What to do if an inspector stops you for no reason

Can a traffic police officer stop without reason?

The government is doing its best to simplify control on the road: video cameras are installed everywhere that can record the smallest violation.

In this way, the driver’s contacts with traffic police officers are minimized, but this rule does not always apply; quite often the driver of a vehicle can be stopped while driving.

Who has the legal right to demand that the car be stopped, and, most importantly, what are the grounds for this? This is the topic for today's conversation.

Who has the right to stop a vehicle?

On August 19, 2013, the Government of the Russian Federation issued Resolution No. 716, which clearly regulates the procedure and reasons for stopping any vehicle, clarifying the provisions of the traffic rules.

The right to stop is vested in:

traffic controllers;
employees of the Federal Services in the field of vehicle supervision;
traffic police inspector;
police officers.

If you do not understand any provisions of the order, you can contact our lawyers for additional clarification by filling out a request at the end of the article.

Why can traffic police stop a driver?

Many drivers remember well the recent situation on the road, when cars were stopped and checked exclusively at stationary traffic police posts. This procedure was prescribed in Order of the Ministry of Internal Affairs No. 185; today this document has lost force and has been cancelled.

According to the current regulations, grounds for stopping may be:

Violation of Traffic Rules.
Checking the right to drive and use a car.
Checking the identity card, if there is a suspicion that either the driver or the passenger is wanted by law enforcement agencies.
If the vehicle is similar to the vehicle being sought.
The need to interview eyewitnesses of the incident (driver or passenger of the car).
The traffic police inspector offers to become a witness (witness) or provide other assistance.
Need to use your car.
Restriction of passage of any transport.
Organization of unhindered passage of special vehicles.
In the event of a criminal escaping from prison, almost all vehicles are stopped.

But a car can be stopped in other cases, for example:

In the absence of registration plates.
If there are clear signs of a car malfunction: no lights, significant external damage, smoke coming from under the hood.
If the car poses a threat to the passage of other vehicles.

Other reasons for stopping a car will be considered illegal.

You can read the full text of Order of the Ministry of Internal Affairs No. 664, and also find out what other key points have been changed in the road regulations by reading the article about the new traffic police regulations.

Any citizen has the right to know about all decisions and orders issued by government authorities; they are of a public nature and are not state secrets.

Despite the fact that the new road regulations of 2017 expanded the powers of traffic police officers, the inspector must still have good reasons to stop and check a vehicle on the road - a violation of traffic rules or an orientation from the traffic police management.

Watch a short video that analyzes the new traffic police regulations and provides explanations on the main points that have undergone changes:

Rights and responsibilities of traffic police officers

There is a mandatory regulation that prescribes the procedure for the actions of a traffic police inspector when stopping a vehicle, prescribed in Order of the Ministry of Internal Affairs No. 664.

Traffic police officers, when performing their official duties, are vested with the following powers:

The inspector can give an audible signal over the loudspeaker about the order to stop, or he can wave his baton to indicate the vehicle to stop, with the obligatory whistle signal. But the direction of the rod must clearly indicate the vehicle to which the requirement to stop applies. If the rod points to another car, then you can continue driving.
The inspector has the right to conduct audio or video recording of what is happening without the involvement of witnesses. At the same time, he must notify the driver about the recording being made. The filmed materials are attached to the protocol.
The inspector has every reason to invite the driver to get out of the car to conduct an inspection, troubleshoot problems in the car, identify signs of intoxication, to attract the driver as a witness or other assistance.

The traffic rules determine the procedure for stopping cars. At the same time, a number of requirements are imposed on traffic police officers:

The location of the patrol crew is determined not from the personal considerations of traffic police officers, but based on the degree of accidents of the road section and in accordance with the order of the head of the relevant traffic police department.
If a vehicle stops on the road, the inspector must have clothing with reflective elements, as well as an official identification card and a badge.
When communicating with traffic participants, traffic police inspectors are required to adhere to ethical standards of behavior.

Our lawyers can help you write a complaint correctly if you make a request at the end of the article.

After stopping, the traffic police officer is obliged to:

approach the car yourself, state your position, full name;
upon request, present your official identification;
explain why the vehicle was stopped;
set out the requirements for the presentation of the necessary documents;
provide explanations regarding violations committed by the driver.

Then events can develop according to the following scenarios:

The traffic police officer will offer to get out of the car to prevent a malfunction or eliminate a violation of the rules for transporting cargo.
Having identified signs of alcohol intoxication, he will offer to undergo an on-site examination (testing).
It will check the serial numbers of the main components of the car with those stated in the registration certificate.
Will offer the driver of the car to provide all possible assistance in transporting the victim in an accident or other assistance.

Upon completion of all legal measures (after eliminating identified malfunctions, drawing up a protocol or resolution), if there are no reasons for disqualifying you from driving, the traffic police inspector has no right to detain you further and must allow you to continue driving.

What does the inspector have the right to check?

When stopping a car upon request, a traffic police officer, in accordance with the new road regulations, has the right to check the following documents:

driver's license;
car registration certificate (CTC);
MTPL policy (if insurance was purchased via the Internet, a printed version of the electronic MTPL policy must be presented);
accompanying documentation for the transported cargo;
identification documents of any passenger.

In other cases, if there is an order to search for a criminal or missing property, a traffic police officer may:

personal search of the driver and his passengers;
check the existing property located in the vehicle with the list of missing items;
inspect the cargo being transported and, if necessary, seize it;
prohibit the use of vehicles in special cases provided for by law;
detain the driver and his passengers.

A traffic police officer can thoroughly inspect and search property only with permission from superior management; the inspector is obliged to present the relevant document to the driver.

The entire process of inspecting things can be filmed by the driver using any recording device.

You can learn more about the rules for inspecting cars by traffic police officers by reading the corresponding article.

Consequences of failure to stop

The driver's rights are specified in the Code of Administrative Offenses - Art. 12.25, part 2, and in case of disobedience, the traffic participant may be fined from 500 to 800 rubles . Punishment is allowed only if there are legal grounds for stopping the vehicle, in accordance with the current regulations.

If the stop standards were not met, that is, it was carried out in violation of the Law, then the driver’s ignoring the requirements of law enforcement agencies cannot be qualified as a violation of traffic rules.

The traffic police officer has the right to draw up a protocol against the violator (in his opinion), but the driver can add his disagreement to it and indicate in it the points that were violated by the road service inspector.

If stopping the vehicle will impede movement or create interference, then it is not necessary. According to clause 88 of the traffic police regulations, stopping a car cannot be done on sections of roads where stopping is prohibited by traffic regulations.

If you still have questions, the lawyers on our site can help clarify this or that situation.

But if the driver attempted to ignore the police officer’s request to stop, then the highway patrol has every legal right to begin pursuing the car. Or the traffic police inspector can transfer information about the violator to a stationary post, where a stop will be carried out, but with the presentation of a reason - the driver violated the traffic rules.

Traffic police officers have the right to stop a violator using:

special means (spikes);
traffic limiters (barriers, other vehicles);
firearms.

In what cases can you not comply with the traffic police inspector’s request to stop?

Only in one case - on an unlit road by a traffic police officer who does not have reflective elements on the road. In this case, you can ignore the signal to stop the car.

Illegal stop

As already described above, a traffic police officer has the right to stop a car during special operations (anti-terrorism or search for criminals). But there must be confirmation of this fact, for example, many traffic police squads on the road, and if this is not so, then the detention will be considered illegal.

Or, when stopping a vehicle, a traffic police officer will ask you to show documents without explaining the reasons for his request. There is a clear violation here on the grounds of clauses 106-107 of the Regulations, which were developed to help both drivers and road service employees.

If an illegal car stop is observed, the driver should do the following:

Record the conversation on your phone camera or recorder.
Request to see the inspector's ID.
The traffic police officer should be warned that his actions are illegal. If there is no reaction, then there is no need to explicitly refuse to provide them, show them.
Before handing over the documents, videotape them one by one, and only then hand them over.

If in the future you intend to appeal the actions of a traffic police officer, then you can present your video recording of events on the road as evidence.

Then follow this procedure:

Indicate to the traffic police officer that you have not heard from him an explanation of your rights and responsibilities. Find the line in the protocol where this is indicated. Make a note against it - no.
In the event that a traffic diagram was not drawn up, it is not indicated, then make a note about this: “the diagram was not drawn up,” this will not allow the employee to retroactively draw up the traffic diagram he needs, thereby depriving him of the opportunity to make a note that that you refused to sign the protocol. Even if it is indicated in the protocol, then indicate against it that it was compiled without scaling, the distances are indicated incorrectly, and the reference to the area was not carried out.
If a traffic police officer refuses your request to make your passengers witnesses of the incident, then indicate their details in the “explanations” column, and also inform them that these citizens can explain what happened. If there are no witnesses, then make a dash in this column so that it is not possible to add the names of those persons in whom the traffic police officer is interested.
Read the protocol carefully, put dashes in the empty columns and lines so that unnecessary information from the inspector does not appear there later.

You have 10 calendar days to challenge the actions of the traffic police officer, so carefully review the protocol drawn up, and if you disagree, leave your comments.

In some cases, it is allowed to submit an application directly to a traffic police officer; a note is made about it in the “explanations” column if:

if the vehicle was stopped in another region, file a petition to have your case considered at your place of residence;
in case of bringing to administrative responsibility with the appointment of a period for consideration - a petition to postpone the date;
file a petition for the protection of your legal rights by a professional lawyer - this is allowed when drawing up any protocol, even if it is a minor offense.

Our company can represent your interests if you contact us for help. We will help you write a complaint about the illegal actions of a traffic police officer; for exceeding his powers, he faces a fine of up to 20 thousand rubles.

Does a traffic police officer have the right to stop without reason in 2019?

The activities of the State Traffic Safety Inspectorate are aimed at preventing and preventing road traffic accidents (RTA), minimizing the consequences of accidents that have already occurred, and monitoring the observance of order and legality on the roads of Russia. The functioning of traffic police officers is carried out within the framework of special Administrative Regulations. This set of legal norms was approved by Order of the Ministry of Internal Affairs No. 644 dated August 28, 2017. This regulation, among other things, spells out the grounds and reasons that are lawful for stopping vehicles (TC) by traffic police officers on the road. Does an employee of this structure have the right to stop a vehicle without reason? And what to do if this does happen? Let's look at the problem in a little more detail.

When are the inspector's actions legal?

Administrative regulations are subject to strict implementation. Therefore, it is a guide to action for traffic police officials and an explanation for motorists on the legality of the actions of these persons. This document also reflects a complete list of situations in which a traffic police officer has the right to stop a vehicle. The main items on the list include:

A traffic violation detected visually by a police officer or recorded by automatic means of monitoring traffic on the roads;
Availability of information that the driver, his passengers or vehicle are involved in any accident, offense or crime;
Availability of information that a similar vehicle is wanted;
The need to assist other road users;
The need to use the vehicle for urgent business purposes;
The need to take testimony from the driver or passengers as witnesses to an accident, offense or crime;
The need to ensure unhindered movement for special-purpose vehicles;
Carrying out special operations;
Lack of state license plates on vehicles;
Presence of signs of vehicle malfunction;
Verification of documents.

Based on the above, we can conclude that without proper grounds, a traffic police officer does not have the right to stop a vehicle; this is illegal. The driver, when given a signal by a law enforcement officer, is obliged to stop the car, despite the fact that at this moment he does not know on what basis the stop is being made. The official who carried it out must immediately inform him of this.

What to do if the stop was made illegally?

All actions of a traffic police officer after stopping a vehicle are prescribed in the Administrative Regulations. This means that if an official fails to comply with established standards, stopping a vehicle can be considered illegal, and all subsequent actions of the official can be considered unlawful. The traffic police officer, in accordance with the regulations, must carry out the following procedure:

Approach the stopped vehicle from the driver's side.
Introduce yourself (give your full name, title, position).
Present your ID and name the telephone number and location of the unit where you serve (only upon the driver’s request).
State the reason for the stop.
Ask to see documents.

Only if all the described manipulations are performed, stopping a vehicle is considered legal. It should be remembered that the reason for the stop must be lawful, that is, specified in the list of Administrative Regulations. For example, stopping to check for unpaid fines is illegal. If the driver of the car is sure that the actions of the traffic police officer are unlawful, then he must do the following:

Record or otherwise record the employee’s personal data;
Record your conversation with a government official on a video recorder or video camera;
Enter into the protocol your disagreement with the opinion of the official and (or) indicate the violations that (in the driver’s opinion) were committed when stopping his car. You should also put dashes in all columns of the protocol that are left blank;
Appeal within 10 days the actions of the official who stopped the vehicle. This is done by submitting a written request to the regional traffic police department indicating all the circumstances of the incident. The testimony of witnesses to what happened will not be superfluous. You can also file a complaint with the prosecutor's office or court. We wrote more about the procedure here.

In practice, situations where the actions of traffic police officers to stop vehicles are officially recognized as illegal are quite rare. But if the fact is found proven, the official will be subject to administrative punishment in accordance with Art. 12.35 of the Code of Administrative Offenses (CAO) of the Russian Federation. The penalty under this article is a fine of 20,000 rubles. According to paragraph 314 of Order No. 644: “if violations of the rights of road users are detected, based on the results of inspections, the guilty officials are held accountable in accordance with the legislation of the Russian Federation, and the applicant, whose rights and legitimate interests are violated, is informed of the measures taken to restoration or protection of violated rights.”

Conclusion

Thus, the driver of a moving vehicle is obliged to stop at the appropriate indicating signal or gesture of a traffic police officer. If this employee did not name the reason for the stop, permissible from the point of view of the Administrative Regulations, then his actions are illegal and can be appealed to higher authorities on the basis of Art. 12.35 Code of Administrative Offences.

Note to drivers. What to do if stopped by a traffic police officer

Your car is stopped
Recommendation:
- Getting out of the car is not the responsibility of the driver.
- Listen to the inspector who comes up to you, he MUST introduce himself and state
the reason for the stop.
- If he didn’t give the reason for the stop, don’t hesitate to ask him about it yourself.
— If the inspector says: “checking documents,” know that
stopping a car outside a stationary post for the purpose of checking documents is directly prohibited by
order of the Ministry of Internal Affairs of the Russian Federation No. 297. In this case, you can ask the question: “inspector, why are you
violating official discipline?”

- Next, the inspector, switching to falsetto, explains that you (a civilian)
do not at all have to know the internal orders of the Ministry of Internal Affairs, much less mention them
out loud.
You have the right to know the orders of the Ministry of Internal Affairs, not for official use, in accordance with Article 29, paragraph 4 of the Constitution of the Russian Federation

— Politely ask the inspector not to raise his tone when talking to you
(this is prohibited by Order No. 297, clause 18.2).

— Ask the inspector to present your official identification card open
.
The right to get acquainted with his document gives you the SDA clause 2.4 Doesn’t want to present it?
We warn him and call “02”. We are reporting about a certain person dressed in a uniform similar to a traffic police officer who refuses to present
his identification.

- Presenting it does not mean showing the crust and quickly hiding it back.
You have every right to copy the inspector’s data from his official ID.
This will be useful in case you file a complaint.

- Only after that, submit your documents for verification.

Within 10 days we will draw up a complaint against the actions of the inspector (Appendix No. 1)

Take note:
If, outside a stationary traffic police post, an inspector explained the reason for the stop by “checking documents”
and you indicated this in the protocol, know that all further evidence will be obtained
in violation of the law! Article 26.2 part 3 of the Code of Administrative Offenses of the Russian Federation. The protocol is subject to cancellation.

Explanation:
According to Order No. 297 of the Ministry of Internal Affairs of the Russian Federation, clause 13.7:
The grounds for stopping vehicles are:
a) Violation of traffic rules by drivers or passengers;
(absence of a maintenance ticket in the lower right corner of the windshield)
b) Availability of information about the involvement of the driver and passengers in the accident
c) The vehicle is wanted
d) The need to interview the driver about the circumstances of the accident
e) Compliance with court or bailiff decisions to prohibit persons movement
f) The need to attract a vehicle to provide assistance
g) Checking documents for the right to use and drive vehicles
, as well as documents for the vehicle and the cargo being transported -
only at stationary traffic police posts, police checkpoints and checkpoints.

During special events, it is allowed to stop vehicles outside of stationary posts
in order to check driver's and registration documents, as well as documents for the transported cargo. It is prohibited to stop vehicles unless necessary.

“A stationary post of the road patrol service is a place of duty by the road patrol service, equipped with special office premises, equipped with operational-technical and special means, engineering and other structures, as well as the area of responsibility assigned to it.” The area of responsibility of the post is the territory of the post with the adjacent section of the road (terrain), within which the road patrol unit performs its functional duties. When trying to check and punish you for something at a great distance from the nearest traffic police post on the basis of the statement that this area is supposedly included in the area of responsibility of such and such a post, doubt and ask for a diagram of this very zone. Booths, cars, and roadside trees are not considered stationary posts.

The fact that a special event is taking place will be clear from the situation: traffic police at every turn, reinforced by riot police, everyone in bulletproof vests or full dress uniform, information from the media, etc. On the road, official duties are performed exclusively by traffic police. Can officers from other police agencies stop you? Yes, they can, the “Police Law” gives them such a right. The traffic rules (in paragraph 2.1.1) do not distinguish between traffic police and other structures. But such a stop, with the exception of a stop by a local police officer, should alert you. For each structure of the Ministry of Internal Affairs and for each position, the orders clearly state when an employee has the right to stop a car while performing their official duties (Article 18 of the “Police Law”). For example, a police officer may stop a vehicle to restrict access to the uncoupling zone or to check documents.

Does a traffic police inspector have the right to stop to check documents?

Drivers often have to stop at the request of a traffic police inspector.

But does a traffic police officer have the right to stop without reason? What law governs stopping?

Let us consider in detail where traffic police officers can stop a car to check documents and in what circumstances.

Reasons for stopping

The question of whether a traffic police officer can stop without a reason was previously answered by Order No. 185 of the Ministry of Internal Affairs of Russia dated March 2, 2009. It stated that stopping a car without obvious reasons is prohibited.

This order has now been cancelled! On October 20, 2017, a new Order No. 644 was introduced, which put the Administrative Regulations into effect. The regulations have increased. Previously it consisted of 270 points, and now of 344.

According to paragraph 84 of these regulations, the inspector has the right to stop the vehicle only under certain circumstances.

There are many reasons for a traffic police inspector to stop a car, more than 10:

If the driver violated traffic rules (overtook in prohibited places, etc.). The traffic police officer could detect the violation visually or record it using special technical means.
If the driver or passengers are involved in an accident, crime or administrative violation. The employee usually has such information in the form of orientation or information from the duty officer.
If the vehicle is wanted or stolen. Usually the inspector has data proving the fact of theft or search.
For the driver to testify if he is an eyewitness or a witness to an accident or a crime committed.
To attract the driver as a witness.
The need for a traffic police officer to use a vehicle.
To temporarily restrict or prohibit vehicle movement.
For the driver to provide his car to doctors or traffic police officers.
To provide assistance to the victims, police officers.
To carry out activities that must be carried out on the basis of administrative acts. As part of a scheduled inspection. The car is checked for transportation of prohibited goods or wanted persons. Then each car will be checked in a designated area.
There are repairs on the roads, a natural disaster, a man-made accident, a fire, or other emergencies that pose a threat to vehicle traffic safety.
To check documents for the right to use and drive a car, vehicle documentation and transported goods.
Checking the documents of the driver or his passengers if the inspector has a suspicion that the persons have committed crimes or are wanted.

Does a traffic police inspector have the right to stop to check documents? Yes, it has . And this is a justified reason for stopping a vehicle by Russian Traffic Police officers in 2019.

Previously, stopping a car outside a stationary post was prohibited. Now employees can stop the car outside their posts.

If the inspector stops the car to check the documents, but does not voice the reason (traffic violation and others), then the motorist has the right to refuse to provide documents.

Why were the regulations updated?

The document explains how a traffic police inspector should behave in various situations . The previous one was adopted in 2009, the last one in 2014. Over the past three years, new rules, technologies and tools have appeared.

If a traffic police officer wants to check documents, make a request, fill out a protocol, he must do this according to the new regulations. Not only individual paragraphs have undergone changes, but the entire document has now been released in a new edition.

But inspectors must act not only according to these regulations . There are also the Police Law, inspection rules, traffic rules, registration of road accidents for compulsory motor liability insurance, and they also must be observed.

Many experts say that some expansion of the powers of traffic police inspectors will lead to their abuse. But the same experts noted that the abolition of the previous order will contribute to greater detection of various crimes and their prevention.

The new Administrative Regulations can be found on the Consultant website: http://www.consultant.ru/document/cons_doc_LAW_280037/.

We will learn what to do and how to behave in case of a stop.

Stop by a traffic police inspector

You cannot ignore the traffic police inspector's request to stop . He has the right to make an arrest. The traffic police officer stops the car with a special gesture.

He makes a demand to stop through a loudspeaker device or with a hand gesture; he can use a baton or a disk with a red signal, which is directed at the vehicle. The inspector must indicate where the car stopped .

In the dark or when visibility is limited, the inspector gives a signal to stop the vehicle using special light signals (if possible).

You cannot stop the vehicle in areas where stopping is prohibited by traffic regulations . Exception: the stop is related to the desire to suppress a crime and other illegal actions.

Next, the traffic police officer must:

approaches the driver without delay;
greets, introduces himself, gives his full name, position, title;
when addressing the driver, puts his right hand on the headgear;
explains the reason for the stop;
if the driver requests, he provides an official identification (it is recommended to use this right and even write down the details of the police officer);
sets out the requirement for documents to be handed over without covers or restraints, or sets out the rights and responsibilities of the driver if it is necessary to involve him in an understandable manner;
the inspector should not require the motorist to get out of the car for a conversation (exceptions: a traffic police officer is next to a vehicle that poses a threat to his personal safety, or in case it is necessary to eliminate a violation or technical malfunction);
the stop should be made for a short period of time (if an employee stops you, but does not approach you for a long time, you can continue driving);
if the driver has committed an administrative violation, the employee explains to him what it is.

You cannot stop a car for inspection on dark streets without lighting, on cars without special painting . Exception: there is a need to suppress a crime, administrative offense, carry out administrative and regulatory actions, causing harm to the life, health, property of participants in the DD.

If you have every reason to believe that the person in front of you is not a police officer, report this to the nearest traffic police post or police department.

A traffic police officer may require you to open the trunk to check the condition of the gas equipment. If there is none, the inspection should be stopped. The inspector does not have the right to rearrange things or open bags to check the technical condition of the car.

An examination of the driver and passengers of the car, search of their belongings and luggage is carried out only when the motorist or his passengers are suspected of committing a crime or an administrative offense.

The driver remains seated in the car, and the driver must get out of the car only in the following cases (clause 93 of the Administrative Regulations):

if he is intoxicated;
it is necessary to eliminate a technical malfunction or violation of cargo transportation rules;
the inspector needs to inspect the vehicle and cargo;
you need to perform procedural actions (fill out documents);
you need to check the vehicle unit numbers;
The driver's behavior poses a threat to the safety of the employee.

The driver must move the vehicle to the location specified by the inspector if:

the car creates an obstacle for other participants in the traffic accident;
poses a threat to employee safety.

The driver can get into the patrol car if his participation is necessary to complete procedural documents.

If a traffic police officer needs to use a vehicle, he must issue a certificate or make an entry on the waybill, indicating the duration of the trip, the distance traveled, his full name, position, service ID number, and the name of the unit.

Stopped for driving while intoxicated

A traffic police inspector has every right to stop a car if he suspects that the driver behind the wheel is drunk. The employee will then require you to undergo a physical examination.

But he has the right to demand this only when there are compelling reasons to believe that the motorist got behind the wheel while intoxicated. This is usually indicated by the following signs:

the smell of alcohol;
the motorist is unsteady on his feet;
his speech is impaired, he confuses words;
fingers tremble;
complexion changed;
behaves inappropriately.

If such signs are detected, the traffic police officer must conduct a medical examination using the appropriate equipment.

If alcohol is detected in the exhaled air, the driver is sent to a medical facility, where they will conduct tests and take samples.

The driver cannot refuse a reasonable request to undergo an examination, otherwise he will receive a fine or be deprived of his driver's license.

But going through the procedure in a certain order is mandatory (Article 25.7 of the Administrative Code):

two witnesses are involved who must sign the protocol and observe the actions of the inspector during the inspection;
recording the process on video;
witnesses must confirm the driver’s refusal to be examined.

The driver must comply with the requirements of the traffic police inspector, if they are legally binding.

Punishment for refusing a medical examination (Article 12.26 of the Code of Administrative Offenses of the Russian Federation):

fine 30,000 rubles, deprivation of rights for 1.5-2 years;
administrative arrest for 10-15 days or a fine of 30,000 rubles (if the driver does not have the right to drive a car).

Providing the employee with the necessary contacts and documents

The inspector should not prevent the motorist from familiarizing himself with special events or orientations.

The document can be stored at a stationary post or in the traffic police department. The inspector may not carry them with him at all times. But it should not prevent the driver from familiarizing himself with them.

Also on board the patrol car must be the telephone number of the duty station of its unit . If there is none, the driver has the right to request information from the location or telephone number of the duty or responsible official, and the employee must provide the motorist with this information.

You can find out the legal grounds for a stop by calling the duty officer. The duty officer also provides information about the special event, which employee is on site, and where his location is located.

But the motorist better be polite, since all telephone conversations with the police are recorded automatically.

Stopping a car by a traffic police inspector is possible only if there are certain grounds, which are specified in paragraph 84 of the Administrative Regulations of the Ministry of Internal Affairs dated August 23, 2017, Order No. 664.

A traffic police officer has the right to stop a car if there are grounds for doing so.

Recommendation: download, print and save in the glove compartment of your car the current list of regional telephone numbers of traffic police duty units and hotlines regarding violations of compliance with the law by employees.

Such a “cheat sheet” can more than once help out a road user who ends up with an unqualified employee. Also print out and put in the glove compartment the Administrative Regulations of the Ministry of Internal Affairs.

Be calm and polite when communicating with the traffic police inspector . Don't let him intimidate you. Stand up for what you are right, exercise your rights.

Argue to the last, allow yourself to operate with the concepts from the traffic rules, even if you don’t remember all the wording by heart (some inspectors don’t remember them by heart either).

Protect your rights, but don’t go too far and, of course, don’t break traffic rules.

Driver's rights when stopped by the traffic police

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

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

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

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

The right to know the reason for stopping or restricting traffic

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

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

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

See also:

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

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

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

The right to film the inspector

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

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

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

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

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

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

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

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

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

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The right not to sign the protocol and indicate disagreements

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

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

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

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The right not to pay anything on the spot

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

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

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

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

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

The right to demand witnesses or video recording during an inspection

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

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

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

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

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

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

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

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Right to medical examination

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

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

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Right to complaints, protection of rights and compensation for damages

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

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

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