What a driver needs to know when making a traffic police stop

Rules for communicating with a traffic police inspector

Many compatriots have little understanding of the law, which gives reasons for government officials to violate them with impunity, and also not to take into account the legitimate rights and interests of citizens. And if in most situations, violations of the regulations of the activities of government bodies are very rare, then almost every driver has encountered cases of unlawful actions of traffic police officers. What to do in this case?

In this case, a reminder will come to the driver’s aid when communicating with the traffic police in 2019, which discusses the basic rules for conducting procedural actions, the rules of conduct for traffic police officers, as well as the administrative regulations that guide traffic police representatives in 2019.

In this article we will look at specific situations in which motorists find themselves on the roads. In these situations, not only useful advice will be given on communicating with traffic police officers, but also special knowledge, thanks to which you can build the right tactics for communicating with law enforcement officers and avoid possible conflicts.

The driver is stopped

In accordance with the requirements set out in Order of the Ministry of Internal Affairs No. 185, as well as in Order No. 329, the grounds for which traffic police inspectors have the right to stop a vehicle include:

Visually established, or determined using special technical means, signs of violations of road safety requirements on a vehicle;
Availability of objective data (official orientation, information from third parties, other traffic police posts or duty officers) that persons in the vehicle are involved in the commission of a crime, accident or other administrative offense;
Information that the car that is stopped by the traffic police is wanted or may be used for illegal purposes;
The need to interview the driver and passengers of the car as eyewitnesses of a crime or accident in which they were present;
Involving vehicle passengers as witnesses;
The need to use a car or driver to assist traffic police officers or road users;
Checking driver's documents for the right to transport certain goods, for the right to drive a vehicle, the vehicle documentation itself, as well as documents that identify the passengers in the vehicle. Please note that communication with the traffic police regarding document verification can be carried out exclusively at police checkpoints, checkpoints or stationary traffic police posts;
Carrying out special events authorized by administrative acts of senior leaders of the Ministry of Internal Affairs and the State Traffic Safety Inspectorate, aimed at checking and identifying the drivers of vehicles and goods being transported.

Other cases of stopping

Stops in cases other than those listed are regarded as a violation of official discipline, in accordance with the “Instructions for the traffic police service of the traffic police.” According to this document, stopping and checking documents, as well as other actions not motivated by the above points, are carried out outside the area of responsibility of the traffic police post.

The driver was stopped

How should communication with traffic police officers proceed in the event of a vehicle stop? According to paragraph 67 of Order No. 185, as well as Chapter 4 of Order of the Ministry of Internal Affairs No. 6, after stopping, the traffic police inspector is obliged to approach the car, introduce himself (indicate his full name, as well as position and rank), briefly explain the reason why the vehicle was stopped , and also explain the essence of the problem and the necessary actions on the part of the driver.

When checking documents, it is not necessary to hand them directly into the hands of the inspector - it is enough to just show them (for example, attach them to the glass), and if it is required to hand over documents, you can refute such requirements on the basis of the above-mentioned Orders. After checking your documents, you should not run after the inspector to “chat” in a company car: getting out of the vehicle is the right, not the responsibility of the driver .

In accordance with clause 70 of Order No. 185, as well as clause 18.4 of Order No. 6, the traffic police inspector has the right to require the driver to exit the vehicle in the following cases:

Eliminate existing faults that exist on the vehicle, or eliminate existing violations of the rules for transporting goods.
If there are grounds to conclude that the driver is intoxicated (toxic, alcoholic or narcotic), or if there are signs of a painful condition.
Carrying out an inspection of components and assemblies on the vehicle, as well as vehicle registration numbers in the presence of the driver.
If it is necessary to conduct an inspection of the vehicle.
In case the driver or passengers are suspected of committing a crime and/or pose a danger to the traffic police inspector.
If necessary, provide assistance to either police officers or road users.

Video: Lawyer on the rules of communication with traffic police officers

A protocol is drawn up against the driver

The most controversial, confusing and incomprehensible procedure for many motorists is the registration of an administrative protocol. Here you also need to know how communication with traffic police officers goes.

There is a little trick in administrative law that plays into the hands of the driver - the presumption of innocence, according to which no one can be guilty until his guilt is actually proven (in accordance with the basic provisions of Article 49 of the Constitution). The driver must demand direct evidence of his own guilt in any case, regardless of the violation - be it crossing a double line or hitting a pedestrian. We must remember the main rule: whoever accuses proves the guilt of the accused.

Often, when drawing up an administrative protocol, inspectors require drivers to either get into their official car, or go to a “glass” or picket - this does not have to be done, since such an obligation is not assigned to drivers. There will be an obligation only if a protocol of the person’s detention is drawn up, in accordance with the requirements of Art. 27.3 Code of Administrative Offences. We emphasize that the detention of a person can only be carried out in isolated, exceptional cases. And the administrative protocol, its form, content, all information and rules for filling out are determined by Art. 27.4 Code of Administrative Offences.

It is necessary to remember the following tips when filling out the protocol:

The driver’s explanations and signature are his right, but again not his obligation. Therefore: the driver must carefully read the protocol, find the line where it says “Signature of the violator,” and then you need to cross out the word “violator” and write the word “driver” over it. This is an important nuance - the driver thereby denies that he is a violator.
It is imperative to write “disagree” in a free space in the protocol - later, when considering an appeal against unlawful actions of a traffic police officer, it will be clear that the driver did not agree with the actions of the inspector from the first minutes.
The driver must be given a copy of the completed protocol, after which, in the traffic police officer’s protocol, it is necessary to leave the note “I require legal assistance” (in accordance with Article 25.5 of the Administrative Code). Such a mark can be placed on any protocol - this action will help the driver to appeal the decision on the protocol at a later time. And, as a rule, this record, when considering a case in court, allows you to cancel the decision of a traffic police officer due to a violation of the rules of procedural actions.
To prevent random persons from appearing in the “witnesses” column who were later brought in by the inspector, it is necessary to put a broad stroke in the empty column .

One of the most important conditions that complements the rules of communication with a traffic police officer: you should not succumb to any provocations from police officers. The driver must remember that about 80% of all protocols drawn up contain significant violations of the Code of Administrative Offenses, so in most cases the driver must prove only his position.

Protocol for speeding

As we have already noted, traffic police inspectors must prove the driver’s guilt, but not the driver’s own innocence. You should remember this main secret of communicating with the traffic police and no problems will arise.

As for drawing up a protocol for speeding, you should be guided by the following rules: the radar with which the car’s speed was measured must demonstrate that this speed belongs to the stopped driver and the indicators were taken just before the stop. In other cases, when traffic police inspectors show a “hairdryer” with incomprehensible numbers, you can safely challenge the protocol.

Protocol for dirty signs

In principle, it is impossible to draw up a protocol on the offense, since the offense itself and its key factor - guilt, did not exist. Of course, in accordance with GOST 50577-93, you cannot drive a vehicle whose license plates at night are not visible from 20 meters when illuminated by an inspector’s flashlight.

But in order to record this violation, it is necessary to create conditions close to the specified ones, which is never used in practice. Therefore, in practice, the driver is usually asked to simply wipe the license plates and is not issued fines.

Protocol for not wearing a seat belt

The traffic police inspector has run out of arguments? Then the last chance is to charge the driver for not wearing a seat belt. You can give a simple and reasonable answer to this: “you cannot drive a vehicle without fastening your seat belts while driving, and I, as a driver, literally just took off my seat belts while you were approaching me .

We can draw the following conclusion: almost any situation that arises on the road requires evidence from traffic police inspectors. Drivers are in most cases protected by law, but have no idea how to exercise their rights. Note that in the last few years, important changes introduced by Order No. 185 give more rights to drivers, and if they have knowledge of previous Orders and job descriptions, the driver can skillfully communicate with representatives of the traffic police, while avoiding conflict situations and not losing own money.

Memo to the car owner: driver’s rights before a traffic police officer in 2019

Not all drivers who are stopped by a traffic police inspector know their rights and responsibilities. And this is precisely what gives inspectors a reason to violate drivers’ rights. What to do in this case? What measures need to be taken? In this case, the driver can use the memo, which contains the driver’s license in front of a traffic police officer 2019. Knowing them, every driver can safely act on the road whenever stopped by a traffic police officer.

Legislative regulation and reasons for stopping

What grounds must an inspector have so that he can stop a driver? All these grounds are listed in Order of the Ministry of Internal Affairs No. 664 (which replaced the old order No. 185). If we talk about the old order and the new one, then there have been no major changes. Basically, all amendments are spelling in nature; the reasons for stopping and the rights of drivers remain the same. The only change that might be interesting concerns the judges. But we mainly consider standard cases of stopping drivers.

If it is established visually or determined using special technical equipment that there are signs of violations of road safety rules on the vehicle.
If the inspector has objective data that the person in the car is involved in the commission of a crime, a traffic accident or an administrative offense. Data to the inspector can come from other traffic police posts, from third parties, and orientation can also be obtained.
If there is information that the vehicle is wanted or it may be used for illegal activities.
If it is required that drivers or passengers act as eyewitnesses of an accident or other crime in which they were present.
It is required that the people in the car act as witnesses.
If you need to involve a car or driver to provide assistance to traffic police officers or participants in an accident.
If the employee decides to check the driver’s documents for the right to transport certain goods. The employee can also check whether the driver has the right to drive the vehicle and check the documentation for the car. The inspector can also check the documents of everyone in the car. It is worth knowing that inspectors have the right to check documents anywhere. Previously, they could only do so at stationary traffic police stations, at police checkpoints, or at checkpoints. But at the moment this rule has been canceled.
If authorized activities are carried out by senior leaders of the State Traffic Safety Inspectorate or the Ministry of Internal Affairs with the help of special administrative acts. The check is aimed at establishing the identities of the drivers, as well as the goods being transported.
The new order states that the word “driver” has been replaced with the word “citizen.” This means that the inspector has every right to check the documents not only of the driver, but also of all passengers traveling in the car. Also, the inspector can check the documents of even a pedestrian.

Actions of traffic police officers when stopping a driver

If the driver was stopped by a traffic police officer, how should further communication with the traffic police take place? It is important to know what actions of a traffic police officer when stopping a vehicle are legal and what he should do in general. The documents specify what actions the employee must carry out .

Once the inspector has stopped the car, he must approach the vehicle.
Next, he must introduce himself and give not only his last name, first name, patronymic, but also his rank.
Next, the inspector must briefly explain why the driver was stopped. It is important to understand what the essence of the problem is.
Explain what actions the driver needs to take to fix the problem.

If the inspector demands that the driver hand over the documents personally to the inspector, then the driver has every right not to do this. It is enough to attach the documents to the glass or simply hold them in your hands and show them to the inspector. The driver has every right not to hand over documents personally to a traffic police officer; this is also stated in the new regulations (Order No. 664) . After the documents are checked, the driver also has the right not to leave the vehicle to “communicate” with the inspectors. But in what cases does the traffic police inspector have the right to demand that the driver leave the vehicle? These cases are prescribed in Order No. 664:

the driver must get out only when it is necessary to eliminate significant deficiencies in the vehicle or eliminate a violation of the rules for transporting passengers or cargo;
if there is reason to believe that the driver is intoxicated, the inspector may ask to leave the car, and also if there are signs of illness;
if it is necessary to check the components and assemblies on the car, and the side numbers if there is a driver;
if the car needs to be inspected;
if the driver poses a danger to the inspector or the people in the car are suspected of committing a crime;
if you need to provide assistance to participants in an accident or assistance to a traffic police inspector.

Driver's rights when stopping a car by traffic police officers

If it does happen that the driver is stopped, then you need to know the driver’s rights before the traffic police officer 2019. The more the driver knows, the less illegal actions will be on the part of the traffic police officers.

The first legal right is not to leave your car as soon as the inspector stops you. How this actually happens. The inspector does not immediately approach the car as soon as you stop. In turn, you should not get out of the car. You can stay in the car and listen to what the traffic police officer says. The inspector must approach the driver from the side where he is sitting. On the other hand, he also has the right to approach if something prevents him from approaching from the right side. The driver must leave his vehicle only if the above conditions are met.

Three times right - the driver has the right to find out why he was stopped. The inspector must explain the reason for the stop. Moreover, the driver himself should not find out this information and extract it from the inspector by word of mouth. The employee must explain everything himself.

The third right is that the driver can explain his actions or not give any comments at all. If the driver violated any rule, he can explain the action taken. This reason for such an act may in some way affect the punishment. There are cases when the driver is not punished at all. But be that as it may, the inspector must enter the data into the protocol. If the driver decides not to explain himself to anyone, then he has every right to do so, since according to the Constitution, he may not testify against himself or his immediate family. Even if the action committed relates to serious violations, the driver can still remain silent. The question is: will this help him or not? But this is the other side of the coin.

The fourth right is that the driver can film the inspector. If we talk about the new regulations, there is no information in it about whether the driver can film all the actions of the inspector or not. But there are inspectors who, out of ignorance or on purpose, say that video filming is prohibited. In fact, the driver can film and are not afraid of anything. And this video can serve as evidence in further proceedings. In exceptional cases, filming may be prohibited. But to do this, you must have good reasons and documents confirming this. For example, there are some events related to state secrets.

The driver has the right to find out the telephone number of the duty station and find out the position of the inspector, his name and surname. When the inspector approaches the car, the driver can ask the inspector to present his ID and indicate the number of the unit where the inspector serves. This will allow the driver to verify whether this person really belongs to this unit and has the right to present anything.

The driver has the right to fully study the protocol (if it was drawn up) and take a copy. If the driver does not agree with any statements, he can make his own edits and changes. It is imperative to record everything that you consider necessary and that in the future may affect the course of events.

The driver has the right not to pay anything at the place of arrest. No one is required to pay the inspector personally on the spot. Now the inspector can issue a fine and only then the driver can pay the fine through the bank.

Drawing up a protocol - what can a driver demand?

Now you know what the traffic police inspector must present when stopped, now you need to figure out what the driver may require when drawing up a report. Perhaps the most incomprehensible situation is when the protocol is drawn up. How to talk to traffic cops in Russia in such a situation? Regardless of the current situation, the driver must demand direct evidence of his guilt. The driver must remember:

If the protocol is drawn up, the driver must read it very carefully. At the end there is a “signature of the violator”; it is the word “violator” that he must cross out and write “driver”.
If the driver does not agree with what is written in the protocol, then you need to find an empty space on the sheet and write “disagree.” This way it will be immediately clear that the driver categorically disagrees with the actions of the inspector and confirmed this from the first minutes.
The driver must pick up a copy of the protocol. If he leaves a note “I require legal assistance,” then in the future such an entry may help to appeal the decision.
In the column “witnesses” you need to put a large, wide dash so that later witnesses who appeared by chance are not found.

Protocol for speeding

The most important thing is that the driver does not have to prove his innocence, the main thing is that the inspector proves the opposite. Perhaps this is the main secret in such situations. Regarding the protocol, it should be noted that the radar that captured the speeding needs to be checked. All data must belong specifically to your car; you need to check that the data was recorded exactly before stopping. In any other case, the inspector will not prove that you violated the rules.

Unfastened seat belt

Often, when the inspector has run out of arguments, you can say that you were stopped for not wearing a seat belt. But in this case, you can answer this way: driving a car without seat belts is prohibited, and I had just taken off the belts during the time you were approaching. Whatever one may say, the inspector must prove the opposite, but in reality this is difficult to do.

Driver under the influence of alcohol

If the inspector decides that you are intoxicated, then for all further procedures there must be witnesses present or video recording must be carried out. If the driver is under the influence of alcohol, then a mandatory protocol for removal from driving is not required. Instead of the protocol related to the detention of the car, an entry will be made in the document on the initiation of the case. If you are sure that you did not drink alcohol, but the inspector has doubts, then he must personally take you to a medical facility for examination.

Talking on the phone

Again, the inspector must show evidence that you were on the phone. If there is no such evidence, then the inspector will not be able to draw up a report.

Lights are turned off

As for the switched off lighting fixtures, it must be said that this fact immediately catches the eye. And in this case, the traffic police inspector can easily issue a fine. And if the headlights are completely faulty, then this fact can be easily recorded and a fine also issued.

Conclusion

One thing follows from what has been said: in order to accuse the driver of anything, you will need to present evidence. In most situations that arise, the driver is protected by law, but sometimes he has no idea how to use his rights. Order No. 664 made significant changes to the practice of inspectors. But drivers also have much more rights, especially if they know how to communicate with traffic police inspectors. Don't be afraid of situations when an inspector stops you. If all the documents are in order, if there is no reason to believe that you have violated the rules, then you can safely defend your rights.

3 articles of the law that will help a driver in a dispute with a traffic police inspector

Greetings, friends!

A driver, like no one else, must know his rights and responsibilities in order to be able to defend his case in the event of illegal actions on the part of a traffic police inspector. If we evaluate the actions of inspectors from the point of view of legal norms, then practically every time a driver stops, his rights are violated.

This article will outline the most important rules that secure the driver’s rights if he is stopped by a traffic police inspector.

Let me remind you: the main document that regulates the legal relationship between the driver and the traffic police officer is the Administrative Regulations dated October 20, 2017, approved by Order of the Ministry of Internal Affairs No. 664 dated August 23, 2017. In short, it’s simply “Order 664.”

Contact the driver

The first important point is how the employee addresses the driver. I have come across cases more than once when the rank and surname are pronounced indistinctly by the inspector, and the expanded certificate is shown so quickly that it is impossible to see anything there.

Why do you need to know the name and title of a traffic police officer? In case of any violations on his part, immediately call the driver support service - this will not only help resolve the situation, but will also force the inspector to be more careful (Unified number throughout Russia 8 - 800 - 222 - 74 - 47).

Therefore, it is better to immediately write down the employee’s full name, or at least just remember it, and if he said them vaguely, or refuses to repeat, he should be reminded of Article 45 of Order No. 664:

“When contacting a road user, an employee must introduce himself, stating his position, rank and surname , present his official identification upon the citizen’s request, and then state the reason and purpose of the request.”

This article not only establishes the driver’s right to know who stopped him, but also clearly states that the first thing the inspector must do is report the reason for the complaint. This rule is not followed in 90% of cases - after the inspector introduces himself, it is usually followed by “Your documents”. In this case, the inspector should be reminded of the contents of the above article. 45 of the order, and offer to name the purpose of the stop.

Verification of documents

The new administrative regulations, which came into force on October 20, 2017, contain the following grounds for document verification (Article 106):

signs of traffic violations were identified;
there are indications indicating the involvement of the vehicle in the commission of an offense or theft;
within the framework of special measures to reduce accidents;

Thus, the article clearly regulates that the verification of documents must have a reason provided for in Art. 106 regulations. When checking documents, the driver has the right to inquire under what paragraph of Art. 106 the inspector obliges him to submit documents.

Rights and obligations

Another rule that is often violated is that the driver is not informed of his rights and obligations related to traffic violations, or other measures applied to the driver, be it an offer to get out of the car or show the trunk. However, paragraph 2 of the same article 45 also provides for the driver’s right to know about his rights and obligations in the event of any demands from the inspector:

“In all cases of application of measures that restrict the rights and freedoms of a road user, the employee is obliged to explain to him the reason and basis for the application of such measures, as well as the rights and obligations of the road user arising in connection with this .”

Another article aimed at protecting the rights and obligations of the driver is clause 52 of Order No. 664:

“At the request of a road user, the employee must provide the location and telephone number of the duty department (group) of the traffic police unit or the telephone number of the duty department of the territorial body of the Ministry of Internal Affairs of Russia at the district level in which he serves.”

You can request the telephone number of the duty station at any time if the driver’s rights are violated. The inspector does not have the right to refuse this request, but by providing the number of his duty station, in 90% of cases the inspector will show extreme caution in further communication with the driver, because Few people want their bosses to get calls complaining about their work.

Conclusion

So, we have analyzed 3 important articles that perfectly help a driver defend his rights in a dispute with a traffic police inspector:

Article 45 of Order No. 664 “Appeal to the driver”;
Article 52 of Order No. 664 “Telephone of the duty station”;
Article 106 of Order No. 664 “Grounds for checking documents”;

Remember them, or better yet, print out the entire order No. 664 and highlight these articles there so that you have them at hand at the right time.

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Driver's rights or what to do when stopped by traffic police

Knowing your driver’s rights means preventing the facts of unfounded claims made by traffic police officers when stopping vehicles at their request. In some cases, the behavior of employees and their actions are in the nature of relative compliance with the law in terms of polite and cultural treatment of citizens, and the duties assigned to them are not fulfilled in full. The claims of traffic police officers are often biased, and in some cases there is a direct abuse of authority. However, knowing your rights and simple rules of dialogue with representatives of the traffic police allows you to prevent such actions and feel comfortable in any controversial situations. So, what to do if you are stopped by traffic police officers?

Reasons for stopping a car

Requirements for a traffic police officer

In their activities, traffic police officers are required to be guided by Order No. 185 of the Ministry of Internal Affairs of Russia dated March 2, 2009, which approved the regulations for monitoring the compliance of subjects with road safety requirements.

Insulting a police representative while performing his duties entails bringing the perpetrator to justice within the framework of measures provided for by the administrative and criminal codes:

in case of minor consequences, a fine of 1,500 – 2,500 rubles or arrest for up to fifteen days is provided (Article 20.1 of the Code of Administrative Offenses of the Russian Federation);
if they were of public importance, a fine of up to 40,000 rubles or compulsory labor of up to three hundred and sixty hours, as well as corrective labor for up to one year (Article 319 of the Criminal Code of the Russian Federation) are applied.

After stopping the driver in a vehicle, the traffic police inspector is obliged to approach the car immediately.

Driver actions

What to do if stopped by a traffic police officer? First of all, you should, in compliance with traffic rules on the roads, park the vehicle in the place indicated by it. The driver has the right to have a conversation with a traffic police inspector without leaving the car. It is not necessary to hand over your driver's license, technical passport of the car, or insurance to the traffic police inspector. Such demands are considered unfounded. It is enough to demonstrate them for reading through the side glass.

A conversation with the traffic police about getting out of the car is considered legal in strictly defined cases, including:

troubleshooting the vehicle by the driver or taking measures to ensure the safety of others when transporting goods;
checking the suspicion that the motorist is in an inadequate condition (poisoning with alcohol, drugs), as well as a painful condition;
checking the numbers of body parts and power unit in the presence of the driver;
carrying out inspection activities;
the emergence of suspicions of involvement in the commission of crimes, as well as a threat to the guard service inspector;
providing pre-medical care to road users.

How to talk to traffic police? The conversation with the traffic police should be constructed in a constructive, restrained form, taking into account the right to the presumption of innocence and the assertion that the person driving the car has fulfilled all the rights and obligations of drivers. The inspector, in turn, is obliged to provide facts confirming the commission of an offense (if any) or name another reason for stopping the vehicle.

To confirm the correct actions of the driver and the behavior of the traffic police officer, you should use the following options.

After stopping the car, at the request of a traffic police officer, the conversation with him must be recorded by turning on the available means of technical audio or video recording (dictaphone, video recorder, telephone). The recording must be carried out continuously, starting with the announcement of the date, time and place of stop.
Listen to the requirements of the patrol inspector.
In a discreet manner, demand the provision of a service ID, record information about the inspector, record the number of the service badge.
If charges are made for a traffic safety offence, request documentary evidence of the event.
When a traffic police officer provides video recording materials, ask for documents confirming the fact of equipment certification.
If the offense is not supported by evidence, and the inspector insists on drawing up a protocol, then you should obey his demands, and then appeal his decision to a higher authority or in court.

The conversation with the traffic police should be conducted with restraint, and insults should not be allowed even with obvious manifestations of disrespect on the part of the inspector. The conversation may involve reminding him of his rights and his responsibilities when the vehicle is stopped in cases provided for by law.

Traffic violation protocol

How to behave when stopped by the traffic police to draw up a report? One of the most unpleasant moments of communication with a traffic police officer is considered to be drawing up a protocol on violations. When communicating on this issue, you should rely on the facts, while remembering the rule: whoever brings the accusation proves guilt. Direct evidence is required. How to communicate correctly when preparing documents?

The following rules must be adhered to.

The rights of the driver include the decision to sign (refuse) the protocol, as well as the provision of written explanations, and when making such explanations, it is not prohibited to replace the word “violator” with “driver” in the protocol form, which will ultimately emphasize the latter’s disagreement with the charges.
It is recommended that in the text of the explanation an entry indicating disagreement with the stated facts and the need to provide qualified legal assistance, for example: “I have been accused without grounds, I need the help of a lawyer.”
It should be remembered that passengers in the vehicle are witnesses to what is happening, so the requirement to include their information in the protocol is legal. If the inspector refuses, you should indicate this fact in the explanatory part and independently enter the identifying information of the witnesses.
If there are no witnesses on the driver’s side, then measures should be taken to prevent the possibility of the inspector entering persons who are not such in this column.
After mandatory reading and signatures, they require a copy of the protocol for subsequent appeal of the decision if there are grounds.

Compliance with the above recommendations will allow everyone to feel confident on the country’s roads, not only when directly driving a car, but also when communicating with law enforcement officers who see signs of violations in the driver’s actions. If necessary, require them to strictly comply with the communication regulations and provide evidence of the commission of an offense as provided by law. Monitor the quality of the protocol drafted by employees for further assertion of rights in higher authorities.

5 blunders in a conversation with a traffic police officer

Don't be rude

Paragraphs 43 and 44 of the Administrative Regulations, approved by Order of the Ministry of Internal Affairs of Russia No. 664 (as amended on December 21, 2017), describe the principles that a traffic police officer must adhere to when communicating with a driver. The main ones include: politeness, tact, display of calm and restraint, addressing exclusively “you”. Among other things, the inspector is obliged to refrain from rudeness, offensive expressions and remarks, not to be arrogant, and not to make biased remarks.

All these rules also work in the opposite direction, which means they are extremely relevant for every driver. Even if you think that you have not violated anything, try to moderate your ardor in time and communicate with the inspector politely - this will make it much easier to resolve all disagreements.

Don't demand

“Tell me immediately why you stopped me! “—not the best wording, would you agree? And if you add a disdainful, arrogant tone to such a question, then you clearly can’t cook porridge.

The inspector is required to introduce himself, stating his position, title and surname, and also, if you ask for it, show his identification, then state the reason and purpose of his appeal (clause 45 of the Administrative Regulations). Otherwise, the driver himself can take the initiative and politely ask the traffic police officer to introduce himself and explain the reason for the stop. The main thing is to express your requests tactfully.

It is not prohibited to once again clarify or ask the inspector to further clarify his requirements, comments, the basis and reason why the rights and freedoms of the motorist are being limited, the essence of the violation and the specific rule of law referred to by the traffic police officer (paragraphs 43, 45, 50 of the Administrative Regulations) . Answering the driver’s questions as clearly and unambiguously as possible is the direct responsibility of the traffic police officer. “Downloading your rights” is not the best solution; it is much more productive to communicate respectfully and rely on specific regulations.

Don't forget your rights and responsibilities

A good half of road disputes with traffic police officers most often arise due to a banal ignorance of traffic rules, the Code of Administrative Offences, the Federal Law “On Road Safety” and the Administrative Regulations. Everyone who gets behind the wheel must thoroughly study the Traffic Rules (clause 11 of the Administrative Regulations and clause 1.3 of the Traffic Regulations).

It is equally important to know the rules of communication with the traffic police inspector. There are many nuances. For example, a motorist is not obliged to immediately leave the car when the car stops: it is enough to lower the window on the driver’s side and wait for the inspector to approach you (clause 48 of the Administrative Regulations). True, if there are objective circumstances due to which it is unsafe for the inspector to be on the roadway and approach the driver’s door, he can turn to the driver from the opposite side of the car or act according to the situation. For example, ask to open any other window and even offer to move the car to the place indicated by him (clauses 48 and 93.2 of the Administrative Regulations). There is no point in being annoyed, surprised, or arguing in such cases, because this is the right of a traffic police officer, which he can use. In addition, in certain situations, the inspector has the right to ask the motorist to get out of the car.

The list of cases in which a traffic police officer may suggest leaving the car:

the driver has signs of intoxication and (or) illness (clause 93.1 of the Administrative Regulations);
conducting a personal search, inspection or search of a vehicle and cargo (clause 93.1 of the Administrative Regulations);
carrying out, in the presence of the driver (vehicle owner), reconciliation of the numbers of units and components of the vehicle with the entries in the registration documents (clause 93.1 of the Administrative Regulations);
when the driver’s participation is required in carrying out procedural actions, as well as providing assistance to other road users or police officers (clause 93.1 of the Administrative Regulations);
if it is necessary to eliminate a technical malfunction of the vehicle or violations of the rules for transporting goods (clause 93.1 of the Administrative Regulations);
when the behavior of a road user creates a threat to the personal safety of an employee (clause 93.1 of the Administrative Regulations);
take a seat in a patrol car or go to the office premises when his participation is necessary for the preparation of procedural documents (clause 93.3 of the Administrative Regulations).

Another important aspect concerns documents. When handing over documents to the inspector for inspection, you need to make sure that they are without covers, holding devices, unnecessary items, money and securities (clause 53 of the Administrative Regulations). Knowing the basic rules will help avoid misunderstandings.

Don't make excuses

The driver sometimes fundamentally disagrees with the fact that he violated traffic rules. What happens most often in such cases? As a rule, he either makes excuses or eloquently proves that he did not violate anything. Although the first thing you need to do is demand proof of your guilt. For example, photo and video data that clearly shows a violation. Remember that the driver is not obliged to prove his innocence (presumption of innocence), except in cases of recording an administrative offense using special technical means operating automatically, having the functions of photography, filming, video recording, or means of photography, filming, video recording (Article 1.5 Code of Administrative Offenses of the Russian Federation).

An employee of the State Traffic Inspectorate must prove the driver’s guilt. Therefore, it is enough to correctly inform him of your innocence and the right not to testify against yourself (Clause 1, Article 51 of the Constitution).

When it comes to drawing up a protocol, the driver must be explained his rights and obligations, which is noted in the document (Part 3 of Article 28.2 of the Code of Administrative Offenses of the Russian Federation). When preparing the paper itself, carefully read each of its points. The protocol must describe the violation that the driver committed, with a mandatory indication of the place and time. Check the date, indication of the place where the protocol was drawn up, position, surname and initials of the traffic police officer, your own data and data of witnesses, if any (Part 2 of Article 28.2 of the Code of Administrative Offenses of the Russian Federation).

If your opinion on a certain situation runs counter to the position of the inspector, feel free to supplement the document with your explanations, comments, and argue your own point of view (Part 4 of Article 28.2 of the Code of Administrative Offenses of the Russian Federation).

Place dashes in empty lines and be sure to provide the protocol with the wording “I do not agree with the violations.” I didn’t violate any traffic rules.” Correctly insist that the term “driver” appear in the document and not “violator”. And don’t forget to ask for a copy of the protocol (Part 6 of Article 28.2 of the Code of Administrative Offenses of the Russian Federation). Don’t get confused, don’t be timid, don’t go into conflict, just remember what you have the right to, and tactfully insist on yours.

Don't be unfounded

A dispute without facts is meaningless. Always try to support your position with references to specific norms. When you appeal to the letter of the law, it is extremely difficult to find counterarguments. Let's say, if you were stopped and they claim that you were not wearing a seat belt while driving, then be sure to ask the traffic police inspector to provide photographs or videos that will clearly show that this is the case. If there is no evidence, and the emphasis is placed on the fact that at the time of the conversation with the inspector you were not wearing a seat belt, then you can refer to Art. 12 . 6 of the Code of Administrative Offenses of the Russian Federation, which clearly states that you only need to fasten your seat belt while the car is moving. From which it directly follows that the motorist can unfasten his belt immediately after stopping the car in order to remove, for example, documents from his pocket.

If the car has a DVR that simultaneously films what is happening inside and outside the car, this will confirm your position. If there is no camera, as well as no evidence, and the inspector still insists on his opinion, ask to draw up a report and indicate all your arguments, noting that there is no direct evidence of your guilt.

There are also situations when the belt buckle fails or breaks right on the road (anything can happen). In this case, too, do not panic. You need to explain to the traffic police officer that the incident happened right on the way and you are heading to the parking lot or service station to fix the problem (Section 2.3.1 of the Traffic Regulations). And finally, if the design of your car does not provide for the presence of seat belts at all, then there will be no violation on your part either (Article 12.6 of the Code of Administrative Offenses of the Russian Federation).

Legal literacy will help to tactfully resolve a lot of controversial issues, based on specific facts, and not on unfounded statements. When communicating with a traffic police inspector, you should not be led by emotions, no matter what the situation. The key to successful dialogue is politeness and knowledge of the law.