Punishment for chasing from traffic police

What awaits the driver if he ran away from the traffic police in 2019

When driving a machine, various situations may arise. For example, when a driver begins to change lanes, he pays most of his attention to other cars and may simply not see the wave of the baton of a traffic police officer standing on the side of the road. And if the car continues to move, such an action will be interpreted as a traffic violation. Let's consider what will happen if you run away from the traffic police in 2019.

In what cases do traffic police officers have the right to stop vehicles?

It should be said right away that in order to check documents, traffic police officers are given the right to stop a vehicle only at a stationary traffic police post (clause 63 of Order of the Ministry of Internal Affairs of the Russian Federation No. 185 as amended on December 22, 2014). The document also contains other reasons that allow the inspector to demand that the driver stop driving. Let's briefly name them:

signs of violation of road safety requirements were recorded:
availability of data on the driver’s involvement in a previous accident;
information has been received that the vehicle is wanted or is being used for illegal purposes;
it is necessary to interview passengers and the driver as witnesses to the accident;
if a road user needs to be involved to perform the functions of a witness;
to carry out regulatory and administrative actions;
when a traffic police officer needs a vehicle for official purposes;

In order for the driver to stop driving and not drive away from the traffic police, the officer demands to stop using:

disk with a red reflector;
gesture (when necessary, a wand is used);
loudspeaker device.

This procedure is established by clause 64 of the above-mentioned Order of the Ministry of Internal Affairs.

What detention measures may be applied?

If the driver ignores the signal from the traffic police and does not stop, he may be pursued in a patrol car. Also, data about the violator is transferred to the next traffic police post for taking arrest measures. That is, if the driver ran away from the traffic police, sooner or later he will be stopped. But then you will have to answer not only for violating traffic rules, but also for disobeying the requirements of State Traffic Inspectorate employees.

During the pursuit, traffic police inspectors may use permissible measures of physical coercion, as well as special means of detention, up to and including firearms. Then the driver will face the risk of receiving moral, material and physical damage, for which he will not be able to compensate.

In the best case, the offender will receive a postal notification of the need to visit the traffic police department to investigate the fact of the crime. If you fail to appear, the case will be considered without the presence of the driver. Then you will definitely have to pay the maximum amount of the fine under the relevant article.

Refusal to stop at the request of an inspector based on objective reasons

The fact that the motorist, despite the request of the State Traffic Inspectorate inspector, continued to drive, will not always be interpreted as a violation of the law. There are also objective reasons. The most common of them are:

Even a possible fine does not encourage experienced drivers to stop in such cases. It’s better to be safe than to fall into the hands of criminals or contact scammers.

There are situations when the driver continues driving after the inspector demands to stop because he does not want to flagrantly violate traffic rules - for example, under a “No Stopping” sign. However, it should be noted that in this case the stop will not be considered an illegal action.

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

Domestic legislation provides for a fine for failure to stop at the request of a State Traffic Inspectorate inspector.

The violator is obliged to pay the required amount to the state treasury within 2 months.

Clause 1.3 of Article 32.2 of the Code of Administrative Offenses of the Russian Federation stipulates an important point: if the driver disappeared when asked to stop and was given a fine for this, then you can pay half of the required amount, provided that the debt is repaid within 20 days from the date of the decision on the administrative penalty . In case of delay, on the contrary, the amount to be paid into the state treasury doubles. If the judge comes to the conclusion that the motorist is deliberately hiding from paying a fine, he may be subject to a more serious punishment for failure to stop at the request of a traffic police officer - up to 50 hours of forced labor or arrest for up to 15 days.

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Amount of fine

In paragraph 2. Art. 12.25 of the Code of Administrative Offenses of the Russian Federation states that the amount of penalties for failure to stop at the request of a traffic police officer ranges from 500 to 800 rubles.

The amount of the fine is set by the traffic police inspector depending on the circumstances surrounding the traffic violation.

For example, the driver did not stop when the inspector waved his baton, but stopped moving after the patrol car caught up with him. In this case, the fine for disobeying a traffic police officer will be maximum – 800 rubles. Of course, the amount is small, but you should not ignore the demands of law enforcement officers. Usually, a law-abiding driver being stopped by an inspector does not cause any trouble.

Is it possible to appeal the decision of the traffic police inspector?

To appeal the decision of the traffic police inspector, you need to go to court or to a higher authority of the State Traffic Inspectorate. The second option is less troublesome and costly in terms of collecting supporting documents. However, due to the fact that the decision may be influenced by departmental interests, it will not be easy to prove the driver’s innocence (if he really did not intend to run away).

But in both cases, the following arguments can be presented to explain the non-stop:

the inspector’s actions were not noticed due to the vehicles standing on the side of the road;
in a dense stream of cars, it is unclear which of the road users should stop;
the gesture to stop was inexpressive/incorrect;
At night, the inspector did not wear a reflective uniform and did not have a glowing rod.

These facts can be confirmed using DVR recordings or witness testimony.

Conclusion

Stopping a car by an employee of the State Traffic Inspectorate is possible if there are grounds for it. Their list is contained in clause 84 of the Administrative Regulations of the Ministry of Internal Affairs dated August 23, 2017, Order No. 664. Failure to comply with the requirement to stop driving is permitted when this requires performing a maneuver in gross violation of traffic rules. If a State Traffic Inspectorate officer demands to stop driving, suspecting that the driver has stolen a car, failure to stop can lead to serious material and moral damage, which cannot be compensated.

In what cases does the traffic police have the right to stop: video

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

In order to avoid unnecessary problems and penalties, I stop in any situation at the request of a traffic police officer. If I’m in an urgent hurry somewhere, I quickly explain the situation, no problems with it.

As a rule, cars don’t just stop the traffic police, so there were reasons for that. Of course, it’s better to look more carefully when driving and stop when required.

Sometimes it’s easier to stop and present all the required documents, but often traffic police officers exceed their authority, although if you run away from such a situation, it will only get worse. And in the end you will be wrong.

I believe that if a driver has violated some traffic rules, he must be prepared to answer for it according to the law. Running away from traffic police officers is more than stupid - you will only make things worse for yourself.

I never understood people who do this. In any case, the cameras will record everything and you will be fined or you will be summoned to court. You definitely shouldn’t run away from traffic police officers.

If it’s not a stationary traffic police post at night, then I definitely won’t stop and don’t recommend it to anyone.
Life is more precious. And if you don’t stop at the request of an employee and during daylight hours, then, in principle, nothing will happen either, if no one chases you.
It happened to me a couple of times that I simply didn’t notice that he was waving. Or he starts stopping already when I’ve almost passed, in which case I also just calmly drive on. The inspector's actions should be clear to you.

I never stop at the request of traffic police, police or others! Only if they catch up and threaten to shoot, or block the road so that you can’t get through, and even then you can turn around and drive through the yards. You cannot immediately obey at the first request and do everything they say! We must at least try to resist the lawlessness. 400 rubles is worth it!

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 punishment is provided to the driver if he ran away from the traffic police in 2019

Things can happen on the road. Let's give an example when ordinary negligence can be considered a violation of traffic rules. Suppose a motorist wants to change lanes, and his attention is completely directed to other cars. And at that moment a policeman stops him. The driver does not see the patrolman and continues to drive, and this is a violation. Let's figure out what happens if you run away from the traffic police in 2019.

Cases when traffic police officers have the right to stop cars

It should be noted that police officers have the right to stop vehicles to check documents only at a stationary traffic police post (clause 63 of Order of the Ministry of Internal Affairs of the Russian Federation No. 185 as amended on December 22, 2014).

The same decree lists other cases when a police officer may require you to stop. We list the main ones:

When an inspector needs to seize a car for official purposes;
To check the transported cargo;
The assistance of the driver, either inspectors or other people is required;
The inspector noticed that the car violated traffic rules;
There is information that the driver of the vehicle previously caused an accident;
If a witness is required;
It is necessary to interview the driver and his companions as witnesses to the accident;
There is evidence that the vehicle is wanted or is being driven illegally.

To ensure that the motorist stops driving and does not drive away from the traffic police, the inspector can demand a stop using:

Horn;
Red reflective disc;
Gesture or wand.

This procedure is prescribed in paragraph 64 of the previously mentioned Order of the Ministry of Internal Affairs.

Possible detention measures

If the driver ignores the traffic police signal and does not stop, he will be pursued by the police in a service vehicle. In addition, all known information about transport is transmitted to other traffic police posts. As a result, if a driver runs away from the traffic police, he will still be detained at one of the checkpoints. But there will be more responsibility; not only did the motorist violate the traffic rules, but he also ignored the inspectors’ demands.

Employees of the State Traffic Inspectorate have the right to use physical force during the pursuit, and even firearms, if the situation requires it.

This is a big risk for the driver to suffer damage - moral, physical, and financial. And no one will compensate for anything.

The situation will be investigated by the State Traffic Inspectorate, and the offender will be notified by letter. If he does not appear, the case will be considered without his participation. And you can’t do without a maximum fine.

If the refusal to stop at the request of the inspector is based on objective reasons

Not in all cases, if the driver, despite not being asked to stop, continued driving, is considered as a violation of the law. There are reasons that can justify such behavior. The main ones:

It was very dark outside, and the section of the road was poorly lit.
A man who was difficult to identify as a policeman demanded to stop.

In such situations, even experienced drivers are reluctant to stop, even though they are aware of the potential fine. After all, no one wants to risk falling into the trap of bandits or scammers.

Sometimes it happens that the driver continues driving after the inspector demands to stop due to reluctance to flagrantly violate traffic rules. For example, under the “No Stopping” sign. But you need to realize that in such a situation it is possible to break such a rule.

Possible penalties

According to the law, failure to stop at the request of a traffic police inspector will result in a fine.

The violator is given two months to pay the fine to the state treasury.

If the driver disappeared when asked to stop and was given a fine for it, then you can pay 50 percent of the total figure, provided that the debt is repaid within 20 days from the date of the administrative decision. punishment.

If you miss this deadline, the amount due will be doubled. If it is proven in court that the driver intentionally does not pay the fine, then the punishment for failure to stop at the request of a traffic police officer may be more serious - arrest for 15 days, or 50 hours of compulsory labor.

Fine amount

Paragraph 2 of Article 12.25 of the Code of Administrative Offenses states that the amount of the fine for failure to stop at the request of a traffic police officer varies between 500-800 rubles.

The amount of the penalty is determined by the police officer, the amount depends on the severity of the violation.

For example, the driver did not stop when the inspector waved his baton, but made a stop as soon as the official car caught up with him. In this situation, you will have to pay the maximum fine for disobeying a traffic police officer.

Is it possible to appeal the decision?

You can appeal the decision of the traffic police inspector; for this purpose, the driver must contact either the higher authorities of the traffic police, or resolve the issue in court. If the first option is chosen, it will be difficult to prove that you are right. Even if the driver did not actually intend to run away, the police's connections with their own may influence the decision. And the court will have to collect more supporting documents.

But in both the first and second cases, the following reasons can be cited to explain the non-stop:

Due to the large number of cars, it is not clear who exactly was stopped;
There were many cars parked on the side of the road, which made it difficult to notice the inspector’s gestures;
Stopping actions were incorrect or unimpressive.
At night, the policeman was not wearing clothes with reflective elements, and there was also no baton that would be used for sanctification.

But all these facts must be confirmed - either by witness testimony or data from the DVR.

A traffic police officer can stop a car, but there must be a reason for this. Their list is indicated in paragraph 84 of the Ministry of Internal Affairs regulations dated August 23. 2019, Order No.664. Failure to comply with a request to stop driving is possible only if this requires flagrantly violating the rules and thereby endangering other road users. If a police officer demands to stop driving because he has suspicions that a car has been stolen, then failure to stop may cause moral and material 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

Why you shouldn’t evade a chase and what the consequences are: fines for escaping from the police in a car

Probably every driver has seen films in which cars escape from the police. However, not everyone knows that in real life this is almost impossible. In addition to the power of the car, the likelihood of escaping from pursuit is influenced by many factors that can lead to dire consequences.

The essence of the chase is that catching up is always easier than running away. The first driver begins to brake much earlier before the maneuver, thereby letting the second driver understand what speed must be maintained in order to get into the turn. While the first car is slowing down, the second one can get as close to it as possible without the risk of losing control. Auto Informator reports this.

In essence, when chasing a car, a police officer just needs to wait until it makes a mistake or a situation arises on the road when the criminal simply cannot avoid a collision. Following this theory, we can freely assume that almost any chase ends in a collision. The exception is cases when the police car, for one reason or another, was unable to repeat the maneuver and lost sight of the pursued car. But even in this case, it is unlikely that it will be possible to go unpunished.

In addition to the fact that the violator must be very lucky to escape prosecution, his car must miraculously be hidden from numerous police databases. It will not be difficult for law enforcement officers to identify the driver, knowing the license plate number of his car. It's just a matter of time. Another thing is a car with foreign registration. This is where landmarks and surveillance cameras come into effect, which respond to the specified number. Roughly speaking, if the driver managed to escape, the car can be safely scrapped, because any trip with it will most likely end in another pursuit.

However, the problem also lies in the fact that the sanction for the fact that the driver does not stop on demand is several times less than what he may face, for example, for driving while intoxicated. In this case, it is really beneficial for him to try to escape from the police. However, here the casino principle appears: if you fail to escape the chase, which most likely will happen, or the driver even manages to get into an accident, the punishment will increase several times. When the driver decides to escape from the chase, he goes to high speeds, which within the city can have very disastrous consequences, injuries or even death of people. We decided to ask the police about what ways to more safely detain criminals and will soon give an answer.

For example, consider a situation where the police stop a car whose driver has sipped a couple of hundred grams of a “warming” drink. If he stops, the patrolmen are very likely to notice that he is drunk and will insist on an examination. For such a violation, he will be booked under Article 130 of the Code of Administrative Offenses, which provides for a 10,200 hryvnia fine and deprivation of the right to drive for a period of 1 year. But in the event of a successful escape, he will be charged under Article 122 of the Code of Administrative Offenses, which provides for a 153 hryvnia fine and deprivation of the right to drive a vehicle for three to six months.

Speaking of risks in this case, the driver may get into an accident during a chase and then 3 articles of the Code of Administrative Offenses will be applied to him at once: 122 - for failure to comply with the requirements to stop, 124 - for committing an accident and 130 - for driving while intoxicated.

To summarize, we can say that chasing an intruder is a rather risky undertaking. To reduce the driver’s temptation to race with the police, the state only needs to increase the sanction for refusing to stop his car to the same level as is provided, for example, for a fine for drunkenness. But in this case, it will be necessary to separate at the legislative level avoiding a pursuit and refusing to stop when the driver simply did not notice the policeman’s gesture.

On August 1 alone, there were two chases in the Dnepropetrovsk region. The driver of the Hyundai Getz, while intoxicated, tried to escape the pursuit and at the intersection of Yavornitsky Avenue and Vernadsky Street flew into the side of a Mercedes-Benz Sprinter. As a result of the accident, 15 people were injured. A little later, the driver of the Audi A4 walked away from the police Mitsubishi Outlander. It is unknown how the last race ended, but there is a video: