How should a traffic police officer introduce himself?

Responsibilities of a traffic police inspector when stopping a vehicle

For every driver, being stopped by a traffic police inspector on the road is an unpleasant moment. The fact is that we simply do not know our rights and responsibilities of the police on the road, so we are always afraid of getting certain unpleasant moments from communicating with employees of this service. In fact, it is worth studying the laws related to the relationship between the police and the citizen, since in the future the development of the rule of law implies many important subtleties, in particular, interaction with the police will become a normal process. Therefore, you need to stop being afraid of every meeting with the traffic police and perceive the wave of a striped stick in front of your car as an opportunity to communicate with a person and expand your circle of impressions.

Your encounter with a police officer can only be unpleasant if you have broken the rules. If there are no violations, you can completely get rid of fears and get completely adequate opportunities to communicate with the inspector. Therefore, first of all, for calm communication in the traffic police, you should stop violating traffic rules. In our country, more and more traffic regulation is carried out by radars and cameras, so it is completely unprofitable to violate them today. As you can see in practice, breaking the rules does not win you either in terms of time or money. Therefore, be careful and remember a few simple rules for meeting a police officer.

The main responsibilities of a traffic police inspector when stopping a car

First of all, no matter what happens, and no matter the reason for the stop, the inspector must introduce himself. You can ask for the last name and title, and also rewrite the ID number if you need it. A police officer is required to present his identification upon request. The driver has the right to remain in the car until the police officer asks him to leave for certain check procedures. Handing over documents to a police officer is a legal requirement, contrary to the arguments of many pseudo-lawyers. The inspector's responsibilities also include the following:

polite communication with the driver, absence of raised tones and vocabulary tinged with negative emotions;
preventing illegal actions (for example, secret filming is illegal, but with a warning from the inspector everything becomes legal);
compliance with the procedure for checking documents and the absence of artificial delays in the execution of checks;
warning about violations committed or other problems that exist with the vehicle or the driver;
inviting the driver to sign a protocol on violating traffic rules (you can do this right in the car.

You may be asked to get out of the car only if the inspector suspects extremely unpleasant violations. For example, to obtain the grounds for a medical examination, it is necessary to ensure that the driver may be intoxicated. Traffic police officers also ask to get out of the car if the description of the vehicle matches the vehicle they are looking for. If you did not violate anything and did not steal the car, you can safely get out of the car and prove that the inspector is wrong. But it’s better to avoid rudeness, since the rights of the police have been significantly expanded in recent years.

How can a traffic police inspector conduct a vehicle inspection?

One of the most notorious violations of the police on the roads is conducting a vehicle search. Many drivers intuitively understand that the police have no legal opportunity to just look at their trunk. But ignorance of the laws forces you to silently open the trunk lid every time and show all its contents. Traffic police inspectors do have every right to demand an inspection of the trunk, but in this case it is necessary to follow a certain procedure that guarantees your safety. Perhaps you are carrying very valuable things, and the inspector will be greedy and want to steal them. The inspection procedure is as follows:

the inspector forms a normal reason for the search, in particular, there is a search for a car of your brand or there is an indication of the transportation of drugs;
two witnesses from among passers-by are invited, but not police officers or friends of the inspector (they could be your fellow travelers);
the trunk is opened by the owner of the car, the inspector is at arm's length from the car;
the inspection takes place only from the side, the policeman does not have the right to put his hand into the trunk and move certain things there;
a traffic police officer may ask the driver to move or turn over any items in the trunk;
the policeman also has the right to ask to raise the false floor in order to examine the spare tire storage area;
Based on the results of the search of the trunk, a document must be drawn up - an inspection protocol.

If, with all this, the inspector suspects that you are transporting prohibited goods, he has the right to arrest you until the circumstances are clarified, call the police rapid response team and add problems to your life. In the protocol, the inspector describes the inspection process and concludes that no suspicious items were found. If a protocol has not been drawn up, or the search was carried out with violations, you can file a complaint against a specific traffic police officer. However, this will not give you anything pleasant either.

What to do if a traffic police officer behaves in an unacceptable manner?

Particularly important is the question of what to do in the event of hazing behavior by a traffic police inspector. Every day new videos appear on the Internet with police officers who stop cars while drunk, without documents or patrol orders, as well as in personal cars and without batons, with complaints and without statutory representation to the driver. Inspectors use intimidation methods and other unpleasant situations, which often make the driver get scared and follow all the instructions of the traffic police officer. In this case, you need to do the following:

politely warn the police officer that he is violating the relationship between the police and citizens described in the law;
if possible, record his conversation on a recorder or mobile phone, having previously warned him about it;
close the doors and windows of the car to avoid aggressive behavior on the part of an inadequate inspector;
call the traffic police hotline number (495) 694-92-29 and report the current situation;
a patrol service will arrive at the scene and quickly figure out who is to blame for the current situation and why;
be sure to wait for the arrival of the police officers, not allowing the inadequate inspector to approach you;
upon arrival of the service, describe all events and show video or include audio in the recordings of those events.

All this will help you easily obtain the necessary legal protection against illegal actions. But be careful. If the inspector behaved quite adequately, and you simply decided to avoid legal punishment and slander a traffic police officer, such behavior will be adequately punished. It is better to use the traffic police hotline in obvious cases of pressure and demands for a bribe. In this case, you still will not escape punishment for the violation committed, but you will be able to protect yourself and other drivers from the actions of an inadequate inspector. Here is a typical example of the extremely clever and not entirely legal behavior of a traffic police inspector:

Let's sum it up

The normal attitude of the police towards drivers today is much more common than the incredible rudeness and begging that took place earlier. Today the police are intimidated by the abundance of cameras and other means of recording; harsh dismissals when demanding a bribe are one of the most important unpleasant moments in the service. Therefore, in most cases the traffic police tries to behave normally. If you encounter an exception on the road, let the inspection hotline know about it. This is the only way to cure DPS from rudeness and disgrace with your own hands. However, there are still a lot of such unpleasant manifestations left there.

If you want to completely protect yourself from the arbitrariness of the traffic police, do not break the rules. When you are confident that you are right, even the most skilled bribe demander will get what he deserves. But for this you need to know the traffic rules well, and also understand all the circumstances of a possible fine or confiscation of rights for a certain period. Knowing your responsibilities is as important as the responsibilities of a traffic police inspector. When was the last time you had an unpleasant meeting with traffic police officers, and has anything really changed in recent years?

The main mistakes of a driver after being stopped by a traffic police inspector

Traffic cops are a special category of people! You need to be polite and firm, persistent and delicate with them. You should know the dos and don'ts when dealing with people in uniform.

For many drivers, contact with a traffic police officer is akin to micro-stress, even if the documents for the car are in perfect order, the traffic rules have not been violated, and there are no unpaid fines in the form of a debt yoke. People often panic, or, on the contrary, show aggression and make mistakes. Which?

Just no rudeness!

Rudeness, even if unintentional, is the first thing that can prolong communication with a traffic cop. “Commander, what is it? I’m in a hurry, I didn’t violate it!” – after this phrase said in the hearts, you can consider that you have “arrived.” There is a possibility that the inspector will not like what you said very much, and out of spite he will begin to waste time, deliberately slowly checking the documents and reading every letter. And then he’ll look into the trunk. History knows similar cases.

Shall we decide everything on the spot?

Did you violate it and want to, so to speak, make amends financially? Then remember - giving a bribe to an official is punishable by a fine in the amount of up to five hundred thousand rubles, or in the amount of wages or other income of the convicted person for a period of up to one year, or in the amount of five to thirty times the amount of the bribe, or by correctional labor for a period of up to two years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or forced labor for a term of up to three years, or imprisonment for a term of up to two years with a fine in the amount of five to ten times the amount of the bribe or without it.

Patrol cars have video recorders, and traffic cops have personal video recording equipment. Smile, you are being recorded on camera!

I believe you, you don’t have to introduce yourself!

After the stop, the traffic police inspector must follow the procedure - clearly and clearly introduce himself, stating his position, as well as the reason for the stop, and, at the request of the citizen, present his official identification. Some drivers, seeing the wave of a striped stick, on “autopilot” reach into the glove compartment for documents, without listening to the words of the inspector, much less demanding to present a certificate. It seems to us that if you politely and calmly ask the employee’s name and position, this will become a subtle hint that you are calm and legally competent.

It would not be superfluous to require an identification also because there are scammers on the road who are not related to law enforcement agencies. So pay special attention to your badge and ID.

Leave or stay?

The inspector asked you to leave the car and go into the patrol car, and did you agree?

Error! The traffic cop can only ask, and sitting in the car or being outside is the driver’s personal business. Paragraph 93 of Order No. 664 of the Ministry of Internal Affairs of the Russian Federation, which came into force on October 20, 2017, states that an employee has the right to offer a road user to get out of the vehicle in certain cases:

the driver has signs of intoxication and (or) illness

to conduct a personal search, inspection or search of a vehicle and cargo

to carry out, in the presence of the driver (vehicle owner), verification of the numbers of units and components of the vehicle with the entries in the registration documents

when his participation is required in the implementation of procedural actions, as well as in providing assistance to other road users or police officers

the need to eliminate a technical malfunction of a vehicle or violations of cargo transportation rules

when his behavior poses a threat to the personal safety of the employee

It is necessary to get out of the car only in the following situations:

Administrative protocol on detention on the basis of Article 27.4 of the Code of Administrative Offenses of the Russian Federation

Protocol on inspection of a motor vehicle based on Article 27.9 of the Administrative Code of the Russian Federation

Protocol on removal from driving a car on the basis of Article 27.12 of the Code of Administrative Offenses of the Russian Federation

Video? We're not in Hollywood!

We encourage both motorists and motorcyclists to purchase a dash cam at the first opportunity. Firstly, if something happens, the device will help you when analyzing an emergency situation - back in the spring of 2016, Russian President Vladimir Putin signed a law according to which courts are required to accept photo and video recordings as mandatory evidence when considering administrative cases.

Secondly, the registrar’s lens aimed at a traffic police officer has a sobering effect and discourages thoughts of profit and illegal actions. Checked! If the discussion is taking place outside the car, then use the camera on your smartphone. Just in case.

Do it the way I want!

The inspector may ask where you are going or how you are feeling, hinting at the possible use of alcohol. Sometimes there are rather strange requests to stick out your tongue: seeing a white coating, a traffic cop may mistake you for a drug addict, although the reasons for this feature may not be socially condemned. You have the right not to react to all these questions and wishes, or to briefly say that you feel great and are sober as glass.

Search? Inspection? Who cares?!

There is a difference and ignorance of it can create an unpleasant situation. Inspection is a visual examination of the vehicle and cargo without the participation of witnesses and, most often, without the use of technical means. And yes, the inspector has the right to conduct it. A sufficient basis for inspecting vehicles and cargo is the mere suspicion that they are being used for illegal purposes.

“In this case, the driver is invited to voluntarily provide the police officer with the opportunity to visually inspect the vehicle and the intended places for transporting cargo, which are structurally intended for this (the trunk and glove compartment of a passenger car, the body of a truck, etc.). The results of the inspection are reflected in the report, which is drawn up in any form. If the driver refuses to voluntarily provide the opportunity for a visual inspection of the vehicle and cargo, if there are appropriate grounds, the police officer has the right to conduct an inspection,” the explanation says. Unlike an inspection, an inspection of a vehicle is carried out either in the presence of two witnesses or using video recording. So attempts to be rude to the inspector and prove the illegality of his actions are fraught with a transition to another “level”.

Rights and responsibilities of a driver when a vehicle is stopped by a traffic police officer 2019

Traffic police officers (traffic police inspectors), being officials in their execution, have clear rules of action described in Order of the Ministry of Internal Affairs of Russia No. 664 of August 23, 2017.

Based on this Order and other regulations, we will consider several important issues related to the activities of road inspectors - rules for stopping moving vehicles, a list of situations in which traffic police officers have the right to require the driver to get out of the car, a list of documents that they can check during a stop vehicles, as well as a number of other rules governing communication between the inspector and the driver on the road.

Who has the right to stop cars and where?

In accordance with the Traffic Rules, only traffic controllers have the right to stop vehicles. In the case of trucks and buses carrying out international passenger transport, this may also include employees of the Federal Service for Supervision of Transport. Traffic controllers are required to present their official identification cards upon driver's first request.

But who can act as a regulator ? Not all drivers know, but we are talking not only about traffic police officers (police officers), but also about employees of the military automobile inspection, about employees of road maintenance services, as well as about those on duty at railway crossings and ferry crossings .

If the traffic controller gives a sign indicating a request to stop, then this must be done exactly in the place he pointed to (plus or minus a couple of meters). Even if it is prohibited to stop in this place according to the traffic rules. However, if this is possible, you should always choose a place where parking will not interfere with other road users (pedestrians, drivers), creating an increased likelihood of an accident.

If the traffic controller gives a stop sign, but does not indicate a specific place, you should stop in such a way as not to violate traffic rules.

In accordance with the Administrative Regulations of 2019, traffic police officers have the right to stop cars to check the driver’s documents in any place, not only at stationary traffic police posts.

Rules for stopping a driver by a traffic police officer

An exhaustive list of grounds on which traffic police officers have the right to stop vehicles in 2018 is set out in paragraph 84 of the Administrative Regulations (Order No. 664):

Violation of traffic rules by the driver (recorded visually by an inspector or using technical means; violations recorded by cameras are a separate topic.);
The presence of any evidence that the driver or passengers may be involved in a traffic violation, crime or administrative offense;
Availability of information that the car is being used for illegal purposes or is stolen;
The need to interview the driver or passengers. If they are or have been eyewitnesses of illegal actions;
The driver or passengers must be involved as witnesses;
There is a need to use the vehicle (temporary seizure);
It is necessary to temporarily limit or completely prohibit the movement of vehicles;
It is necessary to ensure fast and safe passage for special vehicles;
Unimpeded passage of ambulances and emergency services vehicles;
It is necessary to involve the driver or passengers in assisting road users or traffic police officers;
Carrying out measures to prevent road accidents and reduce the severity of their consequences;
Technical malfunction of the car, which can lead to an accident and other consequences dangerous to the life and health of people;
Verification of documents (driver’s license, vehicle license, right to drive it, as well as cargo transported);
Checking the documents of the driver and passengers if there is a suspicion that they are wanted or have committed any crime (or are suspected of an administrative offense).

In what cases is it necessary to present documents?

As already mentioned, of all the traffic controllers, only traffic police officers (traffic police, traffic police) have the right to demand documents from drivers. But what documents exactly do traffic police inspectors have the right to demand? There are only five types of such documents (clause 2.1.1 of the traffic rules):

A permanent or temporary driver's license (with open categories and subcategories corresponding to the type of vehicle);
STS, that is, a Certificate of registration of the vehicle with the State Traffic Safety Inspectorate (except for mopeds and trailers);
Documents allowing the transportation of passengers and cargo by passenger taxis, as well as waybills, license cards and cargo documents. If bulky, heavy or dangerous goods are transported, then other documents required by law are required;
Certificate of disability (for drivers whose cars have a special sign “Disabled”);
MTPL insurance policy (if the vehicle is subject to compulsory insurance).

It turns out that an ordinary driver is obliged, at the request of a traffic police inspector, to present only a driver’s license, STS and a compulsory motor liability insurance policy. Other documents are needed only in special cases. Separately, it is worth saying that traffic police inspectors currently do not take away drivers’ licenses for violating traffic rules. This is only possible if there is suspicion about the authenticity of this document. In other cases, rights can be lost only after the relevant court ruling is issued.

Employees of the Federal Service for Supervision of Transport have the right to require drivers to present only a license card, shipping documents and a waybill.

Rights and responsibilities of drivers when stopping

In accordance with the official regulations, after stopping a vehicle, a traffic police officer must approach it himself (the driver’s waiting time for a traffic police officer is not strictly regulated), then introduce himself (indicate his last name, first name and patronymic, rank and position) and tell about the reasons for the stop. Additionally, the inspector must outline the essence of the problem that has arisen and explain the actions that (in his opinion) the driver should take.

It is not at all necessary to hand over the documents for the car personally to the traffic police inspector; it is enough to simply show them in your hands or attach them to the glass. Road inspectors do not have the right to demand that documents be handed over. You shouldn’t even get out of the car unless there are special reasons (and desires) to do so.

Traffic police and traffic police officers have the right to demand that the driver get out of the vehicle only in strictly specified cases:

There are suspicions that the driver is intoxicated - alcohol, drugs or toxic. Or the driver, in the inspector’s opinion, looks very sick;
It is necessary to conduct a vehicle search;
The driver needs to eliminate a technical malfunction of the car or violations of the rules for transporting goods;
It is required to provide assistance to other road users or police officers;
It is necessary to check the components and assemblies of the vehicle, as well as the side numbers (in the presence of the driver);
The driver or passengers are suspected of committing a crime (traffic violation, administrative offense). Or they pose any danger to the inspector.

Features of drawing up some protocols on traffic violations

There are offenses for which traffic inspectors like to attract drivers first, or in cases where there is nothing else to “catch on to.” Therefore, it is worth knowing how to behave in such cases and try not to bring the matter to the point of drawing up a report and subsequent payment of a fine. What violations are we talking about?

Unfastened seat belt. If the traffic police inspector does not have irrefutable evidence that you were not wearing a seat belt while driving, then you can always refer to the fact that the belt was unfastened immediately after stopping. That is, during the time the inspector walked to the car. And let him try to prove the opposite;
Over speed. A technically sound radar should serve as evidence of a violation of the speed limit on the road. It should clearly show that the measured speed refers specifically to the vehicle that was stopped, and the readings themselves were taken immediately before the stop. If this data is not available, then you can safely challenge the inspector’s decision to draw up a protocol for speeding;
Dirty rooms. Although, in accordance with technical regulations, including GOST 50577-93, it is impossible to drive a car with dirty license plates, it is quite difficult to record this violation. License plates are considered unreadable if at night they are not visible from a distance of 20 meters, even in the light of a traffic inspector’s flashlight. That is, in order to issue a fine, it is necessary to create exactly such conditions. In practice, this is not always possible, so usually road inspectors, instead of issuing a fine, only ask to wipe the license plates.

How to communicate correctly with the traffic police?

The correct actions of a driver when communicating with a traffic police inspector can be summarized in the following algorithm:

If a traffic police officer gives a signal to stop, you should immediately park the car in the place indicated by him, observing all traffic rules (as far as possible);
If the road is empty and it’s dark outside, then it’s better to lock the doors and turn on the voice recorder or video camera, and then dictate the date, time and place of the stop (while the inspector is walking to the car). The use of technical means is permitted both by the driver and by the traffic police officer. In the future, a recording of the conversation may serve very well in court if the case goes that far;
When the inspector approaches the car, you should open the window slightly and remember (or better yet, write down) his full name, rank and position, as well as the badge number. The traffic police officer must talk about the reasons for the stop and the documents he wants to check;
If they want to involve the driver as a witness or attesting witness, then his rights and obligations must first be explained to him;
Make sure that the traffic police inspector speaks clearly, convincingly and without moralizing. A raised tone or irritation in his voice is unacceptable for him. If he wants to accuse the driver of violating traffic rules or the Code of Administrative Offenses of the Russian Federation, then he must certainly refer to the clause and article of the relevant regulatory act;
If a traffic police officer behaves inappropriately or violates any rules of communication with a driver, you should immediately ask him to show his official ID. The reasoning behind this is that a complaint will be filed against him. The certificate must be presented in expanded form, all data from it must be written down on paper or filmed on a camera or video camera;
If the driver wishes to file a complaint against the inspector, the latter must tell him exactly how this can be done, where his traffic police department is located and how to contact the duty officer or other responsible person (provide a telephone number). An alternative option is to independently call the traffic police trust service in your region or the single all-Russian number 8 (800) 200-53-35;
You should only get out of the car if there is a compelling reason.

It is also not at all necessary to get into a traffic police car (for example, to fill out a protocol). If you still need to get out of the car, and in addition to the driver, there is another passenger in the car, then it is better to take him with you as a witness. Let him be nearby all the time and listen to what the traffic inspector says. In most cases, this protects against illegal actions by law enforcement agencies.

What responsibilities does a traffic police officer have at the post and on the road? How should an employee and driver behave according to the law?

The duties of a traffic police inspector are regulated by law in the same way as his rights.
He is the same participant in traffic as the driver, so communication should take place on equal terms. If a traffic police officer exceeds his authority, you have the right to file a complaint , but for this, knowledge of his rights and obligations is necessary. In this article, we will look at how an inspector should behave on the road and when stopping a car, as well as the driver’s options for violating the rules.

○ What rights does a traffic police officer have?

The rights of a traffic police inspector are regulated by:

Law of the Russian Federation “On Police”.
Administrative regulations.
Order of the Ministry of Internal Affairs of the Russian Federation dated April 20, 1999 No. 297 “Manual on the work of the road patrol service...”.
Order of the Ministry of Internal Affairs dated June 1. 1998 No. 329 “On reforming the activities of the State Traffic Inspectorate of the Russian Federation.”

Based on these regulations, it is possible to determine what rights a traffic police officer is entitled to when performing his official duties.

✔ Document verification.

After stopping the driver, the inspector must:

Immediately approach the car.
Say hello by placing your right hand on the head unit and introduce yourself: give your full name, position and title.
State the reason for stopping.
Provide a service ID if the driver requests it (it is advisable to record the received data).
State the requirement for documents to be submitted for verification: without covers and without holding devices.

The stop is made for a short period of time; the inspector does not have the right to detain the driver unless there is an administrative offense.

Documents can be checked outside a stationary post for the following reasons:

Identifying signs of traffic violations.
Availability of orientation or other information about the driver’s involvement in any offense.
As part of special events aimed at reducing the number of accidents and their consequences.

✔ Involvement as a witness.

The need to involve the driver as a witness is the basis for stopping the driver.

In the cases provided for by this Code, the official in charge of the case of an administrative offense may bring in as a witness any adult person who is not interested in the outcome of the case.
The number of witnesses must be at least two. (Clause 1 of Article 25.7 of the Code of Administrative Offenses of the Russian Federation).

Attachment as a witness refers to cases when the driver must get out of the car and follow the inspector. Before this, the employee must:

Introduce yourself.
State the reason for stopping.
State a request to be called as a witness.
After drawing up the protocol, offer the document for signature.

It is important to consider that you must be the independent person regulating the legality of the employee's actions. Any demands of the inspector to provide evidence that does not correspond to reality are unlawful.

○ What are the responsibilities of the inspector?

The duties of a traffic police officer are regulated by law. The procedure is established in accordance with the Orders of the Ministry of Internal Affairs “Manual on the work of the road patrol service...” and “On reforming the activities of the State Traffic Inspectorate of the Russian Federation,” as well as administrative regulations.

The general responsibilities of an inspector are as follows.

✔ Checking orientation.

When stopping a driver, the inspector is not required to show him the orientation on the basis of which the check is carried out. But it can be used to make a request for inspection.

The inspection is carried out to check the actual contents of the car, and the inspector does not have the right to touch any things. The driver himself moves objects that interfere with the view, otherwise, this is already a search, for which there must be appropriate permission.

The search is carried out in the presence of two witnesses and a protocol is drawn up.

✔ Detention of the violator.

The procedure for detaining a vehicle and its driver is regulated by Art. 27.13 Code of Administrative Offenses of the Russian Federation. This is one of the measures of proceedings in cases of administrative offenses.

It is necessary to distinguish between the concepts of “stop” and “detention”. The second means restriction of freedom and cannot be carried out at the place of stop. The inspector is obliged to deliver the driver to a special premises of the Ministry of Internal Affairs of the Russian Federation, and the driver has the right to notify relatives. Such a request must be satisfied immediately.

Detention can last up to 3 hours; if it is revealed that proceedings are underway against the driver (for example, for failure to pay fines), then the restriction of freedom can be extended to 2 days.

✔ Interviewing eyewitnesses of traffic violations.

Attracting witnesses is an important point in the preparation of the protocol. Passing drivers can act as them. You need to know that the second inspector, as well as passengers, cannot act as witnesses.

The data of eyewitnesses is entered into the protocol. The survey must be conducted in the correct form; it is allowed to ask only the necessary information (full name, registration address, passport and contact information). Requesting any other data (for example, place of work, salary, etc.) is illegal.

○ Do I need to get out of the car if the inspector requires it?

The driver is obliged to leave the cabin only if:

He is detained for an offense.
He is removed from driving the vehicle.
The car is being inspected.

In all other cases, the inspector can only offer to get out of the car, and the driver decides whether to do this or not.

When asked to leave the car, the inspector must introduce himself and indicate the reason why this should be done.

○ Drawing up a protocol when driving a vehicle while intoxicated.

If the inspector suspects the driver of being intoxicated, the latter is asked to undergo a breathalyzer test. To do this, the inspector must:

Draw up an act of removal from management.
Bring two witnesses.
Demonstrate the results of the device to those present.
Draw up a protocol.

Failure to comply with any of the listed conditions is grounds for challenging the drawn up protocol.

○ What role does the reason for the stop play?

The reason for the stop is the basis for further actions by the inspector. For example, if this is an orientation check, he may require you to get out of the car and conduct a search. And if this is speeding, you may not even open the door and communicate with him through the slightly open window.

When stopping, the inspector must introduce himself, immediately state the reason for the stop, and only then demand documents.

○ Advice from a lawyer:

✔ What to do if a traffic police officer did not introduce himself and forcibly pulled a citizen out of the car?

This is a direct basis for a complaint against the inspector to higher management or even to court. However, this requires evidence, so immediately after stopping, it is advisable to start video recording, which will record all the actions of the traffic police officer.

✔ Is it possible to videotape inspectors’ violations?

Yes, you can. The legislation does not prohibit such actions, which means that they are possible. At the same time, you are not even obligated to warn the traffic police officer about the filming, because you are not invading his privacy.

Specialist Lezin A.V. will tell you what responsibilities a traffic police inspector has when stopping a car.

Published by: Vadim Kalyuzhny , specialist of the TopYurist.RU portal

Rules for communicating with a traffic police inspector

Many compatriots have little understanding of the law, which gives reasons for government officials to violate them with impunity, and also not to take into account the legitimate rights and interests of citizens. And if in most situations, violations of the regulations of the activities of government bodies are very rare, then almost every driver has encountered cases of unlawful actions of traffic police officers. What to do in this case?

In this case, a reminder will come to the driver’s aid when communicating with the traffic police in 2019, which discusses the basic rules for conducting procedural actions, the rules of conduct for traffic police officers, as well as the administrative regulations that guide traffic police representatives in 2019.

In this article we will look at specific situations in which motorists find themselves on the roads. In these situations, not only useful advice will be given on communicating with traffic police officers, but also special knowledge, thanks to which you can build the right tactics for communicating with law enforcement officers and avoid possible conflicts.

The driver is stopped

In accordance with the requirements set out in Order of the Ministry of Internal Affairs No. 185, as well as in Order No. 329, the grounds for which traffic police inspectors have the right to stop a vehicle include:

Visually established, or determined using special technical means, signs of violations of road safety requirements on a vehicle;
Availability of objective data (official orientation, information from third parties, other traffic police posts or duty officers) that persons in the vehicle are involved in the commission of a crime, accident or other administrative offense;
Information that the car that is stopped by the traffic police is wanted or may be used for illegal purposes;
The need to interview the driver and passengers of the car as eyewitnesses of a crime or accident in which they were present;
Involving vehicle passengers as witnesses;
The need to use a car or driver to assist traffic police officers or road users;
Checking driver's documents for the right to transport certain goods, for the right to drive a vehicle, the vehicle documentation itself, as well as documents that identify the passengers in the vehicle. Please note that communication with the traffic police regarding document verification can be carried out exclusively at police checkpoints, checkpoints or stationary traffic police posts;
Carrying out special events authorized by administrative acts of senior leaders of the Ministry of Internal Affairs and the State Traffic Safety Inspectorate, aimed at checking and identifying the drivers of vehicles and goods being transported.

Other cases of stopping

Stops in cases other than those listed are regarded as a violation of official discipline, in accordance with the “Instructions for the traffic police service of the traffic police.” According to this document, stopping and checking documents, as well as other actions not motivated by the above points, are carried out outside the area of responsibility of the traffic police post.

The driver was stopped

How should communication with traffic police officers proceed in the event of a vehicle stop? According to paragraph 67 of Order No. 185, as well as Chapter 4 of Order of the Ministry of Internal Affairs No. 6, after stopping, the traffic police inspector is obliged to approach the car, introduce himself (indicate his full name, as well as position and rank), briefly explain the reason why the vehicle was stopped , and also explain the essence of the problem and the necessary actions on the part of the driver.

When checking documents, it is not necessary to hand them directly into the hands of the inspector - it is enough to just show them (for example, attach them to the glass), and if it is required to hand over documents, you can refute such requirements on the basis of the above-mentioned Orders. After checking your documents, you should not run after the inspector to “chat” in a company car: getting out of the vehicle is the right, not the responsibility of the driver .

In accordance with clause 70 of Order No. 185, as well as clause 18.4 of Order No. 6, the traffic police inspector has the right to require the driver to exit the vehicle in the following cases:

Eliminate existing faults that exist on the vehicle, or eliminate existing violations of the rules for transporting goods.
If there are grounds to conclude that the driver is intoxicated (toxic, alcoholic or narcotic), or if there are signs of a painful condition.
Carrying out an inspection of components and assemblies on the vehicle, as well as vehicle registration numbers in the presence of the driver.
If it is necessary to conduct an inspection of the vehicle.
In case the driver or passengers are suspected of committing a crime and/or pose a danger to the traffic police inspector.
If necessary, provide assistance to either police officers or road users.

Video: Lawyer on the rules of communication with traffic police officers

A protocol is drawn up against the driver

The most controversial, confusing and incomprehensible procedure for many motorists is the registration of an administrative protocol. Here you also need to know how communication with traffic police officers goes.

There is a little trick in administrative law that plays into the hands of the driver - the presumption of innocence, according to which no one can be guilty until his guilt is actually proven (in accordance with the basic provisions of Article 49 of the Constitution). The driver must demand direct evidence of his own guilt in any case, regardless of the violation - be it crossing a double line or hitting a pedestrian. We must remember the main rule: whoever accuses proves the guilt of the accused.

Often, when drawing up an administrative protocol, inspectors require drivers to either get into their official car, or go to a “glass” or picket - this does not have to be done, since such an obligation is not assigned to drivers. There will be an obligation only if a protocol of the person’s detention is drawn up, in accordance with the requirements of Art. 27.3 Code of Administrative Offences. We emphasize that the detention of a person can only be carried out in isolated, exceptional cases. And the administrative protocol, its form, content, all information and rules for filling out are determined by Art. 27.4 Code of Administrative Offences.

It is necessary to remember the following tips when filling out the protocol:

The driver’s explanations and signature are his right, but again not his obligation. Therefore: the driver must carefully read the protocol, find the line where it says “Signature of the violator,” and then you need to cross out the word “violator” and write the word “driver” over it. This is an important nuance - the driver thereby denies that he is a violator.
It is imperative to write “disagree” in a free space in the protocol - later, when considering an appeal against unlawful actions of a traffic police officer, it will be clear that the driver did not agree with the actions of the inspector from the first minutes.
The driver must be given a copy of the completed protocol, after which, in the traffic police officer’s protocol, it is necessary to leave the note “I require legal assistance” (in accordance with Article 25.5 of the Administrative Code). Such a mark can be placed on any protocol - this action will help the driver to appeal the decision on the protocol at a later time. And, as a rule, this record, when considering a case in court, allows you to cancel the decision of a traffic police officer due to a violation of the rules of procedural actions.
To prevent random persons from appearing in the “witnesses” column who were later brought in by the inspector, it is necessary to put a broad stroke in the empty column .

One of the most important conditions that complements the rules of communication with a traffic police officer: you should not succumb to any provocations from police officers. The driver must remember that about 80% of all protocols drawn up contain significant violations of the Code of Administrative Offenses, so in most cases the driver must prove only his position.

Protocol for speeding

As we have already noted, traffic police inspectors must prove the driver’s guilt, but not the driver’s own innocence. You should remember this main secret of communicating with the traffic police and no problems will arise.

As for drawing up a protocol for speeding, you should be guided by the following rules: the radar with which the car’s speed was measured must demonstrate that this speed belongs to the stopped driver and the indicators were taken just before the stop. In other cases, when traffic police inspectors show a “hairdryer” with incomprehensible numbers, you can safely challenge the protocol.

Protocol for dirty signs

In principle, it is impossible to draw up a protocol on the offense, since the offense itself and its key factor - guilt, did not exist. Of course, in accordance with GOST 50577-93, you cannot drive a vehicle whose license plates at night are not visible from 20 meters when illuminated by an inspector’s flashlight.

But in order to record this violation, it is necessary to create conditions close to the specified ones, which is never used in practice. Therefore, in practice, the driver is usually asked to simply wipe the license plates and is not issued fines.

Protocol for not wearing a seat belt

The traffic police inspector has run out of arguments? Then the last chance is to charge the driver for not wearing a seat belt. You can give a simple and reasonable answer to this: “you cannot drive a vehicle without fastening your seat belts while driving, and I, as a driver, literally just took off my seat belts while you were approaching me .

We can draw the following conclusion: almost any situation that arises on the road requires evidence from traffic police inspectors. Drivers are in most cases protected by law, but have no idea how to exercise their rights. Note that in the last few years, important changes introduced by Order No. 185 give more rights to drivers, and if they have knowledge of previous Orders and job descriptions, the driver can skillfully communicate with representatives of the traffic police, while avoiding conflict situations and not losing own money.