Fine for disobeying a traffic police officer
What awaits the driver if he ran away from the traffic police in 2019
When driving a machine, various situations may arise. For example, when a driver begins to change lanes, he pays most of his attention to other cars and may simply not see the wave of the baton of a traffic police officer standing on the side of the road. And if the car continues to move, such an action will be interpreted as a traffic violation. Let's consider what will happen if you run away from the traffic police in 2019.
In what cases do traffic police officers have the right to stop vehicles?
It should be said right away that in order to check documents, traffic police officers are given the right to stop a vehicle only at a stationary traffic police post (clause 63 of Order of the Ministry of Internal Affairs of the Russian Federation No. 185 as amended on December 22, 2014). The document also contains other reasons that allow the inspector to demand that the driver stop driving. Let's briefly name them:
- signs of violation of road safety requirements were recorded:
- availability of data on the driver’s involvement in a previous accident;
- information has been received that the vehicle is wanted or is being used for illegal purposes;
- it is necessary to interview passengers and the driver as witnesses to the accident;
- if a road user needs to be involved to perform the functions of a witness;
- to carry out regulatory and administrative actions;
- when a traffic police officer needs a vehicle for official purposes;
In order for the driver to stop driving and not drive away from the traffic police, the officer demands to stop using:
- disk with a red reflector;
- gesture (when necessary, a wand is used);
- loudspeaker device.
This procedure is established by clause 64 of the above-mentioned Order of the Ministry of Internal Affairs.
What detention measures may be applied?
If the driver ignores the signal from the traffic police and does not stop, he may be pursued in a patrol car. Also, data about the violator is transferred to the next traffic police post for taking arrest measures. That is, if the driver ran away from the traffic police, sooner or later he will be stopped. But then you will have to answer not only for violating traffic rules, but also for disobeying the requirements of State Traffic Inspectorate employees.
During the pursuit, traffic police inspectors may use permissible measures of physical coercion, as well as special means of detention, up to and including firearms. Then the driver will face the risk of receiving moral, material and physical damage, for which he will not be able to compensate.
In the best case, the offender will receive a postal notification of the need to visit the traffic police department to investigate the fact of the crime. If you fail to appear, the case will be considered without the presence of the driver. Then you will definitely have to pay the maximum amount of the fine under the relevant article.
Refusal to stop at the request of an inspector based on objective reasons
The fact that the motorist, despite the request of the State Traffic Inspectorate inspector, continued to drive, will not always be interpreted as a violation of the law. There are also objective reasons. The most common of them are:
Even a possible fine does not encourage experienced drivers to stop in such cases. It’s better to be safe than to fall into the hands of criminals or contact scammers.
There are situations when the driver continues driving after the inspector demands to stop because he does not want to flagrantly violate traffic rules - for example, under a “No Stopping” sign. However, it should be noted that in this case the stop will not be considered an illegal action.
Penalties for failure to stop at the request of a traffic police officer
Domestic legislation provides for a fine for failure to stop at the request of a State Traffic Inspectorate inspector.
The violator is obliged to pay the required amount to the state treasury within 2 months.
Clause 1.3 of Article 32.2 of the Code of Administrative Offenses of the Russian Federation stipulates an important point: if the driver disappeared when asked to stop and was given a fine for this, then you can pay half of the required amount, provided that the debt is repaid within 20 days from the date of the decision on the administrative penalty . In case of delay, on the contrary, the amount to be paid into the state treasury doubles. If the judge comes to the conclusion that the motorist is deliberately hiding from paying a fine, he may be subject to a more serious punishment for failure to stop at the request of a traffic police officer - up to 50 hours of forced labor or arrest for up to 15 days.
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Amount of fine
In paragraph 2. Art. 12.25 of the Code of Administrative Offenses of the Russian Federation states that the amount of penalties for failure to stop at the request of a traffic police officer ranges from 500 to 800 rubles.
The amount of the fine is set by the traffic police inspector depending on the circumstances surrounding the traffic violation.
For example, the driver did not stop when the inspector waved his baton, but stopped moving after the patrol car caught up with him. In this case, the fine for disobeying a traffic police officer will be maximum – 800 rubles. Of course, the amount is small, but you should not ignore the demands of law enforcement officers. Usually, a law-abiding driver being stopped by an inspector does not cause any trouble.
Is it possible to appeal the decision of the traffic police inspector?
To appeal the decision of the traffic police inspector, you need to go to court or to a higher authority of the State Traffic Inspectorate. The second option is less troublesome and costly in terms of collecting supporting documents. However, due to the fact that the decision may be influenced by departmental interests, it will not be easy to prove the driver’s innocence (if he really did not intend to run away).
But in both cases, the following arguments can be presented to explain the non-stop:
- the inspector’s actions were not noticed due to the vehicles standing on the side of the road;
- in a dense stream of cars, it is unclear which of the road users should stop;
- the gesture to stop was inexpressive/incorrect;
- At night, the inspector did not wear a reflective uniform and did not have a glowing rod.
These facts can be confirmed using DVR recordings or witness testimony.
Conclusion
Stopping a car by an employee of the State Traffic Inspectorate is possible if there are grounds for it. Their list is contained in clause 84 of the Administrative Regulations of the Ministry of Internal Affairs dated August 23, 2017, Order No. 664. Failure to comply with the requirement to stop driving is permitted when this requires performing a maneuver in gross violation of traffic rules. If a State Traffic Inspectorate officer demands to stop driving, suspecting that the driver has stolen a car, failure to stop can lead to serious material and moral damage, which cannot be compensated.
In what cases does the traffic police have the right to stop: video
Candidate of Legal Sciences. Advocate. Legal practical experience – 7 years. Specializations: Automotive law, tax law, loans and lending, compensation for damage.
In order to avoid unnecessary problems and penalties, I stop in any situation at the request of a traffic police officer. If I’m in an urgent hurry somewhere, I quickly explain the situation, no problems with it.
As a rule, cars don’t just stop the traffic police, so there were reasons for that. Of course, it’s better to look more carefully when driving and stop when required.
Sometimes it’s easier to stop and present all the required documents, but often traffic police officers exceed their authority, although if you run away from such a situation, it will only get worse. And in the end you will be wrong.
I believe that if a driver has violated some traffic rules, he must be prepared to answer for it according to the law. Running away from traffic police officers is more than stupid - you will only make things worse for yourself.
I never understood people who do this. In any case, the cameras will record everything and you will be fined or you will be summoned to court. You definitely shouldn’t run away from traffic police officers.
If it’s not a stationary traffic police post at night, then I definitely won’t stop and don’t recommend it to anyone.
Life is more precious. And if you don’t stop at the request of an employee and during daylight hours, then, in principle, nothing will happen either, if no one chases you.
It happened to me a couple of times that I simply didn’t notice that he was waving. Or he starts stopping already when I’ve almost passed, in which case I also just calmly drive on. The inspector's actions should be clear to you.
I never stop at the request of traffic police, police or others! Only if they catch up and threaten to shoot, or block the road so that you can’t get through, and even then you can turn around and drive through the yards. You cannot immediately obey at the first request and do everything they say! We must at least try to resist the lawlessness. 400 rubles is worth it!
What happens if you don’t stop at the inspector’s request?
As the number of cars on the roads increases, the number of traffic offenses also increases. Traffic regulations are becoming stricter over time, and the number of stops and checks of drivers is only growing every year. And therefore, the question of what threatens those who do not stop at the request of a traffic police officer in 2019 worries quite a lot of people. So let's look at it in this article.
Note! The article contains traffic rules and articles of the Code of Administrative Offenses of the Russian Federation, valid at the time of its writing - 2019. In the future, they may lose their relevance, therefore, we recommend that before using certain points you check whether they have lost their validity.
Traffic rules and fines: what does 2019 have in store for us?
So, the situation: you did not stop at the request of the traffic cop, however, after a short pursuit you were still caught. In this case, there is a violation of clause 6.11 of the traffic rules, according to which the driver is obliged to stop at the place indicated by the inspector.
Responsibility for such an act is regulated by clause 2 of Art. 12.25 of the Code of Administrative Offenses of the Russian Federation, which states that a fine for not stopping at the request of an inspector can be imposed in the amount of 500-800 rubles. The right to choose the size of the fine (in the specified range) remains with the traffic cop.
Undesirable and dangerous consequences
Of course, if you simply missed the signal, because, for example, you were performing a difficult maneuver, or it was sent too late, this will not entail any serious consequences. It’s a different story if you ignored the signal on purpose and did not stop even when the corresponding signal was given again.
Failure to comply with the request to stop the vehicle automatically gives the inspector the right to initiate a pursuit. He (the traffic cop) can also convey information to another traffic police officer. And he, in turn, will forcefully stop the vehicle whose driver has shown insubordination. Confirmation of these words can be found in the administrative regulations of the traffic police (Article 72). And if we turn to the Federal Law “On Police”, we learn that the inspector has the right to stop a vehicle whose driver tried to escape using:
- Various special tools developed specifically for these purposes;
- Temporary restriction/ban of traffic on specific road sections;
- Patrol and/or trucks placed on the roadway in a barrier manner;
- Firearms.
Refusal to stop based on objective reasons
If you did not stop at the request of the traffic police, this does not always mean that the driver wanted to commit an offense. Let's consider 2 situations:
- The driver did not want to slow down, since the request to stop was made on a poorly lit section of the road or by a person who looked very vaguely like a traffic police inspector. In this case, it is better to play it safe and pay the fine honestly than to become a possible prey to scammers or criminals. Remember, any inspector is obliged to provide a badge and a certificate upon the driver’s first request.
- The driver was unable to stop at the indicated place, because this would have been a gross violation of traffic rules . In such a situation, the optimal solution is to stop where it is allowed and return to the traffic police post. If they do try to issue you a fine, immediately clarify what caused the insubordination, namely, the possibility of creating an emergency situation on the road.
Driver braking procedure
If we talk about the fine for not stopping at the request of the inspector, it makes sense to mention the stopping procedure itself. It is described in detail in the same paragraph 6.11. current traffic regulations, and is necessary for familiarization first. In order for the driver to stop, the inspector must use a loud-speaking device or gesture to highlight his car, and then indicate the place where it should stop .
To achieve greater signal clarity, it is permissible to use not only your hand, but also a striped rod or a disk with a red reflector to indicate. In addition, in order to attract the attention of the driver and other road users, a whistle or special signals (light/sound) can be used.
In conclusion, we would like to remind you that the number of cars on the roads is many times greater than the number of traffic police officers, which means that the likelihood that you will be stopped for inspection is equal to hundredths of a percent (provided that, of course, you have not violated anything and are not suitable not according to any orientation). However, if you do see the characteristic wave of the baton, do not make a big deal out of a mountain, but simply proceed to the side of the road - such encounters will not bring any trouble to respectable drivers.
Fine for disobeying a traffic police officer
Hello, in this article we will try to answer the question “Fine for disobeying a traffic police officer.” You can also consult with lawyers online for free directly on the website.
The right to stop vehicles is given to traffic controllers. At transport control points specially designated by road sign 7.14, the right to stop trucks and buses is also granted to employees of the Federal Service for Supervision of Transport.
Failure to comply with the legal “demand” of a police officer or an official of a federal executive body exercising control and supervision functions in the field of transport to stop a vehicle.
First, let's remember the current Rules of the Road. Let us turn to paragraph 6.11 of the Russian Federation Traffic Regulations:
- 6.11. A request to stop a vehicle is made using a loudspeaker device or a hand gesture directed at the vehicle. The driver must stop at the place indicated to him.
Common situation on the road
The last point is the most mysterious.
Apparently, it was invented in case the driver tries to do something to the inspector, possibly inflicting some kind of injury on him, for example, with a door or some other vehicle unit. After the policeman’s request, the citizen, of course, will certainly stop misbehaving! If the inspector continues to illegally demand that you get out of your car, record this act on your recorder, phone, and send a complaint to the competent authorities!
Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
If the signal was missed deliberately, a pursuit may begin.
In this case, the data will be transmitted to all traffic police posts. Even if the first inspector did not start the pursuit, then at the second post, in case of failure to stop, measures will be taken to force the vehicle to slow down. Do not let yourself be deceived, since punishment for failure to comply with the comments and demands of a guardian of the law can only occur if his actions fully comply with the letter of the law.
The consequences of such events can be fatal for both the vehicle and the driver and passengers.
Thus, according to paragraph 85 of Administrative Regulation No. 664 of the Ministry of Internal Affairs of the Russian Federation, a request to stop a car is made by a police officer (traffic police inspector) using a loudspeaker device or a hand gesture. If necessary, a traffic police officer can use a rod or a special red disc with a reflector to stop vehicles.
The concept of “violence” against a police officer is considered to be such an impact that caused light, moderate or severe damage to his health, as well as violence that, although it did not affect the health of the police officer, created a real danger of such influence at the time of use. For example, a traffic violator resists law enforcement officers and attacks them with his fists.
Punishment for disobedience to a police officer is fraught with fines in the amount of 500 to 1000 rubles, or arrest (but not more than 15 days).
What is the fine for not stopping at the request of a traffic police inspector?
In addition, “when signaling to stop, the location where the vehicle will stop must be indicated.”
It will be very useful for car owners who use their vehicles every day to master this art, since no one is immune from unpleasant surprises on the road. This article is something like an action algorithm for a driver who is stopped on the road by a traffic police inspector. Failure to comply with the requirement to provide a vehicle to police officers or other persons who, in cases provided for by law, are granted the right to use vehicles. 2.
Confirmation of these words can be found in the administrative regulations of the traffic police (Article 72). And if we turn to the Federal Law “On Police”, we learn that the inspector has the right to stop a vehicle whose driver tried to escape using:
- Various special tools developed specifically for these purposes;
- Temporary restriction/ban of traffic on specific road sections;
- Patrol and/or trucks placed on the roadway in a barrier manner;
- Firearms.
Thus, if disobedience is passive in nature, expressed in failure to comply with the demands of a traffic police officer (for example, in case of violation of clause 2.1.1 of the Russian Federation Traffic Regulations, the requirement of a law enforcement officer to provide a document for the right to drive a car is not fulfilled), then resistance is already targeted active actions that may manifest itself in the use of physical force against an employee.
In any case, ignoring the traffic police inspector’s request to stop the car becomes more expensive for the driver, since it is unlikely that he will be able to escape punishment for violating traffic rules.
Accordingly, the driver not only has certain rights, but is also obliged to obey specific requirements, including the requirement of the traffic police inspector to stop the vehicle. According to the Administrative Code, for failure to comply with this legal requirement, the driver faces administrative liability.
If the driver ignores the invitation this time, then failure to appear will be interpreted not in his favor, the case will be considered without him, and an unequivocal decision will be made to pay the maximum established fine under the relevant article of the offense. This resolution will be sent to the violator by mail at his place of registration.
When you get behind the wheel of a vehicle, you automatically become a person involved in road traffic, who is subject to special rules.
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Yesterday I was driving in the right lane on the roundabout, turning right. The guy, standing on the inside of the ring, indicated to me to stop near him. I drove past. There was no chase. I looked at the rules - I face a fine of 200 to 500 rubles. So the question is: how will I be fined? Will the fine come by mail? Or will they “forgive”? Has anyone had similar situations?
The place has very limited visibility (at a sharp turn, before a steep climb, at an intersection, etc.).
The practice of charging a fine for not stopping at the request of a traffic police inspector
In itself, the amount of the fine for ignoring a traffic police officer’s request to stop is small.
However, it must be taken into account that such disobedience can provoke a chase with all the consequences emanating from this situation. Failure to comply with the requirement to provide a vehicle or to stop a vehicle.
Federal Law of June 22, 2007 N 116-FZ) (see text in the previous edition) 3. Lost force. — Federal Law of July 3, 2016 N 305-FZ.
The pursuit of the violator's vehicle is carried out in compliance with the following conditions: 73. The pursuit is carried out in a patrol car with special light and sound signals turned on.
And in this case, there is a risk of receiving material, physical and moral damage, compensation for which cannot be achieved.
Let's figure it out. Detailed answers to these and other questions that motorists often ask can be found in our analysis of current legislation.
If you are stopped by a traffic police officer, but the driver does not react to his comments, then it is likely that he will be held accountable (at best, administratively) for failure to comply with the lawful demands of the police officer. How can you determine whether a police officer is acting according to the law or exceeding his authority? Let's figure it out together.
Therefore, if earlier you could theoretically ignore the inspector’s demands to stop the car in a place where this was directly prohibited by the regulations of the Ministry of Internal Affairs (again, debatable, since you cannot know in advance what the reason for stopping the car is), today such disobedience is fraught with administrative liability .
It is worth noting that a traffic controller is not only an employee authorized to regulate traffic on a certain section of the road, but also any traffic police officer standing at his post.
In this case, you can get out of the car, and then in court demand explanations and evidence from the policeman of what “interception” he meant.
The driver did not want to slow down, since the request to stop was made on a poorly lit section of the road or by a person who looked very vaguely like a traffic police inspector. In this case, it is better to play it safe and pay the fine honestly than to become a possible prey to scammers or criminals.
The main question here is the interpretation of the term “legal requirements”. They demand God knows what from you, after which, in case of disobedience, they detain you and add resistance to arrest to disobedience.
In order to attract the driver’s attention, the policeman has the right to use a whistle, special light and even sound signals.
Previously, we would like to remind you that traffic police officers did not have the right to stop vehicles outside of stationary checkpoints for a simple document check.
Often, traffic police officers require a driver stopped on the highway to get out of the car. Inspectors simply begin to intimidate uncooperative drivers with Part 1 of Article 19.3 of the Administrative Code, which punishes “Disobedience to a lawful order of a police officer” with 15 days of administrative arrest.
Perhaps the car owner, if the traffic police representatives are loyal and have all the documents and the car is in good condition, will not be in any danger.
Can a police officer stop a car without a baton - with his hand?
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Next, the traffic police officer must indicate to the driver a place to stop the car. If this procedural requirement is violated, the motorist has every right to disobey the police officer and continue driving.
Stopping at the request of a traffic police officer and disobeying him
The number of traffic violations increases in proportion to the increase in the number of cars. Traffic rules are constantly becoming stricter, so traffic police officers are increasingly stopping and checking drivers.
Sometimes a driver disobeys a traffic police officer and does not stop at his request. We will tell you in this article what the consequences of such disobedience are. All information is presented as of 2016.
Fine if the driver does not stop when requested
Remember that if you use any data from this material in the future, always take into account its relevance.
For example, if a person disobeys a traffic police officer and does not stop at his request, but is later caught, he will be charged because he committed a violation in accordance with the current Traffic Rules. So, they say that the driver is obliged to stop at the request of a traffic police officer at the place he points to.
The driver is responsible for this act in accordance with the law. It involves payment of a fine in the amount of 500 to 100 rubles. In this case, the right to choose the amount of the fine remains with the traffic police officer.
There are different reasons why drivers do not stop at the request of road service employees:
- alcohol intoxication;
- desire to escape from the scene of an accident;
- desire to go for a quick ride.
It is highly recommended that all drivers read those regulations that contain information about this type of violation and what they may face in case of disobedience. As you remember, ignorance of the legal framework does not relieve the driver of responsibility.
According to the Code of the Russian Federation, if a driver does not stop at the request of a traffic police officer, then, in addition to a fine, he may face administrative liability, implying arrest for a period of 15 days. A person may also face criminal liability if, after stopping the car, he resorts to insulting a traffic police officer during execution. There are two types of punishment:
- imposition of a fine of up to 40,000 rubles;
- performing mandatory work lasting 360 hours (15 days).
Possible dangerous consequences of the driver's refusal to stop
Of course, if the driver did not notice that a traffic police officer was trying to stop him, for example, when making a difficult maneuver or when the signal was given very late, then there will be no consequences for him.
But here is a completely different case when the driver deliberately did not stop upon request , even when the traffic police officer gave the signal a second time.
If the driver does not comply with the requirement to stop his car, then the traffic police officer automatically receives the right to begin pursuing the offender. The employee also has the right to transfer information to another traffic police officer, who, in turn, receives the right to forcibly stop the offender’s car. All this is regulated by the corresponding article in the administrative document of the traffic police.
also study the federal law dedicated to the police, it states that a traffic police officer has the right to stop a car whose driver wanted to leave, using the following:
- special means designed to avoid meeting with traffic police officers;
- temporary ban on traffic on certain road sections;
- cargo or patrol vehicles that stand on the roadway for the purpose of blocking;
- use of firearms.
Objective reasons not to stop at the request of a traffic police officer
Not in all cases, the driver who did not stop at the request of the traffic police wanted to commit an intentional offense.
Most often this happens in two cases:
- if the driver did not stop because the corresponding demand overtook him on a poorly lit road section, or when the person calling him to stop did not seem to him like a traffic police officer. In such cases, it is better to pay a fine than to become a victim of scammers. Remember that the traffic police officer, at the driver’s request, must show him his badge and identification as a road service officer;
- if he did not stop at the indicated place, since such a stop would be a gross violation of traffic rules. The best solution is to require the car to be stopped in the designated place. If the traffic police officer still continues to issue a fine, then the reason for the disobedience should be clarified.
How is a traffic police officer required to stop drivers?
When it comes to the procedure for disobedience after a request to stop a car, you need to additionally know how the stopping procedure should be carried out by the traffic police officer himself. This procedure is described in detail in the document regulating the rules of the road, which the driver must study first.
In order for the driver to stop the car, the traffic police officer must highlight it with a special gesture or through a loud-speaking device. Then he is obliged to indicate the stopping place upon request. To achieve maximum signal clarity, you can use not only your hand, but also a special rod or a red reflector to indicate. In addition, to attract the attention of the driver and other road users, a traffic officer may use a whistle or other signals.
Is it possible to appeal the decision of the traffic police officer?
The driver has every right to appeal a fine or other punishment to a higher-ranking traffic police authority or in court. In the first case, the appeal procedure is not so troublesome and costly in terms of collecting the required documents, but it is more complex in terms of proving innocence. The fact is that the interests of the department can one way or another influence this or that decision.
If the driver wants to challenge the existing ruling regarding himself, he must justify his position with certain articles or regulatory documents.
Thus, the basis for justification may be the corresponding clause of the Administrative Regulations, which was adopted by the Ministry of Internal Affairs in accordance with the order of the Minister of Internal Affairs. The provisions of this document state that regulatory signals must be presented clearly and as understandably as possible for vehicle drivers.
In this case, they can explain their refusal to stop at the request of a traffic police officer with the following theses:
- if a road service employee went to the side of the road to give a sign late and the driver did not see his action because of the cars standing nearby;
- the flow of cars was so dense that the driver did not understand whether the demand to stop was addressed to him or to someone else;
- the inspector made his gesture to stop incorrectly in violation of the traffic rules;
- if the traffic police officer did not have a reflective uniform or a glowing rod at night and his actions were not noticed.
But you need to know that all this, despite the presence of a presumption of innocence, the driver who challenges the decision will prove everything on his own through the testimony of witnesses or recordings on the registrar.
Everyone knows that the number of cars on the roads is much higher than the number of traffic police officers. Accordingly, the likelihood that your car will be stopped for inspection is not too high, especially if you did not violate any rules.
And if you see that they want to stop you, then don’t worry. Better stop and listen to what they want from you. If you didn’t do anything, then such a meeting will not turn out to be anything bad for you.
Did not stop at the request of a traffic police officer, consequences and fines.
There is probably no motorist who has not been stopped at least once by a traffic police inspector. This happens for various reasons, from outright violation of the rules to possible measures to search for offenders.
But not all drivers are ready to stop on demand, considering this an unnecessary or even unlawful requirement.
Let's figure out when and how a traffic police inspector can stop a car and what awaits those who do not want to comply with such requirements.
○ When and how traffic police inspectors can stop a vehicle.
The first question that interests the driver is at whose request and on what basis should they stop. Clause 2.4 of the Traffic Regulations answers this question:
- "2.4. The right to stop vehicles is granted to traffic controllers, and trucks and buses engaged in international road transport at checkpoints specially designated by road sign 7.14 are also granted to employees of the Federal Service for Supervision of Transport.”
A traffic controller means not only an employee regulating traffic on a particular section of the road, but also any traffic police inspector standing at his post. PPS employees also fall into this category. This conclusion can be drawn from the definition of “traffic controller” given in clause 1.2 of the traffic rules.
The inspector who has decided to stop the vehicle must give a signal that is clear to the driver with a gesture or using a loudspeaker and indicate the stopping location. If the car does not stop, it may be pursued using special means. If this turns out to be insufficient, the information will be transmitted to traffic police posts, and they will already restrict traffic by setting up a cordon and blocking the road with other cars. In extreme cases, shooting from a firearm is possible.
So why can they stop the car? The most common reason is violation of the rules . In addition, sometimes the inspector needs urgent help, for example, as a witness, or the city has announced measures to apprehend a criminal, targeting a car similar to yours.
According to the new rules, stopping for a routine document check is possible only at stationary checkpoints , but such checks are often carried out on the roads, citing the availability of landmarks.
○ Penalties and fines: did not stop when requested.
Responsibility for failure to stop at the request of an inspector is provided for in Part 2. Art. 12.25 Code of Administrative Offenses:
- “Failure to comply with the legal request of a police officer or an official of a federal executive body exercising control and supervision functions in the field of transport to stop a vehicle shall entail the imposition of an administrative fine in the amount of five hundred to eight hundred rubles.”
A fine of 500-800 rubles . not too great, if you do not take into account the possible consequences of the chase. If the inspector does not pursue the violator, then the chance of getting it is minimal, unless you receive a letter based on the results of the video recording.
But if the inspector gives chase, the situation can develop much worse. Up to the application of Part 1 of Article 19.3 of the Code of Administrative Offenses for disobedience to employees during execution. Then in court you will have to prove that Article 12.5 of the Code of Administrative Offenses is specific to it and should be applied in this case, but the inspectors will tell you how you did not want to get out of the car and resisted.
○ Consequences and measures for arrest.
If you fail to stop when requested to do so by an authorized law enforcement officer, your outcome may vary. In the first option, the employee will simply ignore your behavior. This is usually what is done in relation to motorized vehicles, which has given rise to the erroneous belief among drivers that they cannot be pursued. In fact, inspectors are simply afraid that during the pursuit a dangerous accident may occur with serious injuries for the motorcycle driver, and therefore they pursue only blatant violations. But this option does not always work.
Much more often, information is transferred to other posts and now they also give a signal to stop. Most likely, the second one will already give chase.
If a serious violation occurs, for example, the inspector has doubts about the driver’s sobriety, there are indications of a stolen car or the detention of suspects in other crimes, then the first failure to stop will be enough for a chase. Of course, first the inspector will loudly warn about the obligation to stop, and then it may even come to the use of firearms in the prescribed manner.
They will try to shoot at the wheels; inspectors have no desire to be held responsible for harm to the health of drivers, but they may cause other damage to the car. In addition, let’s say that there are many cases of force being used against drivers detained after a chase; this is often illegal, but it does not improve one’s health. Therefore, you should not ignore the inspector’s legal requirement to stop. The check will take a few minutes, and you can move on calmly.
○ Lawyer's advice: how to avoid a fine.
It is advisable to be a law-abiding citizen, but even if you made a mistake and did not stop at the request of the inspector and received a decision, you can challenge it. To do this, you can refer to the Administrative Regulations of the Ministry of Internal Affairs, which instructs employees to give drivers clear and understandable signals.
- “A request to stop a vehicle is made using a loudspeaker device or a hand gesture directed at the vehicle.”
That is, it is already clear from this that, at a minimum, the inspector’s hand with a rod or disk should be directed specifically at your vehicle, and in a moving stream it can be difficult to determine that it is you who is being stopped. In this case, feel free to say that you did not understand that it was you who were being slowed down.
The inspector's appearance also plays a role. Especially at night. If the rod did not glow, and there were no reflectors on the clothes, you can safely say that you did not see it in the dark.
We often see a picture: an inspector has stopped several cars at once and is running between them. He may simply not have time to reach you. Say that you just didn’t see him because you had already passed by.
It is better to support all the described reasons with a record from the registrar, otherwise in court you can hear that there is no reason not to trust the inspector.
Stop at the request of the inspector. Lately, discipline has been suffering among both drivers and pedestrians. They are increasingly less likely to follow the legal demands of a police officer - to stop and present documents. Watch the following episode of the program “Morning with the Governorate.”
Published by: Vadim Kalyuzhny , specialist of the TopYurist.RU portal