When you can not stop at the request of the traffic police

3 cases when you don’t have to stop at the request of traffic cops

All Russian drivers are aware that if a traffic inspector “waves” his wand, they should stop. And stop immediately. But not every motorist knows about those situations in which stopping is not required. The likelihood that you will find yourself in exactly this situation is extremely small, but you still need to know about it:

Traffic police officers are on duty at night outside the post

In this situation, the driver, despite the visual order of the traffic police officer, may not stop his vehicle. However, so that the driver does not have problems in the future, it is worth stopping at the nearest checkpoint and reporting this situation, describing in detail where the traffic police officers wanted to stop you and the reason for your “not stopping.”

There is an exception to this situation: if traffic inspectors have marked their car with turned on beacons, then a stop is still required.

There is no traffic police car nearby

You don’t have to stop if a traffic police officer seems strange to you and you don’t visually detect a service vehicle next to him. As in the first case, you must report this at the nearest post, or call the emergency number 112.

Dangerous situation

If you understand that a sudden stop at the request of an employee creates the possibility of an accident, then in this case the stop is also not required. You must make sure that your stop is safe and that you have the right to stop later than ordered by the traffic police officer.

What is the fine for failure to stop at the request of a traffic police officer?

According to Article 12.25 of the Code of Administrative Offenses of the Russian Federation, the fine for failure to stop at the request of an inspector ranges from 500 to 800 rubles.

When you can not brake at the request of a traffic police officer

Situations when a traffic police inspector has the right to stop your vehicle are described in detail by law. Firstly, a distinction is made between situations when a police officer stops you at a stationary checkpoint and outside it. In the “Manuals on the work of traffic police” we read the following definition of a stationary post: this is “a place of service by traffic police squads, equipped with special office premises, equipped with operational-technical and special means, engineering and other structures, as well as the adjacent section of the road (terrain), within which the traffic police unit performs its functional duties.” If you receive a signal to stop on the territory of such a checkpoint, you will have to slow down in any case, since within its boundaries a police officer has the right to stop the vehicle for any reason, including an ordinary check of documents. The reason may be a check of documents for your right to drive a car, as well as for the car itself or the cargo being transported.

In addition to stationary posts, a traffic police officer can perform such actions within the limits of police control posts and checkpoints. Outside the described places, you are also required to stop at the request of the inspector, however, the right of police officers to stop your vehicle is limited to cases provided for by law. These include violations of traffic rules, suspicion of your or your passengers’ involvement in a crime, being on the wanted list of a vehicle, as well as suspicion of using it for illegal purposes. In addition, the basis for stopping your car outside a stationary checkpoint may be the need to question you regarding an offense witnessed by you or your passengers; ensuring a temporary ban on traffic on the section of the road you are on; the need to provide immediate assistance to injured road users. Stopping a vehicle in other cases outside of stationary posts is prohibited and is regarded as a violation of official discipline.

However, this list is quite extensive, and the inspector who stopped you always has something to justify his whistle and wave of his baton. The difference is probably that this letter of the law at least obliges him to make this argument for you after he has introduced himself and named his position. The question of the legality of your stop will remain quite slippery.

However, there are cases, both directly provided for by law and those arising from the relevant articles, in which nothing obliges you to stop at the request of a traffic police officer, except your curiosity.

For example, at night, you can in any case drive past a signal with a baton if it occurred outside a stationary post, without even slowing down. The only thing worth doing in this case is to stop at the nearest checkpoint and report this incident. In addition, keep in mind that a traffic police officer who stops you outside the city limits must have a number of distinctive signs of his involvement in the traffic police. If there are none, and you are simply asked to stop by a person in uniform, you have the right not to stop.

Even outside of all the cases described above, there are many situations when stopping for one reason or another threatens road safety. In such situations, feel free to ignore any requests to stop. The law describes the basic procedure for stopping a vehicle in paragraph 13.6 of the “Instructions for the work of traffic police”, and in the note to this paragraph it indicates places on the road where stopping threatens the safety of all road users. The article reads as follows: “When monitoring traffic on a patrol car (motorcycle), special light and sound signals, a loudspeaker, and hand or baton gestures are used to stop a vehicle whose driver has violated traffic rules. Note. It is prohibited to stop vehicles on sections of roads with limited visibility, before and after a turn, immediately before or after the tops of a rise, before intersections, transitions, in the area of railway crossings and in other dangerous places, except in cases where it is necessary to stop them immediately to avoid the onset of undesirable events. consequences."

Therefore, before you brake in response to the inspector’s request, assess the road situation and evaluate the place you are in, as well as the compliance with the law of the order in which the traffic police officer does this.

Did not stop at the request of a traffic police officer, consequences and fines.

There is probably no motorist who has not been stopped at least once by a traffic police inspector. This happens for various reasons, from outright violation of the rules to possible measures to search for offenders.

But not all drivers are ready to stop on demand, considering this an unnecessary or even unlawful requirement.

Let's figure out when and how a traffic police inspector can stop a car and what awaits those who do not want to comply with such requirements.

○ When and how traffic police inspectors can stop a vehicle.

The first question that interests the driver is at whose request and on what basis should they stop. Clause 2.4 of the Traffic Regulations answers this question:

"2.4. The right to stop vehicles is granted to traffic controllers, and trucks and buses engaged in international road transport at checkpoints specially designated by road sign 7.14 are also granted to employees of the Federal Service for Supervision of Transport.”

A traffic controller means not only an employee regulating traffic on a particular section of the road, but also any traffic police inspector standing at his post. PPS employees also fall into this category. This conclusion can be drawn from the definition of “traffic controller” given in clause 1.2 of the traffic rules.

The inspector who has decided to stop the vehicle must give a signal that is clear to the driver with a gesture or using a loudspeaker and indicate the stopping location. If the car does not stop, it may be pursued using special means. If this turns out to be insufficient, the information will be transmitted to traffic police posts, and they will already restrict traffic by setting up a cordon and blocking the road with other cars. In extreme cases, shooting from a firearm is possible.

So why can they stop the car? The most common reason is violation of the rules . In addition, sometimes the inspector needs urgent help, for example, as a witness, or the city has announced measures to apprehend a criminal, targeting a car similar to yours.

According to the new rules, stopping for a routine document check is possible only at stationary checkpoints , but such checks are often carried out on the roads, citing the availability of landmarks.

○ Penalties and fines: did not stop when requested.

Responsibility for failure to stop at the request of an inspector is provided for in Part 2. Art. 12.25 Code of Administrative Offenses:

“Failure to comply with the legal request of a police officer or an official of a federal executive body exercising control and supervision functions in the field of transport to stop a vehicle shall entail the imposition of an administrative fine in the amount of five hundred to eight hundred rubles.”

A fine of 500-800 rubles . not too great, if you do not take into account the possible consequences of the chase. If the inspector does not pursue the violator, then the chance of getting it is minimal, unless you receive a letter based on the results of the video recording.

But if the inspector gives chase, the situation can develop much worse. Up to the application of Part 1 of Article 19.3 of the Code of Administrative Offenses for disobedience to employees during execution. Then in court you will have to prove that Article 12.5 of the Code of Administrative Offenses is specific to it and should be applied in this case, but the inspectors will tell you how you did not want to get out of the car and resisted.

○ Consequences and measures for arrest.

If you fail to stop when requested to do so by an authorized law enforcement officer, your outcome may vary. In the first option, the employee will simply ignore your behavior. This is usually what is done in relation to motorized vehicles, which has given rise to the erroneous belief among drivers that they cannot be pursued. In fact, inspectors are simply afraid that during the pursuit a dangerous accident may occur with serious injuries for the motorcycle driver, and therefore they pursue only blatant violations. But this option does not always work.

Much more often, information is transferred to other posts and now they also give a signal to stop. Most likely, the second one will already give chase.

If a serious violation occurs, for example, the inspector has doubts about the driver’s sobriety, there are indications of a stolen car or the detention of suspects in other crimes, then the first failure to stop will be enough for a chase. Of course, first the inspector will loudly warn about the obligation to stop, and then it may even come to the use of firearms in the prescribed manner.

They will try to shoot at the wheels; inspectors have no desire to be held responsible for harm to the health of drivers, but they may cause other damage to the car. In addition, let’s say that there are many cases of force being used against drivers detained after a chase; this is often illegal, but it does not improve one’s health. Therefore, you should not ignore the inspector’s legal requirement to stop. The check will take a few minutes, and you can move on calmly.

○ Lawyer's advice: how to avoid a fine.

It is advisable to be a law-abiding citizen, but even if you made a mistake and did not stop at the request of the inspector and received a decision, you can challenge it. To do this, you can refer to the Administrative Regulations of the Ministry of Internal Affairs, which instructs employees to give drivers clear and understandable signals.

“A request to stop a vehicle is made using a loudspeaker device or a hand gesture directed at the vehicle.”

That is, it is already clear from this that, at a minimum, the inspector’s hand with a rod or disk should be directed specifically at your vehicle, and in a moving stream it can be difficult to determine that it is you who is being stopped. In this case, feel free to say that you did not understand that it was you who were being slowed down.

The inspector's appearance also plays a role. Especially at night. If the rod did not glow, and there were no reflectors on the clothes, you can safely say that you did not see it in the dark.

We often see a picture: an inspector has stopped several cars at once and is running between them. He may simply not have time to reach you. Say that you just didn’t see him because you had already passed by.

It is better to support all the described reasons with a record from the registrar, otherwise in court you can hear that there is no reason not to trust the inspector.

Stop at the request of the inspector. Lately, discipline has been suffering among both drivers and pedestrians. They are increasingly less likely to follow the legal demands of a police officer - to stop and present documents. Watch the following episode of the program “Morning with the Governorate.”

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

What happens if you do not stop at the request of a police officer?

As you know, traffic police inspectors have the right to stop cars both at stationary posts and outside them. But what if the driver, for example, did not notice or did not understand the inspector’s signal indicating a requirement to stop, or was afraid to stop at night on a country road, not being sure that in front of him was a real inspector and not an attacker? Is there a penalty for this violation, and what is it?

According to paragraph 6.11 of the traffic rules, “a request to stop a vehicle is made using a loud-speaking device or a hand gesture directed at the vehicle . Upon seeing a stop signal, “the driver must stop at the place indicated to him.”

The administrative regulations of the State Traffic Safety Inspectorate, in addition, add that a stop signal can be given “if necessary, using a rod or disk with a red signal (retroreflector) directed at the vehicle,” and “in the dark or in conditions of limited visibility, giving a signal to stopping a vehicle should be carried out using special light signals (if possible).” In addition, “when signaling to stop, the location where the vehicle will stop must be indicated.”

Summarizing all of the above, the inspector gives a stop signal with his hand, a rod or a disk, or using a loudspeaker, and must also indicate a place to stop the car .

If you drive past an inspector who has given a signal to stop, there may be two options for the development of events. In this case, the administrative regulations of the traffic police provide for measures either to transfer information to the duty officer, another set of employees, or to pursue and (or) forcefully stop the vehicle. That is, the driver will either be stopped at the next traffic police checkpoint, or caught up in a patrol car with light and sound signals turned on and demanded to stop through a loudspeaker .

Failure to comply with the inspector’s request to stop is punishable by a fine in accordance with Part 2 of Article 12.25 of the Code of Administrative Offenses of the Russian Federation: “ failure to comply with the legal request of a police officer , a customs official or an official of the federal executive body exercising control and supervision functions in the field of transport to stop a vehicle entails the imposition of an administrative fine in the amount of five hundred to eight hundred rubles .”

Please note: the actions of a driver who did not stop at the inspector’s signal and was then forcibly stopped cannot be interpreted as “disobedience to a lawful order or requirement of a police officer” from Part 1 of Article 19.3 of the Code of Administrative Offenses, for which either a fine or administrative arrest for up to 15 days is provided. . If the driver stops after a repeated request and, after stopping, fulfills all the legal requirements of the inspector, he may be subject to punishment solely in the form of a fine in accordance with the above-mentioned part 2 of Article 12.25.

If the driver does not stop after a repeated request to stop, the traffic police inspector, acting within the framework of administrative regulations, has the right to force a stop using special means, up to blocking the road with patrol cars or trucks and using firearms, if the driver “refuses to comply with repeated demands from a police officer to stop and tries to escape, creating a threat to the life and health of citizens” (Part 3 of Article 23 of the Law “On the Police”). So you should not try to hide from pursuit, believing that this will help you avoid punishment.

In what cases can you legally not stop at the request of the traffic police?

All law-abiding citizens, seeing a traffic police officer on the road and his sign for a person to stop, comply with this requirement and stop the vehicle. But it turns out that not in all cases the driver is obliged to stop his car, and even at the request of the inspector.

When should you stop?

Situations when a driver has the right to ignore a stop request from a traffic police officer are regulated at the legislative level.

First of all, you should determine where the traffic police officer stopped you. There are designated places for this purpose, equipped with buildings and premises. An adjacent section of road approaches them.

If you are given a sign to stop at such a place, you are obliged to do so, otherwise you will face penalties. The reasons for the stop can be very varied, for example, checking your documents.

In addition to the stationary post, traffic police officers can brake cars directly on the roadway. However, in this case there is a limited list of powers to stop vehicles.

Possible reasons for stopping:

you violated traffic rules;
suspicion that your car is stolen;
suspicions of fleeing the scene of a traffic accident, etc.

A complete list of acceptable grounds for braking by traffic police officers can be found on the traffic police website. Otherwise, if the reasons are different, then the stop can be regarded as a violation of internal discipline.

When can you not stop?

Situations where the driver has the right not to respond to the signs of a traffic police officer and drive further are enshrined in law. If you do not stop, this will not entail any sanctions.

You are not required to stop in the following cases:

You have the right to drive past a traffic police officer without even reducing the speed limit if the signal was given outside a stationary checkpoint at night. But to be safe for the future, so as not to worry about negative consequences, it is recommended to stop near the nearest post and report that they wanted to stop you.
You don’t have to stop if stopping your car threatens its safety. For example, you are given a sign to stop, but you understand that the situation on the road is such that stopping will lead to an accident. Therefore, you can safely move on. But there is a small nuance here; then it is very difficult to prove an increased risk of an accident. And it is almost impossible to predict how everything will turn out in the future.

Traffic police officers do not have the right to stop cars on a section of the road that is characterized by limited visibility. These sections of the route include the places before and after the turn.

It is also prohibited to stop the car before an intersection or traffic light, before and after the top of a rise, and in other dangerous places.

So, if you see a traffic police inspector standing outside his stationary post, before stopping, it is recommended to carefully study the place and situation. It is possible that you have every right not to stop the car and drive on.