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What documents does the traffic police inspector have the right to require?

What documents should the traffic police inspector who stopped me have?

What documents should the traffic police inspector who stopped me have (meaning documents that he must present upon the driver’s request).

The question is answered by legal specialist Alexander Mamaev, Law Center “Pravoved” company.

When stopping a vehicle or pedestrian, the employee, at the request of a road user, is obliged to present an expanded service ID without letting it go.

Also, the driver of a car stopped outside a stationary traffic police station has the right to demand that the inspector present a work order for patrolling (work) on this section of the road.
There is one thing: the traffic police inspector is not required to present this document. Moreover, an offense, even discovered outside the patrol route, does not cease to be an offense, so the lack of documents for traffic police inspectors to patrol this section of the road cannot serve as a basis for exemption from liability.

If the reason for stopping for violation of the speed limit is based on radar readings, the driver has the right to demand that originals or certified copies of documents for this device be provided to him.
The device verification certificate must indicate the device number, error, temperature conditions for use of the device and the validity period of this certificate, and there must be a stamp on the device.
It is worth saying here that in practice, even if the driver was not presented with documents for the radar, but in fact they are and the traffic police will present them in court, this does not give the driver anything.

If the situation requires the use of physical force, special means, or firearms, the traffic police officer has the right not to present his official ID.

Read the lawyer's explanations of other popular questions from motorists here >>>>>>>>.

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.

Is the driver required to present documents to the traffic police inspector?

If a traffic police officer stops you outside a stationary traffic police post and demands to show your documents, it is important to know the grounds for such an action and present an algorithm of actions if the inspector violates the driver’s rights. It is also worth knowing the difference between “show” and “transmit.” These and other points require more detailed consideration.

Do I need to hand over documents to a traffic police officer?

The first step of the traffic police inspector after stopping the driver is to check the availability and composition of documents for the car and the right to drive the vehicle. Drivers have a reasonable question: why hand over documents at all if showing them is enough. It is important to consider a number of points here:

  1. It is not recommended to transfer your license and registration certificate directly into the hands of a traffic police inspector outside a stationary patrol post. If a traffic police officer makes such a demand, his action is illegal. If the requirement is ignored, the authorized employee may believe that the driver has something to hide. As a result, he continues to look for other violations to hold the person accountable.
  2. Sometimes a traffic police officer takes documents for transport and a car, after which he keeps them for a long time. Such an action is considered direct abuse of official position.
  3. It happens that a person in a hurry forgot to take some of the documents with him. In such circumstances, it is important to know the theoretical basis in order to protect personal interests when communicating with the inspector.
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What does the legislation say?

The laws of the Russian Federation address the issue of checking driver documentation. The main document that is emphasized when considering the nuance is the order of the Ministry of Internal Affairs numbered 664, issued on August 23, 2017. The process and grounds for checking the driver’s documents are described in detail here. Of greatest interest is Article 106, which specifies the reasons why a traffic police inspector has the right to request driver’s documents. If a traffic police officer makes such a demand without having any grounds for it, such an action is illegal.

Reasons for stopping include:

  • The inspector determined that the traffic participant was deviating from the traffic rules. The main reason for stopping and checking documents is usually considered to be the driver’s deviation from the requirements of traffic rules. If there is such a fact, the person driving is obliged to submit documents for consideration. But this does not apply to situations where a traffic police officer “invents” a violation in order to punish the driver with a fine.
  • Orientations confirming a violation of traffic rules by a specific vehicle or the commission of a criminal act. A stop is also possible if there is suspicion that this particular car is wanted for theft. In most cases, it is this reason for the stop that is voiced by the traffic police officer. If the traffic police officer refers to the orientation, the driver may demand to show it, and then the inspector finds himself in an uncomfortable situation. In this case, the stopped person has the right to dial the number of the duty station and receive information about the availability of a specific orientation.

The above possibility is specified in Article 52 of the Order. It states that the traffic police officer, at the request of the driver, is obliged to provide the location and telephone number of the traffic police unit or the telephone number of the local branch of the Ministry of Internal Affairs of the Russian Federation at the regional level (where the stopping officer works).

  • Implementation of measures aimed at preventing accidents. As in the case discussed above, you can find out the number of the duty station, then dial the number and receive confirmation of this information. If the other end of the line confirms that such events are taking place, the person driving is required to show documents.
  • Engaging a driver as a witness or using a vehicle.

What should a driver do if such a situation arises?

Knowledge of the theory allows a person to protect his rights and feel confident when communicating with a traffic police officer. It is easier for the driver to answer the inspector without breaking the law. As for the detailed algorithm of actions, it looks like this:

  1. Let us clarify on what basis Article 106 of Order No. 664 puts forward the inspector’s requirement to verify documents.
  2. If the requirement is ignored (the traffic police officer does not give reasons), the driver has the right not to present documents. If the inspector insists on this, we ask for the number of the duty station where the traffic police officer serves, or call the hotline. In the second case, you need to dial 8-800-222-74-47.
  3. In the event that a traffic police officer points out a traffic violation that did not occur, it is necessary to require proof of this fact. If it is available, the driver is required to present documents.
  4. In a situation where a traffic police officer talks about the presence of an orientation or other event, we check the telephone number of the duty station, dial the specified number and confirm this fact.
  5. If the inspector violates the driver's rights, we act in the same way as in the case discussed above - we call the duty station and report the illegal actions of the traffic police officer.

Knowledge of the rules discussed above allows the driver to protect his rights during document verification. But here it is important to immediately assess the inspector’s behavior in order to determine the right strategy.

Memo to the car owner: driver’s rights before a traffic police officer in 2019

Not all drivers who are stopped by a traffic police inspector know their rights and responsibilities. And this is precisely what gives inspectors a reason to violate drivers’ rights. What to do in this case? What measures need to be taken? In this case, the driver can use the memo, which contains the driver’s license in front of a traffic police officer 2019. Knowing them, every driver can safely act on the road whenever stopped by a traffic police officer.

Legislative regulation and reasons for stopping

What grounds must an inspector have so that he can stop a driver? All these grounds are listed in Order of the Ministry of Internal Affairs No. 664 (which replaced the old order No. 185). If we talk about the old order and the new one, then there have been no major changes. Basically, all amendments are spelling in nature; the reasons for stopping and the rights of drivers remain the same. The only change that might be interesting concerns the judges. But we mainly consider standard cases of stopping drivers.

  1. If it is established visually or determined using special technical equipment that there are signs of violations of road safety rules on the vehicle.
  2. If the inspector has objective data that the person in the car is involved in the commission of a crime, a traffic accident or an administrative offense. Data to the inspector can come from other traffic police posts, from third parties, and orientation can also be obtained.
  3. If there is information that the vehicle is wanted or it may be used for illegal activities.
  4. If it is required that drivers or passengers act as eyewitnesses of an accident or other crime in which they were present.
  5. It is required that the people in the car act as witnesses.
  6. If you need to involve a car or driver to provide assistance to traffic police officers or participants in an accident.
  7. If the employee decides to check the driver’s documents for the right to transport certain goods. The employee can also check whether the driver has the right to drive the vehicle and check the documentation for the car. The inspector can also check the documents of everyone in the car. It is worth knowing that inspectors have the right to check documents anywhere. Previously, they could only do so at stationary traffic police stations, at police checkpoints, or at checkpoints. But at the moment this rule has been canceled.
  8. If authorized activities are carried out by senior leaders of the State Traffic Safety Inspectorate or the Ministry of Internal Affairs with the help of special administrative acts. The check is aimed at establishing the identities of the drivers, as well as the goods being transported.
  9. The new order states that the word “driver” has been replaced with the word “citizen.” This means that the inspector has every right to check the documents not only of the driver, but also of all passengers traveling in the car. Also, the inspector can check the documents of even a pedestrian.

Actions of traffic police officers when stopping a driver

If the driver was stopped by a traffic police officer, how should further communication with the traffic police take place? It is important to know what actions of a traffic police officer when stopping a vehicle are legal and what he should do in general. The documents specify what actions the employee must carry out .

  1. Once the inspector has stopped the car, he must approach the vehicle.
  2. Next, he must introduce himself and give not only his last name, first name, patronymic, but also his rank.
  3. Next, the inspector must briefly explain why the driver was stopped. It is important to understand what the essence of the problem is.
  4. Explain what actions the driver needs to take to fix the problem.

If the inspector demands that the driver hand over the documents personally to the inspector, then the driver has every right not to do this. It is enough to attach the documents to the glass or simply hold them in your hands and show them to the inspector. The driver has every right not to hand over documents personally to a traffic police officer; this is also stated in the new regulations (Order No. 664) . After the documents are checked, the driver also has the right not to leave the vehicle to “communicate” with the inspectors. But in what cases does the traffic police inspector have the right to demand that the driver leave the vehicle? These cases are prescribed in Order No. 664:

  • the driver must get out only when it is necessary to eliminate significant deficiencies in the vehicle or eliminate a violation of the rules for transporting passengers or cargo;
  • if there is reason to believe that the driver is intoxicated, the inspector may ask to leave the car, and also if there are signs of illness;
  • if it is necessary to check the components and assemblies on the car, and the side numbers if there is a driver;
  • if the car needs to be inspected;
  • if the driver poses a danger to the inspector or the people in the car are suspected of committing a crime;
  • if you need to provide assistance to participants in an accident or assistance to a traffic police inspector.

Driver's rights when stopping a car by traffic police officers

If it does happen that the driver is stopped, then you need to know the driver’s rights before the traffic police officer 2019. The more the driver knows, the less illegal actions will be on the part of the traffic police officers.

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The first legal right is not to leave your car as soon as the inspector stops you. How this actually happens. The inspector does not immediately approach the car as soon as you stop. In turn, you should not get out of the car. You can stay in the car and listen to what the traffic police officer says. The inspector must approach the driver from the side where he is sitting. On the other hand, he also has the right to approach if something prevents him from approaching from the right side. The driver must leave his vehicle only if the above conditions are met.

Three times right - the driver has the right to find out why he was stopped. The inspector must explain the reason for the stop. Moreover, the driver himself should not find out this information and extract it from the inspector by word of mouth. The employee must explain everything himself.

The third right is that the driver can explain his actions or not give any comments at all. If the driver violated any rule, he can explain the action taken. This reason for such an act may in some way affect the punishment. There are cases when the driver is not punished at all. But be that as it may, the inspector must enter the data into the protocol. If the driver decides not to explain himself to anyone, then he has every right to do so, since according to the Constitution, he may not testify against himself or his immediate family. Even if the action committed relates to serious violations, the driver can still remain silent. The question is: will this help him or not? But this is the other side of the coin.

The fourth right is that the driver can film the inspector. If we talk about the new regulations, there is no information in it about whether the driver can film all the actions of the inspector or not. But there are inspectors who, out of ignorance or on purpose, say that video filming is prohibited. In fact, the driver can film and are not afraid of anything. And this video can serve as evidence in further proceedings. In exceptional cases, filming may be prohibited. But to do this, you must have good reasons and documents confirming this. For example, there are some events related to state secrets.

The driver has the right to find out the telephone number of the duty station and find out the position of the inspector, his name and surname. When the inspector approaches the car, the driver can ask the inspector to present his ID and indicate the number of the unit where the inspector serves. This will allow the driver to verify whether this person really belongs to this unit and has the right to present anything.

The driver has the right to fully study the protocol (if it was drawn up) and take a copy. If the driver does not agree with any statements, he can make his own edits and changes. It is imperative to record everything that you consider necessary and that in the future may affect the course of events.

The driver has the right not to pay anything at the place of arrest. No one is required to pay the inspector personally on the spot. Now the inspector can issue a fine and only then the driver can pay the fine through the bank.

Drawing up a protocol - what can a driver demand?

Now you know what the traffic police inspector must present when stopped, now you need to figure out what the driver may require when drawing up a report. Perhaps the most incomprehensible situation is when the protocol is drawn up. How to talk to traffic cops in Russia in such a situation? Regardless of the current situation, the driver must demand direct evidence of his guilt. The driver must remember:

  1. If the protocol is drawn up, the driver must read it very carefully. At the end there is a “signature of the violator”; it is the word “violator” that he must cross out and write “driver”.
  2. If the driver does not agree with what is written in the protocol, then you need to find an empty space on the sheet and write “disagree.” This way it will be immediately clear that the driver categorically disagrees with the actions of the inspector and confirmed this from the first minutes.
  3. The driver must pick up a copy of the protocol. If he leaves a note “I require legal assistance,” then in the future such an entry may help to appeal the decision.
  4. In the column “witnesses” you need to put a large, wide dash so that later witnesses who appeared by chance are not found.

Protocol for speeding

The most important thing is that the driver does not have to prove his innocence, the main thing is that the inspector proves the opposite. Perhaps this is the main secret in such situations. Regarding the protocol, it should be noted that the radar that captured the speeding needs to be checked. All data must belong specifically to your car; you need to check that the data was recorded exactly before stopping. In any other case, the inspector will not prove that you violated the rules.

Unfastened seat belt

Often, when the inspector has run out of arguments, you can say that you were stopped for not wearing a seat belt. But in this case, you can answer this way: driving a car without seat belts is prohibited, and I had just taken off the belts during the time you were approaching. Whatever one may say, the inspector must prove the opposite, but in reality this is difficult to do.

Driver under the influence of alcohol

If the inspector decides that you are intoxicated, then for all further procedures there must be witnesses present or video recording must be carried out. If the driver is under the influence of alcohol, then a mandatory protocol for removal from driving is not required. Instead of the protocol related to the detention of the car, an entry will be made in the document on the initiation of the case. If you are sure that you did not drink alcohol, but the inspector has doubts, then he must personally take you to a medical facility for examination.

Talking on the phone

Again, the inspector must show evidence that you were on the phone. If there is no such evidence, then the inspector will not be able to draw up a report.

Lights are turned off

As for the switched off lighting fixtures, it must be said that this fact immediately catches the eye. And in this case, the traffic police inspector can easily issue a fine. And if the headlights are completely faulty, then this fact can be easily recorded and a fine also issued.

Conclusion

One thing follows from what has been said: in order to accuse the driver of anything, you will need to present evidence. In most situations that arise, the driver is protected by law, but sometimes he has no idea how to use his rights. Order No. 664 made significant changes to the practice of inspectors. But drivers also have much more rights, especially if they know how to communicate with traffic police inspectors. Don't be afraid of situations when an inspector stops you. If all the documents are in order, if there is no reason to believe that you have violated the rules, then you can safely defend your rights.

Driver's rights when stopped by the traffic police

Let's talk about the rights that you have when your car is stopped by a traffic police inspector: what you can do, what you can demand, what you can refuse and what you can control. All these rights are from the Constitution, the police law, the administrative code and the regulations for traffic police officers.

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Download pictures with instructions to your phone to always remember your rights

The right not to get out of the car when stopped by an inspector

How it works. When the inspector stops the car, he immediately approaches the driver. The driver is not required to get out of the car. He can sit still and listen to what the inspector wants. A traffic police officer approaches the car from the driver’s side (paragraph 48). And only if something is in the way or there is danger, he can approach from the other side.

The inspector may ask the driver to get out of the car if there are specific reasons. For example, you need to conduct a search, draw up a report, or there is a suspicion that the driver is drunk (clause 93). When checking documents, it is not necessary to get out: the very fact of being stopped does not mean that the driver must immediately leave the car and stand next to the inspector or go to the patrol car.

The right to know the reason for stopping or restricting traffic

How it works. When stopping a car, the inspector must explain why it was stopped and what documents need to be shown. It is not the driver who asks, but the inspector who speaks himself and immediately. There are enough reasons to stop the car. This could be a document check or some kind of raid.

Sometimes they say that inspectors cannot check the driver’s documents: supposedly this is not a reason to stop the car. Indeed, previously documents could only be checked at stationary posts, but this restriction has been abolished. According to the new regulations, this is a reason to stop on the road: the inspector has the right to ask for a license, compulsory motor liability insurance policy or plastic card, even if there were no violations.

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According to the regulations, the inspector can also check the documents of passengers. It is believed that such checks are contrary to the right to personal security and freedom of movement. But these are the regulations.

See also:

The right to explain one's actions or not to testify

How it works. Even if the driver violated something - exceeded the speed limit, crossed a solid line, drove without a compulsory motor liability insurance policy - he can explain why he did this. The reason may affect the punishment, for example, become a mitigating circumstance when imposing a fine. Sometimes this completely excludes the driver’s fault. In any case, the inspector is obliged to listen to the explanations and record them in the protocol.

If the driver does not want to explain anything, he has the right: according to the Constitution, no one is obliged to testify against himself or his relatives. Even if there is a gross violation, the driver was caught trying to give a bribe, he stole a car or forged documents for the cargo, you can remain silent. Whether this will help or not is another question, but such a right exists, and it can be used.

The right to film the inspector

How it works. The new regulations do not include a clause on video recording. Some inspectors take advantage of this: they say that filming their actions is prohibited. In fact, you can video record all the actions of a traffic police officer or police officer. And then use this filming as evidence in court - for example, that a bribe was demanded from the driver or that the search was carried out without witnesses or a protocol.

Sometimes they can still prohibit filming. But for this you need a document and a reason - for example, an operational event is being carried out or something related to state secrets. The traffic police inspector simply cannot prohibit video recording. The Ministry of Internal Affairs has a clear opinion on this matter.

See also:

Download pictures with instructions to your phone to always remember your rights

The right to find out the telephone number of the inspector’s duty station, his position, rank and surname

How it works. When the inspector approaches the driver, he must introduce himself. The driver has the right to ask for a service license. You can find out the number of the duty station or unit and call there to check: is this employee actually serving there, is he really on duty now, and is it true that there is a reference for the same vehicle.

Getting to know the traffic police department is also useful for complaints. The question itself about the place of duty can make the inspector more polite and make him more attentive to the driver’s rights.

The right to study a protocol, act or resolution, to receive copies thereof

How it works. If the inspector noticed speeding, inspected the car, determined that he was intoxicated, detained the car, and took some things from it, then there must be documents. Depending on the event, this may be an act, protocol or resolution. For example, during an inspection, a report is drawn up, and during an inspection, a protocol is drawn up. If you draw up the wrong document, the results may be invalidated.

In any case, the driver has the right to study the protocol and make clarifications to it. The inspector is obliged to show him what is written there and give him a copy. All this helps to challenge fines, prove someone else’s guilt and receive compensation.

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The right not to sign the protocol and indicate disagreements

How it works. When the inspector draws up a report, he will show it to the driver. He won’t give you a copy right away, but will let you read it first. The driver will be asked to sign the protocol, but there is no need to rush into this.

Firstly, you don’t have to sign the protocol at all. But having such a right does not provide any advantages: it will be written in the protocol that the driver did not sign, but this will not save you from a fine. It is better to use another right - to provide explanations and comments. For example, that the inspector indicated something wrong or the driver violated for such and such a reason. Or that there were actually no witnesses, and instead of an inspection, the inspector conducted a search. This will come in handy in court.

If there are registration errors in the protocol, for example, the wrong date or driver’s information, you don’t have to write about it and then use it to completely cancel it: incorrectly completed documents may not be accepted at all in court, and then a fine will not be imposed.

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The right not to pay anything on the spot

How it works. The traffic police inspector cannot demand money, even if the driver has violated something. Drivers do not pay fines directly to the inspector. They need to be paid to the budget through a bank or card.

If the inspector offers to negotiate on the spot and promises a discount, he extorts a bribe. You can also get a 50% discount when paying a fine for public services, and hints from an inspector can lead to a criminal charge. For giving even a small bribe, you can be fined hundreds of thousands of rubles or sentenced to imprisonment.

If they ask you for money, refuse or file a complaint. Such a proposal could be a provocation: for catching bribe-payers, employees will receive new titles and bonuses.

If you employ drivers, warn them that the fines for bribes in the interests of the company are even higher. The driver will receive a sentence, and the employer will easily lose a million.

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Download pictures with instructions to your phone to always remember your rights

The right to demand witnesses or video recording during an inspection

How it works. If an inspector wants to inspect a car, he must have a reason. For example, there are suspicions that there are criminals in the car or illegally transporting weapons. This is not the same as an examination: it has different grounds and a different procedure.

During the inspection, everyone needs to get out of the car, and the inspector has the right to touch things. But in this case, witnesses or video recording are required. During inspection, they may not be there, but you can’t touch things there, and it’s not necessary to get out of the car. If the inspector did not call witnesses, does not keep a record, but at the same time conducts an inspection, you don’t have to interfere with him, but then write down in the protocol that there were no witnesses. The results of the inspection will be invalid - they will not be recognized as evidence.

Without witnesses and a protocol, you can refuse the search. Let them call the authorities from the duty station: in conflict situations, this is how it is supposed to be (paragraph 51). But do not forget that if the requirements are legal, then they must be fulfilled.

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The right not to give up a driver's license without a court order

How it works. It happens that right on the road the inspector found grounds for deprivation of rights. For example, the driver is drunk, driving with someone else's license plates, or crossed a double line. They cannot take away your license on the spot. To do this, you need a court decision that has entered into force.

On site, the inspector can only draw up a protocol. Then he is taken to court. Even if the court decision is not in favor of the driver, it can be appealed. Until the resolution comes into force, the license cannot be taken away and the driver has the right to use it. Many years ago, rights were taken away immediately, but now this condition does not apply.

If the deprivation of rights has entered into force, they must be surrendered as soon as possible. By law, there are three working days for this. If you do not submit them on time, the period of deprivation will be interrupted, and you will face a fine for driving a car.

See also:

Right to medical examination

How it works. If the inspector suspects that the driver is drunk, he may be asked to undergo an alcohol test, or, simply put, to breathe into a tube. But the driver can refuse. Then he will undergo a medical examination, that is, he will take samples in the laboratory.

This right can be useful if there are doubts about the accuracy of the breathalyzer, its verification and seals. Or if the inspector does not follow the inspection procedure and did not draw up a protocol. The results of the inspection affect fines, deprivation of rights, removal from management, payments under compulsory motor liability insurance and loss of work. A medical examination is usually more accurate than a breathalyzer test - use this right in controversial situations on the road.

See also:

Right to complaints, protection of rights and compensation for damages

How it works. When a traffic police inspector violates your rights, he is responsible for it. One can complain about his actions or inaction, the results of checks and protocols can be challenged, evidence can be invalidated, fines can be cancelled, rights can be returned.

If damage is caused to the driver due to a violation of rights, you can demand compensation from the Ministry of Internal Affairs. Most often this does not lead to anything, but there are cases when drivers achieved their goal and received payments from the budget.

Even if you do not go as far as compensating for damages, you can cancel the decision on a fine or deprivation of rights. We have already told stories of drivers who did this.

What documents does the traffic police inspector have the right to require? Link to main publication
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