Can traffic cops stop you at night?

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Checking cars by traffic police officers outside stationary posts

A new regulation has been introduced that allows traffic police officers to stop cars outside stationary traffic police posts to check them. Nowhere does it say whether they have the right to be in these areas at night. What legal act regulates this?

According to the Administrative Regulations for the execution by the Ministry of Internal Affairs of the Russian Federation of the state function of exercising federal state supervision over compliance by road users with the requirements of the legislation of the Russian Federation in the field of road safety, approved by Order of the Ministry of Internal Affairs of Russia dated August 23, 2017 N 664, the grounds for an employee to present a request for a driver to stop of the vehicle are (clause 84-84.14):

— signs of violations of road safety requirements identified visually or recorded using technical means;

— availability of data (orientations, information from the duty officer, other squads, road users, visually recorded circumstances) indicating the involvement of the driver and passengers in the commission of an accident, crime or administrative offense;

- availability of data (orientations, information from operational and investigative records of internal affairs bodies, information from the duty officer, other squads, road users) about the use of the vehicle for illegal purposes or grounds to believe that it is wanted;

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

— the need to involve a road user as a witness;

— the need to use a vehicle;

— the need to temporarily restrict or prohibit the movement of vehicles;

— the need to ensure safe and unhindered passage of special-purpose vehicles;

— providing assistance in unhindered passage to the scene of emergency medical vehicles, as well as vehicles of operational and other emergency services involved in the liquidation of emergency incidents;

— the need to attract the driver and (or) passengers to assist other road users or police officers;

— carrying out, on the basis of administrative acts of the heads of territorial bodies of the Ministry of Internal Affairs of Russia at the regional (district) level, heads of departments of the State Traffic Inspectorate of the territorial bodies of the Ministry of Internal Affairs of Russia at the regional (district) level, measures to prevent road accidents and reduce the severity of their consequences in order to protect life, health and property of citizens, protection of their rights and legitimate interests, as well as the interests of society and the state;

— a threat to road safety created by a malfunction or improper installation of technical means of traffic management, violation of the rules for carrying out repair work on the road, a natural disaster, an industrial (man-made) accident, fire and other emergency circumstances, leakage of hazardous substances;

— checking documents for the right to use and drive a vehicle, documents for the vehicle and the cargo being transported;

- checking the identification documents of the driver and passengers, if there is data giving grounds to suspect them of committing a crime or to believe that they are wanted, or if there is a reason to initiate an administrative offense case against these citizens, as well as if there are grounds for their detention in cases provided for by federal law.

In accordance with paragraph 85 of the said regulations, in the dark or in conditions of limited visibility, a signal to stop the vehicle must be given using special light signals (if possible).

From the above it follows that if there are grounds provided for by law, a police officer has the right to stop a vehicle regardless of the time of day.

Also, by virtue of clause 20, part 1, art. 13 of the Federal Law of 02/07/2011 N 3-FZ “On the Police”, the police, in order to fulfill their duties, are given the right to stop vehicles if this is necessary to fulfill the duties assigned to the police to ensure road safety, to check documents for the right to use and drive them, documents for vehicles and transported goods, availability of an insurance policy for compulsory civil liability insurance of the vehicle owner.

Stopped by a traffic police officer - what the driver needs to know

Employees responsible for road safety have the right to stop moving cars, but how this procedure should take place and what could serve as a legal reason for such behavior by a traffic inspector is a completely different question.

Let's figure out together which actions of traffic police officers when stopping a car are legal and which are not.

What you should know about stopping a car by a traffic police officer

You can often come across complaints from car owners about the illegal stopping of a vehicle. Many simply do not understand how to act in this case. Confusion often prevents you from challenging the inspector’s actions.

The actions of employees in the performance of official duties are clearly regulated. They are prescribed in the Administrative Regulations, which were approved on March 2, 2009 by Order No. 185. It is in this regulation that you can find all the necessary information about the procedure for traffic police officers.

Where uniformed officers can stop you

The stop is made to control the situation on the road. It can be carried out only in some places. These include:

— stationary traffic police posts;
— administrative areas;
— patrol routes.

A car used for patrol can also be used as a stopping place - it must have all identification marks on it. Inspectors are strictly prohibited from using personal vehicles. In this case, official transport is used only for sending to the place of duty and traveling back, or moving, guided by the orders of those on duty who are higher in position.

Be extremely careful on the road. The traffic police officer must ensure the visibility of his vehicles used to control the traffic situation. Official transport is necessary for employees not only for control, but also for the prompt suppression of non-compliance with traffic rules and other violations of the law.

An inspector's official vehicle may be placed out of sight only when working in areas with a high accident rate or when using means of recording traffic violations. In this case, the inspector can use both the terrain, turns, and other existing road construction. He has no right to artificially create obstacles to the identification of an official vehicle.

Accommodation of traffic police officers at night

Separately, it is worth paying attention to the requirements for the placement of controllers in the dark: he has the right to be located only in non-shaded areas, and must wear equipment that has reflective stripes. A glowing rod is a must.

What could be the reason for a legal stop?

It is worth knowing that no one has the right to order to slow down without existing legal grounds. Legitimate reasons for braking road users may be:

— your failure to comply with the requirements established by the rules, which can be determined by eye or using additional technical means;

- available data on the possible involvement of a person driving a car, or traveling on it as a passenger, in a traffic accident or any other violation of the requirements of the Law. Typically, such data is obtained by inspectors from various sources, the main of which is the guidance of colleagues;

— the need to interview those who are inside the car due to the fact that they could have witnessed the violation of the Law;

- search for witnesses. They can be those who are in the vehicle;

— performing actions to regulate traffic on the road;

- a situation in which it is necessary to provide assistance to the inspector himself or road users, and the driver or passengers can provide it;

— the need to check documentation. Such procedures can only be carried out in a stationary post; there can be no question of carrying out such a check outside of them.

Other grounds for stopping by a traffic police officer

In addition to the points listed above, there may be other grounds for stopping and requirements to provide documents.

The inspector has the right to give a signal to stop traffic if his immediate use of your car is required in order to prevent a crime or prosecute those who have already committed it.

A government official can also slow you down for emergency hospitalization of victims, if necessary. You may be asked to tow vehicles from the scene of an accident if they are heavily damaged. The inspector may use your vehicle for the purpose of urgent travel to the crime scene.

In any case, the law enforcement officer is obliged to clearly indicate the purpose of using your vehicle. In addition, he should tell you about the route of travel. This is appropriate in cases where criminals are not being prosecuted.

The inspector is obliged to explain to you what the consequences may be if you refuse to comply with his legal requirements. Liability is regulated by Article 19.3 of the Administrative Code. This article provides for punishment in the form of a fine or arrest. If you refuse to comply with the inspector’s demands, be prepared to face a fine of 1,000 rubles or arrest for up to 15 days.

An employee can drive your vehicle himself - he has such authority. You have every right to compensation for damage caused to you as a result of his actions. They will reimburse you for expenses and any material damage.

In order to receive compensation, ask the employee for a certificate. You can limit yourself to making an entry on the waybill. The duration of your trip and the distance you covered at the request of the inspector must be indicated. The traffic police officer must indicate not only his data and position, but also the number of the certificate issued to him upon joining the service, department.

How is a forced stop carried out?

No inspector has the right to brake a vehicle in places where it is prohibited. However, there are situations in which it is possible to brake even where the rules do not allow it. Such cases include:

— the possibility of preventing a crime being committed;

— implementation of regulatory work at the site;

- a real threat to the life, health or property of other people. In order to suppress it, an official has the right to stop the movement of some motorists.

A law enforcement officer can use a loudspeaker to stop you. However, this is far from the only way. Be careful - they may demand that you stop moving with a special hand gesture. In this option, a rod or a familiar disk with a red circle comes to the aid of the controller - they are usually directed at the car that needs to be stopped.

A prerequisite is that the actions must be understandable and unambiguously interpreted by the driver. From the first time he must understand where he needs to stop.

What happens after you stop

After you have slowed down, the person who stopped you must come up and introduce himself, stating the reason for stopping your vehicle. Next, the traffic police officer should ask you for documents. If you need to be involved as a witness, your rights and all obligations arising from your status will be explained to you.

If you have committed an offense, they will definitely explain to you what it is. After this, the inspector investigates the circumstances. It is possible that if the circumstances are clarified, production will not be required.

If the inspector violated his official duties, you can calmly appeal his actions and decision. However, the actions of employees in uniform can be protested only in cases where failure to comply with job descriptions led to the infringement of your rights and interests.

If a police officer orders you to stop driving without giving a valid reason for stopping, you have the right to refuse to provide him with documents, provided that the stop was made outside a stationary post. If an employee argues for a stop based on the guidance he has, feel free to ask for the document on which it is based.

Remember that from this year covert patrols are prohibited. A law enforcement official not in uniform has no right to brake drivers.

How to respond to a call to stop traffic

If you are a novice driver, there is no need to panic. When you see that you have been given a signal to stop, simply turn on the right turn signal and try to pull over to the side of the road without disturbing others driving in the traffic with your maneuvers.

Keep in mind that the policeman who stopped you will observe your actions, so do not panic so that the inspector does not suspect you of other offenses or impose an additional fine for incorrect parking.

To stop movement, choose the safest place. In this case, you can drive up to 20 meters. You are not obligated to approach the person who stopped you, nor do you have to leave your car at all. If you wish, you can return it back, but only on the condition that you do not break the rules.

Having the brake lights on will allow you to make the necessary maneuvers without the risk of additional maneuvers.

When talking with the inspector, you are always the loser.
In order to protect yourself, turn on the camera on your phone, voice recorder or video recorder - this will make it easier to defend your rights and prove that you are right. Your peace of mind is the key to a favorable resolution of the situation. Panic will only make the situation worse.

Try to maintain a friendly environment and be polite. Try to write down the information of the employee who stopped you - it is better to prepare a pen and paper for these purposes in advance. The inspector's uniform must have a badge on it, which you have the right to demand to see. By insisting that all requirements be met, you will show the inspector that you are aware of your rights.

Knowing your rights, you will be able to fight back against negligent traffic police officers - this is very important when you have to deal with unscrupulous people. Act clearly, competently and confidently - and then your chances of a successful outcome of the meeting will increase significantly.

Thus, you may be forced to stop driving legally, and your task is to remain calm. This is especially important if you have not violated anything and understand that the stop was not your fault.

Often, verification of available documents is carried out as part of the implementation of planned or unscheduled programs. In this case, it is better to calmly provide the documents. Unnecessary emotions can aggravate the situation and you will waste a lot of time.

If you think that the stop was made illegally, it is within your power to punish him.

Should traffic police officers turn on flashing lights at night? and what do I have the right to do if the traffic police stands at night without the flashing lights on and stops me

Guaranteed response within an hour

Participated in the consultation

They must if the car is outside a stationary traffic police post.

If the traffic police inspector made a sign for you to stop, approached your car from the driver’s side (in some cases he is allowed to approach from the passenger’s side) and introduced himself (stated his position, rank and last name).

Then he must briefly inform the driver of the reason for the stop, and, accordingly, he has no right to stop you without a reason (for example, because he is bored on duty).

When should traffic police flashing lights be turned on?

If you have any doubts about whether the inspector who stopped you is actually a traffic police officer (and this sometimes happens, especially on country roads), you have the right to ask him to show you his official ID (he is obliged to show you without letting go of your hands).

In addition, it is necessary to keep in mind that, according to 185 of the traffic police regulations, the beginning of the performance of the functions of a traffic police officer is the order (decision) of the head, and in its absence, all actions of the inspector are illegal. This means that you, having any suspicions about the legality of the inspector’s actions, can ask him for the telephone number of the responsible or duty traffic police officer, call him, and make sure that the order to patrol this area was actually given (or there was none, which means the inspector (completely illegal) acts on his own initiative).

4 actions of a driver if a traffic cop stops him at night

A traffic police inspector can stop you not only in broad daylight - there are times when at night or late in the evening, returning home, or while traveling, a traffic cop is waiting for you on the road. What to do in this situation? Is it legal to slow down drivers like this on a dark road? How should a motorist behave?

Some drivers mistakenly think that road guards do not have the right to stop them at night. According to the administrative regulations of the Ministry of Internal Affairs, stopping must be done on a well-lit section of the road. If this happens at night or the route is poorly lit, the inspector, according to the rules, must ensure safety when stopping the vehicle. But if he needs to stop you, the first rule is not to rush past him with a whistle, but to slow down where the inspector points, for example, with a glowing rod.

Of course, the inspector must serve in a patrol car, but drivers sometimes find themselves in a situation where they are stopped by an inspector on foot, and there is no official car nearby - there is a personal car. As the Ministry of Internal Affairs has explained more than once, this is a necessary measure; the traffic police in some regions do not have enough patrol vehicles, but since the inspector is not chasing you along the road, demanding to stop, but is serving on foot, then the police do not see this as a violation.

In any case, your next action when stopped at night after the inspector introduces himself is to ask to see his official identification card in open form. It’s better to do this to make sure that this is not a scammer or a bandit, but a real policeman.

The administrative regulations of the Ministry of Internal Affairs do not require the driver to get out of the car - you can perform many procedural actions while sitting in your car. Therefore, lawyers advise not to get out of the car if you are stopped at night. Of course, if they try to charge you for drunk driving or detain you, then you will not be able to stay in your car.

If you have any doubt that this is not a real traffic policeman, you can block the doors and call the police, introduce yourself, tell where you are and what is happening to you. They will tell you whether this is a real traffic police crew or not, and what you should do.