Punishment for failure to stop at the request of a traffic police officer

Didn’t stop at the request of the traffic police inspector - what will happen to that?

Firstly, before we find out what the consequences of failure to stop at the request of a traffic police inspector will be, let’s find out what obliges you to stop at the first wave of the guardian of the law’s baton. Everything here is quite simple: according to data current for 2019, there is a corresponding clause in the traffic rules - 2.4:

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 - also to employees of the Federal Service for Supervision of Transport.

As we see, a traffic controller can stop us, and a traffic controller is any police officer - this follows from the definition of the corresponding concept in clause 1.2 of the same Traffic Rules:

“Traffic controller” is a person vested with the authority to regulate traffic using the signals established by the Rules in accordance with the established procedure, and who directly carries out the said regulation. The traffic controller must be in uniform and (or) have a distinctive sign and equipment. Traffic controllers include police officers and military motor vehicle inspectors, as well as employees of road maintenance services, those on duty at railway crossings and ferry crossings in the performance of their official duties.

This, by the way, is the answer to an equally common question - whether a police officer - an ordinary police officer - has the right to stop a car. Yes, he has, because he is a police officer (and, of course, he is also obliged to present, at the first request of the person he is addressing, his official ID in order, in fact, to prove that he is a policeman.

So, we found out that any police officer has the right to stop us, including a traffic police inspector, who is a police officer. But what happens if you don’t stop at the request of the traffic police inspector? And here, too, everything is simple: there are two options for the immediate development of events: either there will be a chase, or there will not be one. And the first option for the development of the plot is very dangerous - if the inspector has an orientation towards a stolen car, similar to yours or any other orientation, then he has every right to use special technical means. Yes, yes, shoot at the wheels, or maybe not at the wheels, or maybe not hit the wheels, but spoil the paintwork. When caught in pursuit, there are more possible options: in general, a special standard of punishment provides for a very light punishment for failure to stop at the request of a traffic police officer - Article 12.25, part 2:

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 .

But “out of lawlessness” can be anything: from the far-fetched Article 19.3, part one, which for disobedience to a legal requirement of a police officer provides for a maximum punishment of arrest of up to 15 days. But in fact, Article 19.3 is not applicable for the simple reason that the aforementioned 12.25 is more specific, and two articles cannot be applied for one violation (Article 4.1, Part 5 of the Administrative Code). Moreover, you can get hit in the kidneys for trying to escape, but this is a completely different story, which cannot but be kept in mind when trying not to stop at the request of the IDPS.

In the same case, if traffic police officers did not chase you, the risk of being punished for failure to stop at the request of the police becomes minimal. But most likely you will be stopped at the nearest checkpoint or simply by the nearest traffic police crew who saw you, and each time the risk of a chase only increases.

Well, let’s say you didn’t stop at the inspector’s request and arrived safely at home. In this case, most likely, only the risk of applying Article 12.25 with a fine of 500-800 rubles remains. You will receive an invitation by email to appear at the traffic police department to review your violation. Whether to respond to this proposal or not is voluntary. In case of failure to appear, the case will be considered without you and an appropriate decision will be made, which will also be sent by registered mail to the place of registration.

But you can also challenge such a decision for failure to stop at the request of the police or appear for analysis at the traffic police department to challenge it. The fact is that there is also a regulation intended for a police officer, which obliges him to comply with certain rules - these are the Administrative Regulations of the Ministry of Internal Affairs, introduced by Order No. 185, in particular, paragraph 22 (relevant for 2019:

22. The employee’s signals to road users must be given clearly and be understandable to road users .

Thus, if you prove (alas, the presumption of innocence works in a rather strange way for us, so the driver has to prove his innocence here) that the traffic police officer’s signal was incomprehensible to you:

• He ran out to stop too late and simply did not have time to reach the road to be seen.
• It was unclear which car the inspector was pointing at and which one he was trying to stop.
• You have a registrar's recording or witnesses who will prove the above with non-discrepant testimony.
• The stop gesture was given in violation (excerpt from the same traffic rules: “ A request to stop a vehicle is made using a loud-speaking device or a hand gesture directed at the vehicle . The driver must stop at the place indicated to him. ”)
• It happened at night, the inspector’s baton did not glow, or the inspector himself was not wearing a reflective uniform.

What happens if you don’t stop at the inspector’s request?

As the number of cars on the roads increases, the number of traffic offenses also increases. Traffic regulations are becoming stricter over time, and the number of stops and checks of drivers is only growing every year. And therefore, the question of what threatens those who do not stop at the request of a traffic police officer in 2019 worries quite a lot of people. So let's look at it in this article.

Note! The article contains traffic rules and articles of the Code of Administrative Offenses of the Russian Federation, valid at the time of its writing - 2019. In the future, they may lose their relevance, therefore, we recommend that before using certain points you check whether they have lost their validity.

Traffic rules and fines: what does 2019 have in store for us?

So, the situation: you did not stop at the request of the traffic cop, however, after a short pursuit you were still caught. In this case, there is a violation of clause 6.11 of the traffic rules, according to which the driver is obliged to stop at the place indicated by the inspector.

Responsibility for such an act is regulated by clause 2 of Art. 12.25 of the Code of Administrative Offenses of the Russian Federation, which states that a fine for not stopping at the request of an inspector can be imposed in the amount of 500-800 rubles. The right to choose the size of the fine (in the specified range) remains with the traffic cop.

Undesirable and dangerous consequences

Of course, if you simply missed the signal, because, for example, you were performing a difficult maneuver, or it was sent too late, this will not entail any serious consequences. It’s a different story if you ignored the signal on purpose and did not stop even when the corresponding signal was given again.

Failure to comply with the request to stop the vehicle automatically gives the inspector the right to initiate a pursuit. He (the traffic cop) can also convey information to another traffic police officer. And he, in turn, will forcefully stop the vehicle whose driver has shown insubordination. Confirmation of these words can be found in the administrative regulations of the traffic police (Article 72). And if we turn to the Federal Law “On Police”, we learn that the inspector has the right to stop a vehicle whose driver tried to escape using:

• Various special tools developed specifically for these purposes;
• Temporary restriction/ban of traffic on specific road sections;
• Patrol and/or trucks placed on the roadway in a barrier manner;
• Firearms.

Refusal to stop based on objective reasons

If you did not stop at the request of the traffic police, this does not always mean that the driver wanted to commit an offense. Let's consider 2 situations:

1. The driver did not want to slow down, since the request to stop was made on a poorly lit section of the road or by a person who looked very vaguely like a traffic police inspector. In this case, it is better to play it safe and pay the fine honestly than to become a possible prey to scammers or criminals. Remember, any inspector is obliged to provide a badge and a certificate upon the driver’s first request.
2. The driver was unable to stop at the indicated place, because this would have been a gross violation of traffic rules . In such a situation, the optimal solution is to stop where it is allowed and return to the traffic police post. If they do try to issue you a fine, immediately clarify what caused the insubordination, namely, the possibility of creating an emergency situation on the road.

Driver braking procedure

If we talk about the fine for not stopping at the request of the inspector, it makes sense to mention the stopping procedure itself. It is described in detail in the same paragraph 6.11. current traffic regulations, and is necessary for familiarization first. In order for the driver to stop, the inspector must use a loud-speaking device or gesture to highlight his car, and then indicate the place where it should stop .

To achieve greater signal clarity, it is permissible to use not only your hand, but also a striped rod or a disk with a red reflector to indicate. In addition, in order to attract the attention of the driver and other road users, a whistle or special signals (light/sound) can be used.

In conclusion, we would like to remind you that the number of cars on the roads is many times greater than the number of traffic police officers, which means that the likelihood that you will be stopped for inspection is equal to hundredths of a percent (provided that, of course, you have not violated anything and are not suitable not according to any orientation). However, if you do see the characteristic wave of the baton, do not make a big deal out of a mountain, but simply proceed to the side of the road - such encounters will not bring any trouble to respectable drivers.

What punishment will you face if you do not stop at the request of a traffic police officer?

With the increase in the number of cars on the highways, the number of accidents has also increased. Traffic rules are becoming more stringent, and there are more and more checks on the roads. Everyone knows that at the request of a traffic police officer, every driver is obliged to stop. Otherwise, he will face punishment for failure to stop at the request of a traffic police officer. Let's find out what it can be like if the driver inadvertently or deliberately ignored the inspector's instructions.

When and how can traffic police stop a car?

The traffic police must stop the car correctly. The inspector speaks about this over the loudspeaker or orders to stop with a wave of his hand or wand. The inspector also indicates the stop location with gestures or over the loudspeaker. In this case, stopping should not be prohibited by traffic regulations. If the driver does not comply with the requirement, he will be punished.

However, before thinking about what will happen if you run away from the traffic police in 2019, every driver should know well when State Traffic Inspectorate employees have the right to stop him. After all, many people don’t know that you can’t just slow down on the highway. This is only permitted in specific cases. All of them are prescribed in legislation.

What are the grounds for stopping a vehicle? There are several of them. According to the Order of the Ministry of Internal Affairs No. 185 of 03/02/2009, it is allowed to stop a car on the highway:

1. If a traffic police officer visually or using technical means notices signs of a traffic violation. This could be: stopping incorrectly, overtaking illegally or in the wrong place, speeding.
2. If there are facts or reasonable assumptions that the driver or passengers of the car may be involved in an accident or in some kind of crime. This may be a obtained orientation to the car, eyewitness testimony, or visually recorded facts.

What happens if he is “hijacked” from the traffic police in other cases not listed above? Absolutely nothing. After all, there was no legal right to stop the vehicle.

Do not forget that an inspector can only stop you to check documents at a stationary post. If a driver is stopped under such a pretext outside a stationary checkpoint, he has the right not to present documents.

Arrest measures

If the driver drove away from the traffic police, he must understand that measures will be taken to detain him. What can a traffic police officer do? He can simply transmit information to the next post along the vehicle’s route, or he himself will try to catch up and detain the car.

In order to force the driver to stop, the inspector can take the following measures:

1. Use a baton or loudspeaker.
2. Block the road using a car with a siren on.
3. Use firearms (in exceptional cases).

The driver will be punished for disobedience to traffic police officers only if the inspector had real grounds for stopping the vehicle. Ignoring the “call” of a traffic police inspector is an administrative offense, for which a fine of 500 to 800 rubles is imposed.

In this case, the exact amount is determined by the employee who stopped the car, based on the reasons for insubordination indicated by the driver. If an inspector slows down a car due to traffic violations, the driver may face additional punishment.

In addition, answering the question of what will happen if you hide from the traffic police, it should be noted that as a result of attempts to stop the car, it may be damaged or damage another vehicle.

How to avoid a fine

Even if the driver was hiding from the traffic police and was caught up, there is a chance to avoid a fine. A protocol drawn up on the fact of an offense can be challenged in court.

The easiest way to challenge a decision is if there are facts that indicate that the inspector’s instructions are ambiguous. Eg:

• poor visibility on the road;
• unclear instructions from the police officer;
• it is unclear to whom the sign was given, etc.

If stopping on a given section of the road is not permitted, the driver has the legal right to ignore the inspector’s instructions.

In order to prove your innocence, to challenge a fine for disobedience to a traffic police officer when drawing up and signing documents, you should indicate in the protocol the reason for disobedience, giving reasons for it.

Candidate of Legal Sciences. Advocate. Legal practical experience – 7 years. Specializations: Automotive law, tax law, loans and lending, compensation for damage.

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

Fine for not stopping at the request of an inspector

Good afternoon, dear reader.

This article discusses the fine for not stopping at the request of a traffic police officer , as well as the measures that can be taken by police officers for this violation.

Let me start with the fact that the probability of being stopped by a traffic police officer is not very high, because... There are few police officers on the roads, but many cars. So even if they try to stop you 1-2 times a year, there is no point in resisting. As a rule, stopping by an inspector does not bring any trouble to the driver.

Well, if you are still afraid of such a development of events, I recommend that you study the free audio course “Secrets of communication with the traffic police”:

Let's return to the fine for not stopping at the request of the inspector.

Let's consider the paragraph of the traffic rules, according to which drivers must obey the requirements of traffic police officers to stop:

6.11. A request to stop a vehicle is made using a loudspeaker device or a hand gesture directed at the vehicle. The driver must stop at the place indicated to him.

In general, everything is simple. If your car is pointed at with a striped stick, and then pointed somewhere on the side of the road, you should stop at the indicated place.

Fine for not stopping at the request of a traffic police officer

If you decide to ignore the inspector’s requirement, then the fine for not stopping will be 500 - 800 rubles :

2. Failure to comply with the legal request of a police officer, a customs official 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.

In addition, the traffic police officer, whose demand was ignored by the driver, can either limit himself to transmitting information about the violator to the duty officer or another officer, or independently engage in pursuit and forced stop of the car. Such options are given in paragraph 72 of the administrative regulations of the traffic police:

95. In cases where the driver of the vehicle fails to comply with the employee’s request to stop; visual identification of signs of a crime, an administrative offense in the absence of the possibility of timely giving a signal to stop the vehicle; obtaining information about the commission of a crime or administrative offense by the driver of a vehicle from another squad of internal affairs officers or a road user; Having received instructions from the duty officer, the head of the traffic police unit (a unit of the State Traffic Inspectorate of the territorial body of the Ministry of Internal Affairs of Russia at the district level) about the need to stop the vehicle, depending on the specific situation, the employee can take measures to:

• transfer of information to the duty officer or other staff;
• pursuit and (or) forced stopping of a vehicle.

The pursuit of the violator’s vehicle is carried out in compliance with the following conditions:

96. The pursuit is carried out in a patrol car with special light and sound signals turned on. In this case, the request to stop is given using a loud-speaking device or a hand gesture, if necessary using a rod or a disk with a red signal (reflector). If necessary and if possible, other road users are informed (using a loudspeaker device) about increased caution and compliance with safety precautions.

Well, a forced stop of the violator can be carried out as follows:

• Using special means of forcibly stopping transport.
• By temporarily restricting or prohibiting traffic on certain sections of roads using traffic lights or traffic controller signals.
• By placing a patrol car (patrol cars) on the roadway with special light signals turned on.
• By placing trucks on the roadway.
• Using firearms.

Please note that a firearm may be used to stop a vehicle. So if a car with special signals on starts following you, it is better to stop.

Let's look at a few situations in which a law-abiding driver may not want to stop at the request of traffic police officers:

1. If a person who looks like a policeman tries to stop you outside a populated area at night on an unlit section of the road.

2. If a person who does not look like a policeman tries to stop you.

In the situations listed above, it will probably be safer for the driver to drive past and, if necessary, pay a fine of 500 - 800 rubles, than to stop at the request of a fraudster or bandit. Such situations are becoming less and less common, but we should not forget about them. If you have ever encountered scammers on the roads trying to stop a car, write about it in the comments to this article.

And finally, I suggest you watch a funny video about a driver being stopped by a traffic police officer: