Is the driver required to present a first aid kit and fire extinguisher?

Fine for lack of a first aid kit, fire extinguisher and warning triangle in 2019

Often on our roads you can find a large number of traffic police officers who try not to miss a single car in order to issue a fine for any, even minor, violation. Today I would like to discuss a situation where you have a first aid kit, a fire extinguisher and a warning triangle in your car, but the inspector does not believe you and demands to see them.

Regardless of where the action takes place, at a stationary post or on a remote country road, your actions should be as follows:

Initially, the inspector must introduce himself, name his position and state the reason for the stop.

When addressing a road user, the employee must introduce himself, stating his position, special rank and surname, and then briefly state the reason and purpose of the appeal.

Paragraph 1 of paragraph 20 of Order of the Ministry of Internal Affairs of Russia dated March 2, 2009 No. 185

After this, he must present his ID. If he did not do this, then remind him of this, since this is his responsibility.

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 Order of the Ministry of Internal Affairs of Russia dated March 2, 2009 No. 185

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 Decree of the Government of the Russian Federation of October 31, 1998 N 1272)

Paragraph 3 of clause 2.4 of the traffic rules

After the ID is shown to you, ask to indicate the clause of the traffic rules that would oblige you to present this content. If the inspector starts pointing out points from the order of the Ministry of Internal Affairs, tell him that they are not of interest to you, since the basic law of the driver is traffic rules. In theory, this should be paragraph 7.7 of Chapter 7 of the List of faults and conditions under which the operation of vehicles is prohibited. This list is an addition to the traffic rules.

Absent:
on buses, cars and trucks, wheeled tractors - a first aid kit, fire extinguisher, warning triangle in accordance with GOST R 41.27-2001; (as amended by Resolutions of the Government of the Russian Federation dated December 14, 2005 N 767, dated November 12, 2012 N 1156) on a motorcycle with a side trailer - a first aid kit, a warning triangle in accordance with GOST R 41.27-2001. (as amended by Resolutions of the Government of the Russian Federation dated December 14, 2005 N 767, dated November 12, 2012 N 1156)

Clause 7.7 of Chapter 7 of the List of Faults

If the inspector could not tell you this item, then remind him that you have a valid Technical Inspection coupon.

If this does not convince him that you have everything and he urgently asks you to present these items, then tell him that you have everything, but in order for him to be able to personally verify this, let him draws up a vehicle inspection protocol and invites two witnesses.

1. Personal search, examination of things that are on an individual, that is, an examination of things carried out without violating their structural integrity, is carried out if necessary in order to detect instruments of committing or objects of an administrative offense.

2. Personal search and search of things in the possession of an individual are carried out by officials specified in Articles 27.2, 27.3 of this Code.

3. A personal search is carried out by a person of the same sex as the person being searched in the presence of two witnesses of the same sex. Inspection of things carried by an individual (carry-on luggage, luggage, hunting and fishing tools, obtained products and other items) is carried out by authorized officials in the presence of two witnesses or using video recording. (as amended by Federal Laws dated December 3, 2008 N 250-FZ, dated October 14, 2014 N 307-FZ)

4. In exceptional cases, if there are sufficient grounds to believe that an individual has weapons or other items used as weapons, a personal search or search of things on the individual may be carried out without witnesses. (as amended by Federal Law dated December 8, 2003 N 161-FZ)

5. If necessary, photography and filming, and other established methods of recording material evidence, are used. (as amended by Federal Law dated October 14, 2014 N 307-FZ)

6. A protocol is drawn up about a personal search, search of things that are with an individual, or a corresponding entry is made in the protocol on delivery or in the protocol on administrative detention. The protocol on a personal search, examination of things in the possession of an individual, indicates the date and place of its preparation, position, surname and initials of the person who compiled the protocol, information about the individual subjected to personal search, the type, quantity, and other identifying characteristics of things , including the type, brand, model, caliber, series, number, other identification features of the weapon, the type and quantity of ammunition, the type and details of documents found during the inspection and carried by the individual.

7. In the protocol on a personal search, examination of things in the possession of an individual, a record is made of the use of photography and filming, and other established methods of recording material evidence. Materials obtained during a personal search, examination of things in the possession of an individual, using photography and filming, and other established methods of recording material evidence, are attached to the corresponding protocol. (as amended by Federal Law dated October 14, 2014 N 307-FZ)

8. The protocol on a personal search, examination of things in the possession of an individual, is signed by the official who compiled it, the person against whom proceedings are being conducted for an administrative offense, or the owner of the things subjected to search, by attesting witnesses in the case of their participation. If the person against whom the proceedings are being conducted, the owner of the things subjected to inspection, refuses to sign the protocol, a corresponding entry is made in it. A copy of the protocol on the personal search, the search of things in the possession of an individual, is handed over to the owner of the things subjected to search, at his request. (as amended by Federal Laws dated December 8, 2003 N 161-FZ, dated October 14, 2014 N 307-FZ)

Article 27.7 of the Code of Administrative Offenses of the Russian Federation

If the inspector threatens you with drawing up an inspection report, you should ask him what good reason will be given for inspecting the car. The absence of a first aid kit, fire extinguisher and sign in sight is not a good reason. If the traffic police officer nevertheless indicates such a reason in the protocol, then he will be in violation of Article 19.1 of the Code of Administrative Offenses of the Russian Federation.

Arbitrariness, that is, the unauthorized exercise of one’s actual or perceived right, contrary to the procedure established by federal law or another regulatory legal act, without causing significant harm to citizens or legal entities, entails a warning or the imposition of an administrative fine on citizens in the amount of one hundred to three hundred rubles; for officials - from three hundred to five hundred rubles. (as amended by Federal Law dated June 22, 2007 N 116-FZ)

Article 19.1 of the Code of Administrative Offenses of the Russian Federation

Tell the inspector that his actions are illegal and you will appeal them through the prosecutor's office, after which you should send the complaint to the specified place within 10 days.

Chapter 2 of the Traffic Regulations “General Duties of the Driver” does not say anywhere that, at the verbal request of the inspector, the driver is obliged to show a first aid kit, fire extinguisher or warning triangle. The inspector can make such a requirement only in the absence of a completed inspection. Or discover their absence during the vehicle inspection process. There are no other legal ways.

If you decide to honestly admit that you do not have these things in the car, then the fine for not having a first aid kit, fire extinguisher and warning triangle in the car will be 500 rubles.

Driving a vehicle in the presence of malfunctions or conditions under which, in accordance with the Basic Provisions for the admission of vehicles to operation and the duties of officials to ensure road safety, operation of the vehicle is prohibited, with the exception of malfunctions and conditions specified in parts 2 - 7 of this article , (as amended by Federal Laws dated July 22, 2005 N 120-FZ, dated July 10, 2012 N 116-FZ) entails a warning or the imposition of an administrative fine in the amount of five hundred rubles. (as amended by Federal Laws dated June 22, 2007 N 116-FZ, dated July 23, 2013 N 196-FZ)

Part 1 of Article 12.5 of the Code of Administrative Offenses of the Russian Federation:

I would like to pay special attention to the first aid kit. The complete set of a car first aid kit in 2019 consists mainly of bandages and plasters. Medicines are excluded, since due to safety precautions due to the strong heating of the cabin (in summer it can reach up to 50 degrees), the tablets release hazardous substances and are also subject to spoilage.

If you know that you have a serious illness that requires emergency care, for example, asthma, then you can supplement your first aid kit with the necessary medications.

Of course, there are particularly arrogant traffic police officers who want to get caught up in something just to issue a fine. If you come across just such an inspector, then get ready for the fact that he may require you to check the contents of your first aid kit. If you are missing a couple of bandages or plasters, there is no need to make excuses and promise to replenish them. Calmly explain that just a couple of tens of kilometers ago the cyclist fell, and you provided him with first aid. They have no right to issue a fine for this. If you do not have a fire extinguisher, then you should inform the inspector that you lit a fire that was forgotten by someone on the side of the road. As for the emergency sign, you kindly gave it to the driver of the broken down car. In any case, at the moment you are heading to the repair site to eliminate these faults, taking all precautions.

If other malfunctions occur along the way, for which the operation of vehicles is prohibited by the appendix to the Basic Provisions, the driver must eliminate them, and if this is not possible, then he can proceed to the place of parking or repair in compliance with the necessary precautions;

Paragraph 3 of clause 2.3.1 of traffic rules

If an inspector waves in front of you a supplement to the traffic rules with the title: “List of malfunctions and conditions under which operation of the vehicle is prohibited” and emphasizes the word “operation is prohibited,” do not take this title literally. The inspector just really wants to scare you more. All possible cases of prohibition of operation are given in detail either in Chapter 13.1 of this book “Grounds for prohibiting the operation of a car”, or in Part 1 of Article 27.13 of the Code of Administrative Offenses of the Russian Federation.

In case of violations of the rules of operation, use of a vehicle and driving a vehicle of the corresponding type, provided for in Part 1 of Article 11.8.1, Articles 11.9, 11.26, 11.29, Part 1 of Article 12.3, Part 2 of Article 12.5, Parts 1 and 2 of Article 12.7, Parts 1, 3 and 4 of Article 12.8, parts 4 and 5 of Article 12.16, parts 3 - 4 and 6 of Article 12.19, parts 1 - 3 of Article 12.21.1, part 1 of Article 12.21.2, Article 12.26, part 3 of Article 12.27, part 2 of Article 14.38 of this Code, the detention of a vehicle is applied, that is, the exclusion of a vehicle from the process of transporting people and goods by moving it with the help of another vehicle and placing it in the nearest specially designated guarded place (specialized parking lot), and storage in a specialized parking lot until the cause of the detention is eliminated , and in case of violations provided for in Articles 11.26 and 11.29 of this Code, also until payment of an administrative fine if the vehicle in which the violation was committed leaves the territory of the Russian Federation. If, due to the technical characteristics of the vehicle, it is impossible to move it and place it in a specialized parking lot in the event of an administrative offense provided for in Part 1, 2 or 3 of Article 12.21.1 or Part 1 of Article 12.21.2 of this Code, the detention is carried out by stopping the movement using blocking devices . If the vehicle in respect of which the decision to detain is made will create obstacles for the movement of other vehicles or pedestrians, before the detainment begins, it can be moved by driving the vehicle by its driver or by the persons specified in part 3 of this article, in the nearest place where the vehicle will not create such obstacles. In the event of the commission of administrative offenses provided for in Articles 11.26 and 11.29 of this Code, the detention of a vehicle can be carried out by moving it by the driver of the detained vehicle or by the persons specified in part 3 of this article, and placing it in the nearest specially designated guarded place (specialized parking lot), as well as by stopping movement using blocking devices. (Part 1 as amended by Federal Law dated November 24, 2014 N 362-FZ)

Part 1 of Article 27.13 of the Code of Administrative Offenses of the Russian Federation

There are no other options. These conditions and malfunctions fall within the scope of Part 1 of Article 12.5 of the Code of Administrative Offenses of the Russian Federation. The punishment provided for in Part 1 of Article 12.5 of the Code of Administrative Offenses of the Russian Federation is a warning or a fine of 500 rubles. Suggest that the inspector give you a warning. If he drew up a protocol, then we write: “I don’t agree with the violation, the first aid kit is missing for a reason, I’m moving to the repair site using all precautions, in accordance with Traffic Regulations 2.3.1. I need the help of a lawyer." Ignore the inspector’s words that he will now process everything separately and the cost will be 1,500 rubles. According to Part 1 of Article 50 of the Constitution of the Russian Federation, no one can be punished again for the same violation unless it was committed at different times.

No one can be convicted twice for the same crime.

Is the driver required to present a first aid kit, fire extinguisher and warning triangle?

Let's consider a very popular topic and try to figure out whether the driver is obliged to present these items at the request of the traffic police officer.

Let's start with the fact that you must have these items in your car! Clause 7.7 of the rules tells us about this, namely: “prohibits the operation of cars if they are not equipped with a first aid kit, a fire extinguisher and a warning triangle.”

That is, if you are driving a car, then these items must be present in it; if something is not there, you should not start driving.

What should you present to the traffic police officer for verification?

Again, we refer to the traffic rules clause 2.1, the driver is obliged to submit documents for verification: license, registration certificate, insurance policy, and in special cases a number of other documents. We see that we are not obliged to hand over a first aid kit, fire extinguisher and warning triangle for inspection.

But as practice shows, this does not stop employees and they often insist that the owner of the car show the presence of these items.

Please note that employees have the right to this in the following cases:

— if there is a special event approved by the inspector’s management;
- if the inspector has reasonable grounds to believe that you do not have these items;

If everything is clear with the first point, that is, if the inspector tells you that a special event is taking place, you can demand documentary confirmation of this.
If the inspector refuses, point him to Article 5 of the Police Law. Observance and respect for the rights and freedoms of man and citizen
4. When contacting a citizen, a police officer is obliged to:
2) if measures are applied to a citizen that restrict his rights and freedoms, explain to him the reason and grounds for the use of such measures, as well as those arising in connection with this rights and responsibilities of a citizen.
7. The police are obliged to provide every citizen with the opportunity to become familiar with documents and materials that directly affect his rights and freedoms, unless otherwise provided by federal law.

But the second point, it is “blurry” - agree with the inspector that you cannot have objective data that you are missing these items unless the driver himself admits that he is missing these items.

What to do if the inspector insists on showing a first aid kit, fire extinguisher and warning triangle?

If the inspector insists, then you can ask him to refer to a clause in the rules that would oblige the driver to present the specified items for inspection. There are no such points and he will not be able to name them.

Just say that you have these items in the trunk, since clause 7.7 of the traffic rules prohibits me from leaving without these items. If the inspector demands to open the trunk, then you can inform him that this is already an inspection of the vehicle. Read the link to see the difference between an inspection and an inspection.

Conclusion. If a special operation is not taking place, then you are not required to present a first aid kit, fire extinguisher and warning triangle.

If, for some reason, the inspector determines that the driver is missing any of these items, then he has the right to draw up a protocol under Part 1 of Art. 12.5 of the Code of Administrative Offenses of the Russian Federation, liability for this offense is a warning or a fine of 500 rubles.

This article does not provide for vehicle evacuation.

Is the driver required to show the traffic cop a first aid kit and a fire extinguisher?

Everyone is well aware of the requirement of traffic police officers to demonstrate a mandatory kit, which includes a first aid kit, a fire extinguisher and a warning triangle. Stop! Is this a requirement or a request that can be ignored?

Typically, drivers prefer not to argue with people in uniform and fulfill all their wishes, taking it as their duty. But not always! Often attempts to inspect a vehicle encounter fierce resistance from drivers. As we have noted more than once, the inspector can initiate the procedure and carry it out without the special consent of the car owner - a corresponding clarification has even been issued on this topic. But the requirement to present a first aid kit, a fire extinguisher and a warning triangle usually does not cause outrage. Let's see if it's legal.

The Traffic Rules contain a List of faults and conditions under which the operation of vehicles is prohibited. Among them, according to paragraph 7.7, “a first aid kit, a fire extinguisher, an emergency stop sign in accordance with GOST R 41.27-99.” All this is mandatory for buses, cars and trucks, as well as wheeled tractors.

But Chapter 2 of the Traffic Regulations “General Duties of the Driver” does not say about the obligation to present a first aid kit, warning triangles, a fire extinguisher and other safety equipment. It’s another matter if the car is driven without a technical inspection or the inspector did not see this kit during the inspection of the vehicle. Lawyers note that it is possible to attract a driver under Article 12.5.1 of the Code of Administrative Offenses: “Driving a car or other vehicle in the presence of malfunctions or the absence of the necessary safety elements that are prescribed in the Basic Provisions for Permission to Operation. Ignoring this rule entails a warning and explanatory conversation or a fine of 500 rubles” in the event that he himself admitted to the absence of necessary items.

What is the sequence of actions if the inspector insists on showing him a first aid kit, a fire extinguisher and a warning triangle? Ask him to name the clause of the traffic rules that would oblige him to present all this. Remember that the internal orders of the traffic police, which traffic cops like to mention, have nothing to do with you, and you follow the traffic rules. Did not help?

As we know, according to the department’s explanation, the inspector has the right to inspect the car: “The driver is invited to voluntarily provide the police officer with the opportunity to visually inspect the vehicle and the intended places for transporting cargo, which are structurally intended for this (the trunk and glove compartment of a passenger car, the body of a truck and etc.)". But there may be personal items in the trunk that will not allow you to see three important items, and in this case, suggest that the traffic cop conduct an inspection by inviting two witnesses and drawing up a report.

The driver must know his rights, but the Rules must not be neglected. We hope that every car has a first aid kit, a fire extinguisher and a warning triangle.

What are the fines today for not having a fire extinguisher, first aid kit or warning triangle? Advice from a lawyer: how to avoid punishment.

So, let’s imagine a situation: a certain car owner drives his car, without violating the rules, observing the speed limit. However, a wave of the baton in the hand of the traffic police inspector forces him to pull over to the side of the road.

The inspector introduces himself and demands to demonstrate the presence of a first aid kit, fire extinguisher and warning triangle . If these items are not in the car, the inspector threatens with a fine. And of course, the driver cannot help but have a question: how legal are the actions of the traffic police officer?

Well, let's try to figure out what the punishment is for the absence of a sign, a first aid kit and a fire extinguisher - and also how this punishment should be imposed.

○ Consequences of not having a first aid kit, fire extinguisher or stop sign.

First of all, you need to remember the traffic rules. It contains a list of faults, as well as other conditions under which the vehicle cannot be used. And among other things, clause 7.7 of this list provides for the absence of:

• Warning triangle made in accordance with GOST R 41.27-99.
• Medical first aid kit.
• Fire extinguisher.

If any of these items are missing, neither the vehicle, be it a truck or a passenger car, nor a wheeled tractor can start moving. Interestingly, the traffic rules do not require crawler tractors to have these three things.

The requirement of the Rules itself is logical:

• Without a first aid kit, it is impossible to provide assistance to a victim of an accident.
• Without a fire extinguisher, it is unlikely that you will be able to fight a fire - in the event of an accident, a short circuit in the wiring, or a fire for other reasons.
• Finally, an emergency stop sign will not only help you avoid a collision, but will also save you from a fine if the car stalls in an area where stopping is prohibited.

In the same case, if the car owner does not have one of these three items with him, he will face administrative liability.

○ What are the fines and penalties in the absence of:

in itself is mandatory . However, in order to avoid a fine, it is necessary that it contains a set of medical supplies included in the list officially approved by the Ministry of Health of the Russian Federation. As of 2016, it includes:

• Tourniquet for emergency stop of arterial bleeding.
• Sterile bandages - 2 pieces each 5x10 and 5x5, one 7x14 (the first number is the length in meters, the second is the width in centimeters).
• The same set of non-sterile bandages.
• Sterile dressing bag – 1 piece.
• Set of sterile gauze wipes – 1 piece.
• Germicidal adhesive plaster – 2 pieces 4x10 cm, 10 pieces measuring at least 1.9x7.2.
• Rolled adhesive plaster – 1 roll of at least 1x250 cm.
• Medical gloves (at least M size) – 1 pair.
• Scissors with blunt edges – 1 piece.
• Device for artificial respiration (pulmonary resuscitation) – 1 piece.
• Instructions for use and case for first aid kit.

Typically, car first aid kits are sold complete, designed for storage for at least 4 and a half years. An expired first aid kit must be replaced no later than six months from the date of expiration.

It should be noted that the instructions and the case are also mandatory parts - so you can’t just pick up bandages, plasters, etc. at the nearest pharmacy, and then put them in a bag and throw them in the glove compartment.

Since 2010, the composition of the first aid kit has undergone changes. As you can see, there is now no requirement for any medications. This, however, does not mean that it is forbidden to have them there: the traffic police only monitor the presence of mandatory items, and on top of the set you can put whatever you consider necessary. It’s just that now the Ministry of Health believes that a first aid kit should be designed to carry out emergency cardiopulmonary resuscitation, stop bleeding - and everything else should be done by ambulance specialists who arrived at the scene of an accident.

As for punishments for the lack of a first aid kit, they are provided for in Part 1 of Art. 12.5 Code of Administrative Offenses of the Russian Federation. This provision provides that the perpetrator will be given a warning or a fine of 500 rubles . With the average price of a first aid kit being 300 – 350 rubles, it is more profitable to have one.

✔ Fire extinguisher.

The fire extinguisher meets the requirements stipulated by GOST R 51057-2001, as well as NPB 155-2002. According to these regulations, automobile fire extinguishers must meet the following requirements:

• Volume of at least 2 liters for cars, 5 liters for trucks.
• Weight in running order – at least 2 kg for cars, at least 5 kg for trucks.
• Expiration date – no later than indicated on the label. It is individual for each model, but on average, powder fire extinguishers need to be changed or recharged once every year and a half, and carbon dioxide fire extinguishers - once every five years.
• The marking must contain the charging date, expiration date (to within a month), the composition of the working mixture (powder, carbon dioxide, etc.), and brief instructions for use.

In the event that there is no fire extinguisher in the car, or it does not meet the standards, the punishment will be according to the above Part 1 of Art. 12.5 Code of Administrative Offenses of the Russian Federation i.e. warning or fine 500 rub.

A fire extinguisher is not as cheap as a first aid kit, but its cost is also comparable to the amount of the fine: on average, for a passenger car it can be purchased at a price of 300 to 600 rubles. However, if there is no fire extinguisher, then not only will there be nothing to fight the fire with, but you will also have to pay a fine every time this is discovered. In addition, there is no need to say that without it it is unlikely that you will be able to pass a technical inspection.

✔ Warning triangle.

An emergency stop sign according to the current GOST R 41.27-2001 must be an equilateral triangle with a side of at least 500 mm, made of orange or red material with a mandatory fluorescent or reflective strip along the edge with a width of at least 50 mm. This sign is displayed in case of an accident, during an emergency stop in places where parking is prohibited and in other situations when there is a threat of a collision between a moving vehicle and a stationary car. The sign is displayed:

• In the city - at a distance of at least 15 m from the car.
• On a country road - at least 30 m.

The specific distance must be chosen so that other drivers have time to notice the sign and react to it.

If the sign is missing, the driver may face the following punishment:

• For the very absence of a sign - under Part 1 of Art. 12.5 of the Code of Administrative Offenses of the Russian Federation ( fine 500 rubles or warning ).
• For failure to display a sign in the event of an emergency stop during an accident - Part 1 of Art. 12.27 of the Code of Administrative Offenses of the Russian Federation ( fine 1000 rubles - without the possibility of changing the type of punishment).

Considering that the sign costs (depending on the design and material) from 150 to 300 rubles, it is better not to save on its purchase.

○ Lawyer's advice: how to avoid a fine.

Now let’s figure out what needs to be done to avoid a fine for not having a first aid kit, sign or fire extinguisher.

First of all, you must ask the inspector to show his official identification. Then you should ask for what reason you should present the car for inspection (if the employee requires you to show him the presence of items). The fact is that with a valid inspection ticket, it is considered that you have a first aid kit, a fire extinguisher and a sign - without them you simply cannot pass the inspection.

a vehicle inspection protocol be drawn up in its entirety , and that it contains the signatures of two witnesses. In this case, such a protocol must be drawn up in accordance with Art. 27.9 of the Code of Administrative Offenses of the Russian Federation only if there are compelling reasons to believe that an administrative offense has been committed.

The mere absence of a first aid kit on the shelf near the rear window, where many drivers carry it, cannot be such a reason. In the same case, if the reason for conducting the search was not indicated in the protocol, the inspector becomes the offender himself, and his actions must be qualified under Art. 19.1 of the Code of Administrative Offenses of the Russian Federation, which talks about arbitrariness.

However, if you are sure that everything is in order with your fire extinguisher, first aid kit or sign, it will be easier to actually demonstrate them to the inspector. According to the traffic rules, you are not obliged to do this - but why not show the person a courtesy?

But if you are missing something from this (for example, the first aid kit is not complete or there is no sign) - emphasize that the funds were spent for a good reason : there is no bandage - you provided assistance to the victim (but the victim was not through your fault - and in general you were not involved in that accident, you were just passing by and stopped out of the kindness of your heart!); there is no fire extinguisher - extinguished someone’s fire forgotten in the roadside forest, preventing a forest fire; the sign is missing - I lent it to another driver to replace the one that was accidentally crushed. And now, in accordance with clause 2.3.1 of the traffic rules, you carefully proceed to the place of repair, since you cannot fix the “malfunction” now (and that’s true: where on the highway will you get a new fire extinguisher?). From a formal point of view, you would be right. This does not always save you from a fine, but quite often it allows you to reduce the punishment to a warning.

Also remember that the inspector has no right to take the car to the impound lot or remove the license plates: evacuation in this case is not used, and the removal of license plates has long been canceled. The inspector cannot do anything more than issue you a fine of 500 rubles.

Well, and most importantly: just have a fire extinguisher, a first aid kit and a sign with you. It’s better that they uselessly take up space in the trunk than that you find yourself without them at the moment when these things are needed not by the traffic police inspector, but by you yourself.

Lack of first aid kit, fire extinguisher and warning triangle. The story in the program “Road Educational Program” will tell about this.

Published by: Vadim Kalyuzhny , specialist of the TopYurist.RU portal

Fine for not having a first aid kit and fire extinguisher in a car in 2019

Every driver should know the options for developing a situation in which a traffic police inspector has the right to check the presence of a first aid kit and a fire extinguisher in a vehicle, and also issue a fine for their absence in 2019. The further development of the situation and the possible outcome of the dispute with a representative of the law will depend on legal awareness. With a favorable set of circumstances and well-structured defense, you can defend your rights and point out gaps in the traffic police inspector’s knowledge of traffic rules.

Can the traffic police inspector check the presence of a first aid kit and fire extinguisher?

The traffic police inspector has a wide range of rights in relation to drivers, especially if he notices a traffic violation. Regarding the traffic police officer’s demands to show him the presence of a first aid kit and a fire extinguisher to check, every motorist must remember that such requests will be illegal in 2019. In clause 2.1.1 of the traffic rules it is clearly established that, at the direction of the traffic police inspector, the driver must present only the MTPL insurance policy and documents for the car, namely: a vehicle registration certificate, a driver’s license. If there is a “disabled person” sign on the vehicle, document your belonging to this category of citizens.

A first aid kit and fire extinguisher are not included in the list of documents required by the inspector.

The presence of a first aid kit and a fire extinguisher is checked during the technical inspection of the vehicle. Based on the results of the procedure, a diagnostic card is issued, which indicates the serviceability of the vehicle and the possibility of its further operation. Therefore, a traffic police inspector’s request to present a first aid kit and a fire extinguisher in 2019 will simply be illegal. The only way to see the first aid kit in the vehicle is for the inspector to inspect the vehicle.

What is the fine for not having a first aid kit in 2019?

For the absence of a first aid kit in 2019, Article 12.5 of the Code of Administrative Offenses provides for a fine of 500 rubles. The specified amount is fixed and cannot be greater. When imposing an administrative penalty, the traffic police officer may also exercise the right to warn the driver rather than impose a fine. This measure is not popular among inspectors due to its free nature, and drivers simply do not know that there is a chance to take advantage of this opportunity.

Any first aid kit, even one as limited in its range as the one used in 2019 and consisting mainly of bandages and gauze, has an expiration date. This period can be found on the front of the first aid kit, it is printed with printing ink and averages 4 years from the date of manufacture.

An expired first aid kit is the equivalent of a missing first aid kit.

What is the fine for not having a fire extinguisher in 2019?

The mandatory presence of a fire extinguisher in a vehicle is established by the same article 12.5 of the Code of Administrative Offenses as the presence of a first aid kit. Therefore, the fine for not having a fire extinguisher in 2019 will also be 500 rubles. The possibility of imposing a warning instead of a fine also exists.

In order to determine the expiration date for a fire extinguisher, you should pay attention to its type. So, a powder fire extinguisher will last 10 years, but after 5 years it should be recharged. It will be much more profitable to keep a gas fire extinguisher in your car, since its duration is longer. However, it should be checked once a year and recharged every five years.

You should also not forget that if the inspector discovers the absence of a fire extinguisher or an empty cylinder, you can always refer to unforeseen circumstances on the road in which it was urgently necessary to use this fire extinguishing agent. Such situations could be a fire left on the side of the road or smoke under the hood of a passing car. But the employee will still be able to fine him, and everything that is said to justify the driver will only be calculated on the leniency of the inspector.

Do fines add up if a first aid kit and fire extinguisher are missing?

Since the fine for the absence of a first aid kit and a fire extinguisher in 2019 is established by one article 12.5 of the Code of Administrative Offenses, there can be no question of jointly imposing a fine for the absence of both items. So, even if a fire extinguisher and a first aid kit are missing, the fine will be the same 500 rubles as if one of the items is missing. An inspector's attempt to apply a double fine will be illegal.

What must be in a car?

It is mandatory, in accordance with clause 2.1.1 of the Traffic Regulations, that the following documents must be present in the vehicle when using it:

These documents are presented upon the first request of a traffic police officer. In addition to documents, in accordance with clause 7.7 of Chapter 7 of the Traffic Regulations, the following items established by law must be in the car:

• fire extinguisher;
• first aid kit;
• warning triangle;
• signal vest.

The procedure for imposing a fine for the absence of a first aid kit or fire extinguisher

To impose an administrative fine for the absence of a first aid kit or fire extinguisher, the fact of the offense must be properly recorded. These actions can only be carried out by a traffic police inspector by drawing up a protocol on administrative responsibility.

In a situation where there is no fire extinguisher and first aid kit, two scenarios should be considered:

1. Drive independently and voluntarily admitted to not having a first aid kit or fire extinguisher.
2. The driver refused to admit that there was no first aid kit and fire extinguisher in his car, and this fact was established through an inspection of the vehicle.

In the first case, the traffic police inspector, with the participation of two witnesses or while recording a video, draws up a protocol on the administrative offense and gives a copy of it to the driver. It should be remembered that in 2019 the protocol is not one hundred percent proof of guilt. It will only serve as the basis for drawing up a resolution on an administrative offense. But the resolution will be the basis for imposing a fine for the lack of a first aid kit and fire extinguisher.

The rules for drawing up the protocol are regulated by Art. 28.1 Code of Administrative Offenses of the Russian Federation. The protocol must necessarily contain the location of the offense, the date it was written, the position and name of the traffic police officer who compiled it, as well as information about the offender and the reasons for the detention.

In the second case, when the driver refuses to present a first aid kit and a fire extinguisher for inspection, the traffic police officer will only have to inspect the vehicle. At the same time, a traffic police officer does not have the right to carry out an inspection just for the sake of checking a first aid kit or fire extinguisher. To suppress such actions, the inspector should be reminded of Article 19.1 of the Code of Administrative Offenses “Arbitrariness”. To carry out an inspection, it is necessary to have strong arguments, for example, the presence of a reference to a similar car about the transportation of weapons, drugs, or about the presence of a similar car that was stolen. In such cases, the driver has the right to demand the presentation of an orientation.

If the search could not be avoided, then it should be remembered that it can only be carried out in the presence of two witnesses or with video recording (Article 27.9 of the Administrative Code). In this case, uninterested persons from among other drivers must be witnesses. Traffic police officers are prohibited from involving their partners or trainees as inspectors as witnesses. If this rule is violated, the legality of the protocol drawn up will be easy to challenge.

You can download a sample vehicle inspection protocol here.

What should a driver do if a fine is imposed for not having a first aid kit or fire extinguisher?

To ensure that you avoid a fine for not having a first aid kit or fire extinguisher in 2019, you should purchase the necessary things and forget about problems with inspection. However, if punishment is inevitable, one should remember the possibility of persuading the inspector for softer sanctions - a warning. You can take advantage of a similar case if you convince a traffic police officer that the missing parts of bandages or plasters were just used to help a boy cyclist who fell in front of your eyes and broke his knees. But if you find an expired first aid kit, you can tell the inspector that you are currently heading for the first aid kit.

Having passed the technical inspection will guarantee protection from additional checks for the lack of a first aid kit and fire extinguisher. It should also be remembered that a request for the provision of the above items is legal only during the period of technical inspection, and its conduct by a traffic police inspector on the road is illegal.

Is there a discount on fines for not having a first aid kit and fire extinguisher in 2019?

If payment is made within 20 days from the date of the decision to commit an offense, there will be a discount of 50% of the fine for the lack of a first aid kit and fire extinguisher. Thus, only 250 rubles will be presented for repayment. This measure of support for drivers is an additional incentive to pay fines. At the same time, repayment of a sanction for the lack of a fire extinguisher or first aid kit should be fully perceived as agreement with the offense committed.

Appealing a fine for lack of a first aid kit and fire extinguisher

An appeal against a fine for the absence of a first aid kit or fire extinguisher is possible only if violations are detected in the inspection procedure or in drawing up a protocol on an administrative violation. It is possible to appeal illegal actions of a traffic police officer within 10 days from the date of drawing up the protocol on the offense, as established by Art. 30.1. Code of Administrative Offenses of the Russian Federation. To appeal a protocol on an administrative offense, you must follow the following instructions:

1. Include your claims in the administrative violation protocol and be sure to make a note of disagreement with its preparation.
2. Receive a copy of the protocol on the administrative violation.
3. Write an application to appeal the employee’s actions to his superior management (the head of the territorial traffic police department on whose behalf the employee acts).
4. Deliver the specified application to the territorial traffic police office in any convenient way (in person, by e-mail, by registered letter with notification).
5. Request confirmation that the traffic police department has received an application to appeal the actions of the traffic police inspector in imposing a fine for the lack of a first aid kit or fire extinguisher. When sent by registered mail with notification, such confirmation will be considered the signature of the employee who received the letter.
6. Wait for the traffic police's decision on your application.

If the traffic police response is unsatisfactory, you can also go to court to protect your rights. The possibility of appealing to this authority is also enshrined in Art. 30.1. Code of Administrative Offenses of the Russian Federation. In this case, the first two points will be the same as when appealing to the traffic police. Next you should do the following:

You can download a sample application to appeal a fine for lack of a first aid kit and fire extinguisher here.

How to avoid a fine for not having a first aid kit?

In order to avoid a fine for not having a first aid kit, you should not immediately admit to the employee that you do not have one. If the inspector comes across as persistent enough, then it is worth showing character and reminding that the driver knows his rights:

1. Ask the inspector to present the ID and record its data in any convenient way. In such situations, video recording of the conversation with the inspector will be a good help.
2. Demand that the grounds for conducting an inspection of the vehicle be disclosed. When the inspector refers to the orientations, demand that the orientation materials be provided for study.
3. If the inspector continues to insist on inspecting the car, ensure the presence of two independent witnesses.
4. Additionally, remind the inspector of the responsibility under Article 19.1 of the Code of Administrative Offenses “Arbitrariness”.

Such instructions will help those who feel that the inspector is acting on principle when receiving resistance to a request to show a first aid kit or fire extinguisher.

When imposing an administrative fine for the absence of a first aid kit or fire extinguisher, you must remember that such an action is permissible only if several nuances are observed:

1. The legality of the action taken (compliance with all requirements of the Code of Administrative Offenses of the Russian Federation).
2. The timeliness of such impact (the need to implement punishment immediately after its detection is taken into account).
3. Addition of penalties that can be imposed for a combination of offenses (in this case, for the lack of a first aid kit and fire extinguisher, only one fine of 500 rubles is imposed).

Knowledge of legal norms and legislation of the Russian Federation when driving a vehicle will significantly save drivers’ nerves, time and money. Legally competent drivers cause great inconvenience to traffic police officers and discourage them from getting involved again without good reason. Legislation in the field of traffic rules should not be regarded only as limiting the freedom of action of motorists. It is also necessary to take into account its benefits when defending one’s rights before government authorities.

Remembering legal literacy, you should not forget about the safety of yourself and your loved ones who are in a driven car. The cost of a first aid kit and a fire extinguisher is so small compared to the problems that can be solved by having them in the car that the choice made in favor of purchasing these products will more than pay for itself during their operation.