Is the traffic police inspector required to present a certificate?

Can a driver demand that a traffic police officer present his service ID?

All actions of traffic police officers are regulated by Russian legislation, however, not all drivers have an understanding of their rights and responsibilities and because of this they find themselves in unpleasant situations. The most common reason for stopping a motorist is to check for a driver's license or insurance. But not every driver knows that first you need to check the documents of the traffic police inspector and make sure that he really is who he claims to be.

Does the inspector have to present his document?

Paragraph 3, clause 2.4 of the Traffic Regulations states that a person who has the authority to stop cars, after the driver’s request, is obliged to present an official ID. And according to paragraph 45 of Order of the Ministry of Internal Affairs of the Russian Federation No. 664 dated August 23, 2017 “On approval of the Administrative Regulations,” this document is presented in expanded form, but it is prohibited to let it out of hand. In this case, the first thing a traffic police officer must do in accordance with the Rules after stopping a car is to introduce himself (state his last name, rank, position) and indicate the reason for the stop. After this, the driver can ask to provide a certificate, but without this requirement the inspector is not obliged to obtain the document.

However, all road users are strongly recommended to require this document in order to first of all make sure that the inspector is real and not a fraudster. And also to verify the data specified in the protocol and in the certificate, since the traffic cop may deliberately provide false information. So, if a car is stopped by a traffic police officer, the driver must:

1. Wait until your name, title and position are announced.
2. Ask to see the ID so that all the information on it is visible.
3. Demand not to hide the document this very second, so that you can transfer all the data to your notebook.
4. Do not try to take it into your own hands, as this is prohibited by law.
5. Report a fake or expired document to the duty station using the number indicated on the inspector’s car.

Another reason why it is recommended to rewrite all the information from the service ID is that this information will help to find in the future the traffic police inspector who took all the documents and deliberately did not return them or issued them, but forgot one and it remained with him. Such actions on the part of a representative of the state traffic police will be illegal, and the injured driver can write a claim (complaint) to management or to higher authorities.

What should a driver do if his request is refused?

If, after the driver reminds you to present your license, the traffic police officer refuses to do this or takes it out and immediately puts it back in his pocket, without giving you the opportunity to study the information contained in it and rewrite it, then it is recommended to contact the following numbers, having previously notified the stopping inspector:

• The uniform number of the Ministry of Internal Affairs is 102;
• Emergency service - 112;
• Helpline (its number is usually printed on the inspector’s car);
• “Hotline” 8-800-250-02-35 or 8 (495) 667–74–47;
• Main Department of Internal Security - 8 (495) 667-07-30.

By phone, you must inform where exactly outside the stationary post a person in a traffic police uniform stopped the car to check documents and that he refused to present his ID. This call will help determine exactly who stopped the car owner - a real traffic police officer or a fraudster. If the person stopped turns out to be a “fake” traffic cop, then you must immediately close and lock all doors and windows and drive to a safe distance.

Conclusion

Thus, according to the current Regulations, when stopping a car, a traffic police officer must introduce himself, state his position and the reason for the stop. The inspector is obliged to present his official license only at the request of the driver, while he has no right to transfer it into the wrong hands, but can keep the document open until the car owner becomes familiar with all the information he needs.

We require the traffic police inspector to present his official ID

Not every driver knows that if your vehicle is stopped, the inspector is obliged to show you his service ID. If he does not do this, then you have every right to demand that the traffic police officer show him.

Persons who have the right to stop a vehicle are required to present an official identification card upon the driver’s request. (clause 2.4 as amended by Decree of the Government of the Russian Federation dated October 31, 1998 N 1272)

Paragraph 3 of clause 2.4 of the traffic rules

When stopping a vehicle or pedestrian, the employee, at the request of a road user, is obliged to present an expanded service ID without letting it go .

Paragraph 5 of paragraph 20 of the Order of the Ministry of Internal Affairs of the Russian Federation dated March 2, 2009 No. 185

If the inspector initially stopped your vehicle in order to extort a bribe from you, then when asked to show your ID, he will begin to get nervous, come up with reasons not to show it, and in general, will not behave entirely correctly.

If we talk about this situation on behalf of the inspector, then when asked to show the ID, he immediately understands that the driver is well informed in all aspects of the law and most likely he will require the drawing up of a protocol, while observing procedural norms.

When communicating with the driver, the traffic police officer must be restrained and address you as “you,” so if such a small request can piss him off, then you can safely write a complaint about incompetent attitude. Hidden meaning in his words, that is, ordinary hints of a bribe, is also not allowed. Of course, our inspectors, almost through one another, are trying to make you understand that giving money in your hands will greatly facilitate the procedure for issuing a fine, or rather, get rid of it altogether. But do not fall for corrupt requests.

The relationship between employees and road users should be based on strict adherence to the law, strict performance of their duties, a combination of determination and integrity in the prevention and suppression of offenses with an attentive and respectful attitude towards citizens.
In a conversation with road users, an employee must be polite, objective and tactful, address them as “you”, present their demands and comments in a convincing and understandable form, excluding the possibility of erroneous or ambiguous understanding, show calmness and restraint.

Clause 19 of the Order of the Ministry of Internal Affairs of the Russian Federation dated March 2, 2009 No. 185

Why do you need the data from his ID if you don’t even have time to remember it?

Initially, when you look at the ID, you will immediately understand that this is a real inspector, not a criminal. A fake “crust” will quickly give itself away.

Read carefully, because if your rights are violated, you will already know which department you need to file a complaint with.

To verify data. The protocol will contain all the information from the ID, and to ensure that the inspector does not provide false information, you need to check everything. Do not forget that a copy of the protocol will be in your hands, so there is no need to memorize the information, but simply study it carefully.

Also, familiarizing yourself with this document will help you navigate the situation when it is necessary to file a complaint, but in the protocol the specified information is written in illegible handwriting.

In addition, there are cases when you submitted documents for verification, but one or more of them were not given to you. In this case, call 102 or the number of the duty station, which is indicated on the patrol car, and report that such and such an inspector has stolen your documents.

Remember - the ID should be requested at the beginning of your conversation, but after the inspector introduces himself and tells the reason for the stop. By following these simple steps, cases of corruption will become much less frequent, and there will be fewer reasons for divorce.

Is the driver required to present documents to the traffic police inspector?

If a traffic police officer stops you outside a stationary traffic police post and demands to show your documents, it is important to know the grounds for such an action and present an algorithm of actions if the inspector violates the driver’s rights. It is also worth knowing the difference between “show” and “transmit.” These and other points require more detailed consideration.

Do I need to hand over documents to a traffic police officer?

The first step of the traffic police inspector after stopping the driver is to check the availability and composition of documents for the car and the right to drive the vehicle. Drivers have a reasonable question: why hand over documents at all if showing them is enough. It is important to consider a number of points here:

1. It is not recommended to transfer your license and registration certificate directly into the hands of a traffic police inspector outside a stationary patrol post. If a traffic police officer makes such a demand, his action is illegal. If the requirement is ignored, the authorized employee may believe that the driver has something to hide. As a result, he continues to look for other violations to hold the person accountable.
2. Sometimes a traffic police officer takes documents for transport and a car, after which he keeps them for a long time. Such an action is considered direct abuse of official position.
3. It happens that a person in a hurry forgot to take some of the documents with him. In such circumstances, it is important to know the theoretical basis in order to protect personal interests when communicating with the inspector.

What does the legislation say?

The laws of the Russian Federation address the issue of checking driver documentation. The main document that is emphasized when considering the nuance is the order of the Ministry of Internal Affairs numbered 664, issued on August 23, 2017. The process and grounds for checking the driver’s documents are described in detail here. Of greatest interest is Article 106, which specifies the reasons why a traffic police inspector has the right to request driver’s documents. If a traffic police officer makes such a demand without having any grounds for it, such an action is illegal.

Reasons for stopping include:

• The inspector determined that the traffic participant was deviating from the traffic rules. The main reason for stopping and checking documents is usually considered to be the driver’s deviation from the requirements of traffic rules. If there is such a fact, the person driving is obliged to submit documents for consideration. But this does not apply to situations where a traffic police officer “invents” a violation in order to punish the driver with a fine.
• Orientations confirming a violation of traffic rules by a specific vehicle or the commission of a criminal act. A stop is also possible if there is suspicion that this particular car is wanted for theft. In most cases, it is this reason for the stop that is voiced by the traffic police officer. If the traffic police officer refers to the orientation, the driver may demand to show it, and then the inspector finds himself in an uncomfortable situation. In this case, the stopped person has the right to dial the number of the duty station and receive information about the availability of a specific orientation.

The above possibility is specified in Article 52 of the Order. It states that the traffic police officer, at the request of the driver, is obliged to provide the location and telephone number of the traffic police unit or the telephone number of the local branch of the Ministry of Internal Affairs of the Russian Federation at the regional level (where the stopping officer works).

• Implementation of measures aimed at preventing accidents. As in the case discussed above, you can find out the number of the duty station, then dial the number and receive confirmation of this information. If the other end of the line confirms that such events are taking place, the person driving is required to show documents.
• Engaging a driver as a witness or using a vehicle.

What should a driver do if such a situation arises?

Knowledge of the theory allows a person to protect his rights and feel confident when communicating with a traffic police officer. It is easier for the driver to answer the inspector without breaking the law. As for the detailed algorithm of actions, it looks like this:

1. Let us clarify on what basis Article 106 of Order No. 664 puts forward the inspector’s requirement to verify documents.
2. If the requirement is ignored (the traffic police officer does not give reasons), the driver has the right not to present documents. If the inspector insists on this, we ask for the number of the duty station where the traffic police officer serves, or call the hotline. In the second case, you need to dial 8-800-222-74-47.
3. In the event that a traffic police officer points out a traffic violation that did not occur, it is necessary to require proof of this fact. If it is available, the driver is required to present documents.
4. In a situation where a traffic police officer talks about the presence of an orientation or other event, we check the telephone number of the duty station, dial the specified number and confirm this fact.
5. If the inspector violates the driver's rights, we act in the same way as in the case discussed above - we call the duty station and report the illegal actions of the traffic police officer.

Knowledge of the rules discussed above allows the driver to protect his rights during document verification. But here it is important to immediately assess the inspector’s behavior in order to determine the right strategy.

Iron arguments. Is the driver required to hand over documents to a traffic police officer?

The question of whether a driver is obliged to hand over documents to the traffic police officer who stopped his car worries many. A conscientious motorist, of course, has nothing to fear. If he has no outstanding fines and has not violated anything, then checking his documents is an empty formality. Another issue is that inspectors are not always conscientious. So, sometimes there are cases when a document handed over to a traffic police officer mysteriously “disappears”, and the driver is forced to pay a fine, and then also restore the papers at his own expense.

What to do?

So, don’t give the documents to the inspector and only show them from a distance, through the window? What if he directly demands to give them to him? Refuse? Wouldn't this be qualified as a refusal to comply with a lawful request of a police officer and wouldn't it lead to additional problems? Is the driver obliged to provide documents when following the order of a traffic policeman?

So, let’s imagine: a traffic police inspector stops you, introduces himself in full form, and demands that you present documents. If we turn to the Rules of the Road, namely to paragraph 2.1.1, which regulates the general duties of drivers, it becomes obvious that he is obliged to hand over, and not present, all the necessary documents to the traffic police officer.

That is, you cannot show your license through the car window; this is a violation of the law. They must be handed over to the inspector personally. The traffic police officer must determine the authenticity of the documents presented, and he can do this tactilely, that is, by touch. In addition, in some cases it is necessary to carefully examine the numbers in order to check the driver and the car he is driving against a special database.

However, the traffic police inspector cannot take the license into his car or to the post to draw up a protocol or to carry out an inspection. If you follow the letter of the law, then the traffic police officer can only invite the driver to leave his vehicle and proceed with him to the official car or to the office premises, where all the necessary paperwork is already completed. The driver has the right to disagree. And since filling out the protocol must take place in his presence, the traffic police inspector will have to carry out all procedural actions on the spot.

However, you need to remember that in three cases the driver is still required to leave the vehicle:

• if he shows signs of alcohol or drug intoxication;
• if the vehicle or trailer is faulty;
• if an inspection of the car and the driver personally is necessary as part of a special operation.

Also read another article about how to avoid getting scammed at a car service center.

How to protect yourself?

So, the question of whether the driver is obliged to hand over documents to the traffic police inspector no longer arises. According to traffic rules and generally accepted practice, I am obliged. Of course, you can challenge this point of the Rules, like any other, in court. However, it is easier to take preventive measures to protect yourself from fraud by road inspectors.

In general, the scheme looks like this.

1. According to the Law “On Police”, when stopping a vehicle, an inspector is obliged to introduce himself and explain the purpose of his appeal. If he did not do this, then the driver has the right not to continue the conversation.
2. When asked to present your license, policy, etc. the motorist may ask the inspector to show his service ID, which the driver does not have the right to pick up, but can freely copy down all the necessary data or dictate it to a recording device.
3. When talking with an inspector, you can turn on a voice recorder or video recorder to record the entire process, and it is not necessary to warn the law enforcement officer about this.
4. If recording is being carried out, then when transmitting documents you need to clearly pronounce their names out loud. It must also be indicated that they had no visible damage.
5. After returning, it is necessary to record the quantity and condition of the papers returned.

It’s good if a passenger is present when handing over documents. Contrary to popular belief, he is excellent as a witness since he is not an interested party. His testimony will definitely be taken into account if the matter comes to trial, even if he does not know whether the driver is obliged to give documents to the inspector.

Find out how to collect documents for the transportation of goods in another article.

In addition, all documents can be secured using a special anti-corruption clamp. This device secures them tightly in a single bundle, and without opening the lock it is impossible to remove or add anything. According to the law, such clamps are not prohibited; on the contrary, their development was once initiated by the leadership of the federal traffic police. The inspector's demands to open the clamp and hand over the papers to him separately are illegal. He may well look at them anyway; this issue is not regulated in any way in the Regulations.

What documents should I give?

The question of whether the driver is obliged to hand over documents to the inspector under the Code of Administrative Offenses has been clarified, but it is important to know which documents the driver must hand over to the inspector. These include:

• driver's license (if it is not available, a temporary permit);
• registration documents for the car and trailer (if used);
• a valid MTPL insurance policy;
• waybills, cargo invoices, etc. - when carrying out professional activities.

Requesting other documents, such as a passport or medical certificate, is illegal. Also, in 2016, you do not need to present a vehicle inspection certificate or power of attorney. In the latter case, it is necessary that the details of the person currently driving the vehicle be entered into the MTPL policy.

When should you stop?

Not all drivers know that, in accordance with innovations in the legislation, traffic police inspectors cannot stop just like that, “to check documents.” According to changes in the 185th order of the Ministry of Internal Affairs of the Russian Federation (aka “Administrative Regulations”), inspection officers can stop any vehicle to check documents exclusively at stationary traffic police posts and checkpoints. Just like that, on the street, just to check for license and insurance, traffic police officers no longer have the right to do this.

However, there are three exceptions to the rule:

• if traffic police officers carry out operational activities;
• if the driver violated traffic rules;
• if the driver is under the influence of alcohol or drugs.

If the traffic police carry out special measures, the traffic police inspector must notify the driver about this. He has the right to call the territorial traffic inspectorate or the police duty station and make sure that such events are actually being carried out. If the fact is not confirmed, then the stop is considered illegal, and the driver is not required to present anything to the police officer.

If the police officer claims that the motorist violated traffic rules, he must present evidence, for example, witness statements. Only in this case can he demand to see the documents.

If the driver is drunk, then the traffic police officer has the right to prevent him from driving at all.

What to do if you do stop?

If the inspector, having stopped the driver in an arbitrary place, still insists on presenting documents, then he can obey, but when drawing up a protocol he has the right to point out the illegality of the policeman’s actions. Experienced drivers suggest that this is a much better solution than trying to challenge the inspector’s actions, pointing out their illegality. An angry traffic official may accuse such a driver of disobeying a lawful order of a police officer. And it is better to avoid escalation of the conflict in this situation.

Is the driver required to open the trunk? Read here.

Thus, when answering the question whether a driver is required to hand over documents to a traffic police officer in 2016, you need to remember:

• documents must be handed over, and the entire dialogue with the inspector can be recorded on recording devices;
• checks of papers are carried out only at checkpoints and checkpoints, in exceptional cases - on city streets during emergency measures;
• The traffic police officer has the right to demand only those documents that are established by the Administrative Regulations.
• the driver may not get out of the car when talking with the inspector, unless he is drunk, the car has no visible damage and no special measures are being carried out;
• the driver has the right not to comply with the illegal demands of a police officer, and if forced to comply, he must record this in the protocol.

Traffic police check on the road: under what right?

The only document that the driver must follow is the Traffic Rules. He doesn't have to know the rest. But to be fully prepared, it is better to understand some provisions of the Police Law in advance. After all, quite often traffic police inspectors take advantage of the illiteracy of car owners and do what they want.

WHEN A TRAFFIC OFFICER HAS THE RIGHT TO STOP A CAR: EVERYONE STOP!

To check documents - driver's license, car papers, insurance, driver and passenger ID - the car can be stopped only at a stationary traffic police post. Not mobile, but stationary - see paragraph 63 of the Administrative Regulations of the State Traffic Safety Inspectorate (approved by order of the Ministry of Internal Affairs dated March 2, 2009 No. 185). On the road, an inspector has the right to stop you only for the following reasons: if you have violated traffic rules, or there is information (for example, from other drivers) about a traffic violation, or the car is passing through one of the traffic police search bases.

They may also stop to attract the driver as a witness or, if necessary, to provide assistance to the victim. Sometimes an inspector urgently needs to go on official business, but doesn’t have his own car... And the last reason (it is quite often used by traffic police inspectors to justify stopping and inspecting cars right on the road) is the holding of special events. But such events (mandatorily!) must be carried out on the basis of an order issued by the head of a department of the internal affairs body. It is clear that the inspector may not have a written order from his boss to inspect all passing Volvos to search for escaped criminal N. But he is obliged to refer to this very order and give the name and position of the manager who gave it.

If you are stopped in an open field, referring to some kind of “Interception” operation, immediately report this by calling the helpline (it is usually indicated on the traffic police vehicle) and duplicate the call to the emergency number 112 or 02. And then act in accordance with with traffic rules.

RIGHTS AND RESPONSIBILITIES OF THE TRAFFIC INSPECTOR AND DRIVER: EVERYTHING IS ACCORDING TO THE RULES

Before requesting documents, the traffic police inspector must introduce himself and show his official identification (clause 2.4 of the traffic rules). The driver must have with him (and present to the policeman upon request) a driver’s license, documents for the car, and an insurance policy (clause 2.1.1 of the traffic rules). In principle, the police officer may also require a passport. If the driver has not violated traffic rules or committed anything illegal, he must be released immediately. If the inspector is interested in what is in your pockets, in the trunk, in the cabin, under the hood, then this is already a personal search or a vehicle search, and its conduct is strictly regulated.

Personal searches are carried out in accordance with the requirements of Article 27.7 of the Code of Administrative Offenses of the Russian Federation (CAO RF). The search is carried out only by a person of the same sex as the driver, in the presence of witnesses of the same sex. If, for example, an inspector decides to examine a female driver, then he will have to call a female inspector and female witnesses to the scene. Otherwise, a personal search cannot be carried out! The exception is cases when it is reliably known that the driver has a weapon or an instrument of crime. A protocol must be drawn up regarding the conduct of a personal search, and a copy is given to the driver.

Vehicle inspection can only be carried out in the presence of the car owner and two witnesses; a protocol must be drawn up.

Inspection of a vehicle is carried out in approximately the same way (Article 27.9 of the Code of Administrative Offenses of the Russian Federation). And here it is necessary to have witnesses present and to draw up a written protocol. The car is inspected only in front of the owner-driver!

If the inspector decides to rummage through the trunk himself, this is no longer an inspection, but a search. And it is possible only with the sanction of the court or prosecutor. I advise you to calmly remind the inspector about the inspection procedure. If your remark has no effect, call the helpline again.

Often inspectors are concerned about the presence of a warning triangle, first aid kit, or fire extinguisher. Here I would like to remind you: clause 2.1.1 of the traffic rules contains an exhaustive list of documents that the driver is required to present to the inspector - it does not contain any first aid kits, emergency signs or fire extinguishers. All this is controlled during a technical inspection. And the driver himself, before getting behind the wheel, is obliged to check the technical condition of the car. We all do this, right?

And therefore, the inspector has no right to demand that the trunk be opened “just to have a look.” Is there any reason to suspect the driver of transporting something prohibited? Let him call two witnesses and draw up an inspection report. No other way. By the way, the inspector’s partners cannot be witnesses. There is another move with which a police officer can try to look under the hood or in the trunk - checking the engine and body numbers. Only a technical control inspector has the right to conduct a so-called check of the technical condition of a vehicle in accordance with the Administrative Regulations (approved by Order of the Ministry of Internal Affairs No. 185) - at stationary posts, using special equipment. However, a traffic police inspector can check identification numbers, but only visually. That is, he looked under the hood, looked at the number, compared it with what is indicated in the documents (or is in the police officer’s computer, in the database) - and that’s all. He has no right to force the driver to clean his license plate!

PSYCHOLOGIST IN EMAILS

It happens that the inspector - especially after listening to the remark of a particularly smart driver - takes a wait-and-see attitude. Others begin to fuss, for some reason they offer to voluntarily show all things to the officer, or even come to an agreement... Why? It is enough to remind the inspector about Article 12.35 of the Code of Administrative Offenses of the Russian Federation. According to it, for illegally restricting the right to drive a vehicle, an official, that is, a traffic police inspector, faces a fine of 20,000 rubles!

And the fact that the inspector restricts the movement of the car without legal grounds can (and should!) be recorded on a voice recorder, phone camera or video recorder. In accordance with Article 26.7 of the Code of Administrative Offenses of the Russian Federation, such records are evidence and will be used when considering a complaint against the actions of the inspector.

Any media is suitable for them. We send the complaint to a higher division of the traffic police or to the prosecutor's office at the place where the vehicle was stopped. And it’s better to duplicate it on the traffic police website... But, I hope, in most cases it won’t come to that. From my own experience I can say: the driver’s peace of mind, based on knowledge of regulations, will cool down overly zealous traffic police inspectors.