicle insurance policy, and not for the unwillingness to hand them over to law enforcement officials. The absence of direct guidance in the laws does not prevent the inspector from bringing the driver to justice if he wishes. He can charge him with disobedience to a lawful request of a law enforcement officer, mentioned in Article 19.3 of the Code of Administrative Offenses of the Russian Federation. It provides for the following sanctions:

• Fine in the amount of 500-1,000 rubles;
• Administrative arrest for up to 15 days.

Theoretically, the driver can prove that the Rules are not a law, but a by-law, therefore the application of Article 19.3 of the Code of Administrative Offenses in relation to their non-compliance is incorrect. This will need to be done in court with the assistance of an experienced lawyer, which automatically means a considerable expenditure of time, money and effort.

Conclusion

The current Rules oblige the driver to hand over documents to traffic police officers. This is necessary so that the inspector can assess the authenticity of the papers and check their contents. Failure to comply with this provision may result in a fine or administrative arrest. To face unnecessary problems, drivers should follow the law but take precautions.

avtoexperts.ru

It would seem like a rather banal question, but why did it suddenly arise? What terrible thing can happen if you give your rights into the hands of a police representative? Unfortunately, it's not that simple. There are also such unscrupulous traffic police officers, when meeting with them, documents (for example, a power of attorney) disappear in an unimaginable way.

So, the standard situation is that you stop at the request of an inspector and hear the familiar phrase: “Show your documents.” What to do? Show it from a distance, through glass, or give it into your hands?

What does the law say?

We open the Rules and read clause 2.1.1, which states that the driver is obliged to transfer (and not present) the required documents to the traffic police officers for verification. It follows that by showing your driver's license from a distance, you are thereby violating this requirement.

The inspector must verify the authenticity of the documents presented, and this can only be done tactilely. You do the same thing, for example, with banknotes, when you check whether they are counterfeit: look at the light, feel the perforation, the thickness of the paper, the presence of a hologram, etc.

If you have concerns about the safety of the documents presented, follow our recommendations. Firstly, before you give up your rights, make a similar request to a traffic police representative. According to the traffic rules, the inspector is required to show a certificate upon request; Please note: show them, but do not give them to the driver.

Secondly, hand over your documents in the presence of a witness or record your dialogue using any recording device (dictaphone, video recorder). Do not forget to say out loud what documents you are submitting to the inspector. And be sure to mention that the documents were given without visible damage.

If you are still concerned about the safety of the documents presented, use the already popular gadget - an anti-corruption document clip. There is no legal ban on its use yet. And everything that is not prohibited by law is permitted.

Is it possible to stop a vehicle?

Another issue is the legality of stopping a car to check documents. According to the new 185th regulation of the Ministry of Internal Affairs, stopping a moving car specifically to check documents is permissible only at stationary traffic police posts, control posts and checkpoints. Stopping the car outside the listed places is allowed only in case of emergency special events.

The same order clearly regulates the list of grounds for stopping a vehicle. These include, in particular, violation of the current Rules. Therefore, if you were “slowed down” not at your post, the inspector must immediately state the essence of the claims against you and provide a link to the paragraph of the Rules that you violated. And in order to simply “look” at documents, a traffic police inspector has no right to stop you on the city streets. Unless, as we said, there are some special events going on.

But, referring to the conduct of various raids, traffic police officers are often disingenuous. Therefore, if you doubt the legality of their actions, call the traffic police duty station and check whether any activities are being carried out at this post.

If, nevertheless, you were stopped in the wrong place and the sacramental “document check” was given as the reason, you can:

1) Refuse to present the required documents due to the illegality of the actions of the traffic police officer.

2) Present documents, but when drawing up a protocol, indicate in writing the illegality of the employee’s actions.

When handing over documents to the inspector, you have the right not to leave the car. However, do not forget that in the following cases you are obliged to leave the salon:

• Signs of intoxication of the vehicle driver;

• Vehicle inspection and the need for personal inspection.

Driver's responsibility

And now it is worth mentioning the responsibility for refusing to provide the required documents. Article 12.3 of the Code of Administrative Offenses provides for administrative punishment for the lack of a driver’s license, and not for refusal to hand over the document to the inspector. Therefore, if a protocol is drawn up, references to this article can be considered unlawful.

However, an experienced employee may well charge you with “disobedience to a legal requirement.” Delving deeper into legal norms, it should be noted that the Rules are a by-law. Simply put, traffic rules are not law. But in the event of a conflict, you will have to prove the legality of the Rules in court. In addition, there is Article 27.12, according to which the inspector has the right to remove you from management if you do not have documents.

Summarizing all of the above, we can summarize: the driver is obliged to hand over documents for verification, and not show them from his own hands. You should not try to compete with the inspection officer in eloquence and bring the matter to court. It is better to immediately obey the legal requirement!

Iron arguments. Is the driver required to hand over documents to a traffic police officer?

The question of whether a driver is obliged to hand over documents to the traffic police officer who stopped his car worries many. A conscientious motorist, of course, has nothing to fear. If he has no outstanding fines and has not violated anything, then checking his documents is an empty formality. Another issue is that inspectors are not always conscientious. So, sometimes there are cases when a document handed over to a traffic police officer mysteriously “disappears”, and the driver is forced to pay a fine, and then also restore the papers at his own expense.

What to do?

So, don’t give the documents to the inspector and only show them from a distance, through the window? What if he directly demands to give them to him? Refuse? Wouldn't this be qualified as a refusal to comply with a lawful request of a police officer and wouldn't it lead to additional problems? Is the driver obliged to provide documents when following the order of a traffic policeman?

So, let’s imagine: a traffic police inspector stops you, introduces himself in full form, and demands that you present documents. If we turn to the Rules of the Road, namely to paragraph 2.1.1, which regulates the general duties of drivers, it becomes obvious that he is obliged to hand over, and not present, all the necessary documents to the traffic police officer.

That is, you cannot show your license through the car window; this is a violation of the law. They must be handed over to the inspector personally. The traffic police officer must determine the authenticity of the documents presented, and he can do this tactilely, that is, by touch. In addition, in some cases it is necessary to carefully examine the numbers in order to check the driver and the car he is driving against a special database.

However, the traffic police inspector cannot take the license into his car or to the post to draw up a protocol or to carry out an inspection. If you follow the letter of the law, then the traffic police officer can only invite the driver to leave his vehicle and proceed with him to the official car or to the office premises, where all the necessary paperwork is already completed. The driver has the right to disagree. And since filling out the protocol must take place in his presence, the traffic police inspector will have to carry out all procedural actions on the spot.

However, you need to remember that in three cases the driver is still required to leave the vehicle:

• if he shows signs of alcohol or drug intoxication;
• if the vehicle or trailer is faulty;
• if an inspection of the car and the driver personally is necessary as part of a special operation.

Also read another article about how to avoid getting scammed at a car service center.

How to protect yourself?

So, the question of whether the driver is obliged to hand over documents to the traffic police inspector no longer arises. According to traffic rules and generally accepted practice, I am obliged. Of course, you can challenge this point of the Rules, like any other, in court. However, it is easier to take preventive measures to protect yourself from fraud by road inspectors.

In general, the scheme looks like this.

1. According to the Law “On Police”, when stopping a vehicle, an inspector is obliged to introduce himself and explain the purpose of his appeal. If he did not do this, then the driver has the right not to continue the conversation.
2. When asked to present your license, policy, etc. the motorist may ask the inspector to show his service ID, which the driver does not have the right to pick up, but can freely copy down all the necessary data or dictate it to a recording device.
3. When talking with an inspector, you can turn on a voice recorder or video recorder to record the entire process, and it is not necessary to warn the law enforcement officer about this.
4. If recording is being carried out, then when transmitting documents you need to clearly pronounce their names out loud. It must also be indicated that they had no visible damage.
5. After returning, it is necessary to record the quantity and condition of the papers returned.

It’s good if a passenger is present when handing over documents. Contrary to popular belief, he is excellent as a witness since he is not an interested party. His testimony will definitely be taken into account if the matter comes to trial, even if he does not know whether the driver is obliged to give documents to the inspector.

Find out how to collect documents for the transportation of goods in another article.

In addition, all documents can be secured using a special anti-corruption clamp. This device secures them tightly in a single bundle, and without opening the lock it is impossible to remove or add anything. According to the law, such clamps are not prohibited; on the contrary, their development was once initiated by the leadership of the federal traffic police. The inspector's demands to open the clamp and hand over the papers to him separately are illegal. He may well look at them anyway; this issue is not regulated in any way in the Regulations.

What documents should I give?

The question of whether the driver is obliged to hand over documents to the inspector under the Code of Administrative Offenses has been clarified, but it is important to know which documents the driver must hand over to the inspector. These include:

• driver's license (if it is not available, a temporary permit);
• registration documents for the car and trailer (if used);
• a valid MTPL insurance policy;
• waybills, cargo invoices, etc. - when carrying out professional activities.

Requesting other documents, such as a passport or medical certificate, is illegal. Also, in 2016, you do not need to present a vehicle inspection certificate or power of attorney. In the latter case, it is necessary that the details of the person currently driving the vehicle be entered into the MTPL policy.

When should you stop?

Not all drivers know that, in accordance with innovations in the legislation, traffic police inspectors cannot stop just like that, “to check documents.” According to changes in the 185th order of the Ministry of Internal Affairs of the Russian Federation (aka “Administrative Regulations”), inspection officers can stop any vehicle to check documents exclusively at stationary traffic police posts and checkpoints. Just like that, on the street, just to check for license and insurance, traffic police officers no longer have the right to do this.

However, there are three exceptions to the rule:

• if traffic police officers carry out operational activities;
• if the driver violated traffic rules;
• if the driver is under the influence of alcohol or drugs.

If the traffic police carry out special measures, the traffic police inspector must notify the driver about this. He has the right to call the territorial traffic inspectorate or the police duty station and make sure that such events are actually being carried out. If the fact is not confirmed, then the stop is considered illegal, and the driver is not required to present anything to the police officer.

If the police officer claims that the motorist violated traffic rules, he must present evidence, for example, witness statements. Only in this case can he demand to see the documents.

If the driver is drunk, then the traffic police officer has the right to prevent him from driving at all.

What to do if you do stop?

If the inspector, having stopped the driver in an arbitrary place, still insists on presenting documents, then he can obey, but when drawing up a protocol he has the right to point out the illegality of the policeman’s actions. Experienced drivers suggest that this is a much better solution than trying to challenge the inspector’s actions, pointing out their illegality. An angry traffic official may accuse such a driver of disobeying a lawful order of a police officer. And it is better to avoid escalation of the conflict in this situation.

Is the driver required to open the trunk? Read here.

Thus, when answering the question whether a driver is required to hand over documents to a traffic police officer in 2016, you need to remember:

• documents must be handed over, and the entire dialogue with the inspector can be recorded on recording devices;
• checks of papers are carried out only at checkpoints and checkpoints, in exceptional cases - on city streets during emergency measures;
• The traffic police officer has the right to demand only those documents that are established by the Administrative Regulations.
• the driver may not get out of the car when talking with the inspector, unless he is drunk, the car has no visible damage and no special measures are being carried out;
• the driver has the right not to comply with the illegal demands of a police officer, and if forced to comply, he must record this in the protocol.