How long does a traffic police inspector have the right to detain?

How long can traffic police delay?

Gamil said: 03.28.2008 14:37

Article 28.5. Time limits for drawing up a protocol on an administrative offense

1. A protocol on an administrative offense is drawn up immediately after the discovery of an administrative offense.
.

The timing of detection is not specified in the Administrative Code.
In addition, there is no clarification of what “immediately” means.
There is one more “trick” in the Code of Administrative Offenses:

Article 27.2. Delivery

1. Delivery, that is, forced transfer of an individual for the purpose of drawing up a protocol on an administrative offense if it is impossible to draw it up at the place where the administrative offense was detected, if drawing up a protocol is mandatory, is carried out by:
1) officials of the internal affairs bodies (police) when administrative offenses are identified, cases about which, in accordance with Article 23.3 of this Code, are considered by internal affairs bodies (police), or administrative offenses, in cases about which, in accordance with paragraph 1 of part 2 of Article 28.3 of this Code, internal affairs bodies (police) draw up protocols on administrative offenses, and also, when identifying any administrative offenses in the event of an appeal to them by officials authorized to draw up protocols on relevant administrative offenses - to the office premises of the internal affairs body (police) or to the premises of the local government body of a rural settlement;
.
2. Delivery must be made as soon as possible .
3. A protocol on delivery is drawn up or a corresponding entry is made in the protocol on an administrative offense or in the protocol on administrative detention. A copy of the delivery protocol is given to the delivered person at his request.

There is an internal document for traffic cops (http://zakon.kuban.ru/zakon/297pr-99p.shtml):
MANUAL
ON THE WORK OF THE ROAD PATROL SERVICE OF THE STATE ROAD SAFETY INSPECTION OF THE MINISTRY OF INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION

13.8. Vehicles should be stopped for as short a period as possible. Public transport (buses, trolleybuses, trams) on routes should be delayed no more than 1-2 minutes.

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Driver detention

When we are stopped by a traffic police officer on the highway, we can often encounter a delay in checking compliance with traffic rules. This can happen for various reasons. Either he really suspects you of something, then you need to find out the validity of his intentions, or this is being done on purpose. The second option occurs more often, and may be caused by the traffic cop’s personal hostility towards the driver. Inspectors are often asked to complete the inspection as quickly as possible, explaining their haste due to an urgent meeting or plane departure. Such requests may be perceived negatively and the answer may be the phrase: “I have the right to detain you for three hours.” In this episode we find out whether employees interpret the law correctly when they detain a driver?

Draw your attention to

It is necessary to distinguish between “Detention” and “Stop” by the traffic police inspector on the highway. As for “Detention,” we will talk about this later in the article, but regarding “Stop,” I would like to note in advance that we have a special article on this topic.

And the most important question for all car enthusiasts.

How long can a traffic police inspector detain a car?

This applies to an ordinary stop and document check (when you are simply stopped on the road).

“The procedure for detaining vehicles is defined in Article 27.13 of the Code of the Russian Federation on Administrative Offenses. In addition, the detention of vehicles can be carried out in the manner prescribed by Article 11 of the Law of the Russian Federation “On the Police”. In accordance with the Administrative Regulations (approved by Order of the Ministry of Internal Affairs of Russia dated March 2, 2009 No. 185), the timing for the execution of administrative procedures (actions) by traffic police officers, including the detention of vehicles, should be the minimum necessary for their implementation based on the specific situation. Actions of employees that entail an unreasonable increase in the time of execution of administrative procedures (actions) in relation to road users are appealed pre-trial (to the heads of the relevant combat units of the State Traffic Inspectorate, to the higher management bodies of the State Traffic Inspectorate) and in court.”

The Code of Administrative Offenses (CAO) contains all the necessary information to understand this issue. Chapter 27 is entirely devoted to the issue of detention of citizens and it states that:

“Detention is one of the measures to ensure proceedings in cases of administrative offenses”

Enforcement measures are applied to suppress the offense. Accordingly, they can only be used if there is an administrative violation. These include:

detention;
delivery;
Personal inspection;
inspection of things;
vehicle inspection;
suspension from driving;
examination for intoxication;
detention of a vehicle;
prohibition of operating a vehicle.

According to the Administrative Code, administrative detention is a restriction of the freedom of an individual for a short period. It is used in exceptional cases when correct and timely decision-making is necessary during the consideration of an administrative violation or the execution of a decision in a case.

"P. 192. The basis for administrative detention, that is, short-term restriction of the freedom of an individual, is the need to ensure the correct and timely consideration of a case of an administrative offense, the execution of a decision in a case of an administrative offense to impose an administrative penalty in the form of administrative arrest.” Order No. 185 of 03/02/2009

To carry out the arrest, it is necessary to deliver the driver to a special room at the Ministry of Internal Affairs of the Russian Federation:

"P. 193. To carry out administrative detention, a person is taken to the duty station of a department or internal affairs body, to a stationary traffic police post, which has a specially designated room for holding administratively detained persons.” Order No. 185 of 03/02/2009

This paragraph of the order tells us that at the stop site, the traffic police inspector cannot detain the driver. And his actions have an incorrect interpretation and are not based on the law.

Rights of the detainee

A detained driver has the right to notify relatives, management at work or school, and a legal defender. Traffic police officers must immediately implement his request.

"P. 194. At the request of a detained person, relatives, the administration at the place of work (study), as well as a defense lawyer are notified of his whereabouts as soon as possible.
p. 195. His parents or other legal representatives must be notified of the administrative detention of a minor.” Order No. 185 of 03/02/2009

The traffic police officers must explain to the detained driver his rights and obligations, and a corresponding note is made about this in the protocol on administrative detention. It also states:

date and place of compilation;
position, surname and initials of the person who compiled the protocol;
information about the detained driver;
time, place and motives for detention.

The protocol is signed by the person who compiled it and the driver. If the driver does not agree with the actions of the employees and does not intend to sign the protocol, an appropriate note is made in it. And one more important point - a copy of the delivery protocol is provided to the driver only at his request.

"P. 197. The detained person is explained his rights and obligations under the Code, about which a corresponding entry is made in the protocol on administrative detention.
p. 198. On administrative detention, in accordance with the provisions of Article 27.4 of the Code, a protocol is drawn up, which indicates the date and place of its preparation, position, special rank, surname and initials of the employee who compiled the protocol, information about the detained person, time, place and reasons for the detention " Order No. 185 of 03/02/2009

According to the administrative code of the Russian Federation, detention is carried out for a period of no more than three hours. If, upon arrest, it turns out that the driver is being investigated for an administrative offense, the penalty for which may be arrest, for example, when a case is initiated for failure to pay a fine for violating traffic rules (Article 20.25 of the Code of Administrative Offenses of the Russian Federation), then in this case the driver will be detained may be extended up to two days. It should be noted that the period of administrative punishment begins to be calculated from the moment the detained person is delivered.

"P. 201. The period of administrative detention should not exceed three hours, with the exception of the case of proceedings on an administrative offense that entails administrative arrest as one of the administrative penalties, when the person against whom the proceedings are being conducted may be subject to administrative detention for no more than 48 hours." Order No. 185 of the Ministry of Internal Affairs of the Russian Federation dated March 2, 2009

For the detention of detained persons, there are specially designated premises in the department of the Ministry of Internal Affairs or special institutions that are created by the executive authorities of the constituent entities of the Russian Federation in the prescribed manner. The government determines the general conditions of detention of detainees, food standards, as well as the procedure for their medical care. All premises or institutions used to hold detained persons must comply with sanitary standards. The possibility of unauthorized abandonment of these temporary detention facilities must be excluded.

From all of the above, we can conclude that only such short-term restriction of freedom will be considered as detention, in which the driver was taken to a specially designated room, as people say - “monkey barn”, for his further detention.

"P. 201. The period of administrative detention of a person is calculated from the moment of delivery, and of a person in a state of intoxication, from the time of his sobering up...” Order No. 185 of the Ministry of Internal Affairs of the Russian Federation dated March 2, 2009

What to do if the inspection is delayed?

The next day after the incident, it is necessary to draw up a complaint, which should be addressed to the higher management of the traffic police. It must reflect the following data:

stop date and time;
stopping place;
Full name of the inspector, badge number;
the reason for the stop, if it was announced, and if not, then write “without explaining the reason for the stop”;
wording of the complaint: the inspection was delayed by the inspector, the purpose of these actions was not explained. He said that he had the right to detain him for 3 hours. I did not agree, I referred to Chapter 27 of the Code of Administrative Offenses of the Russian Federation and paragraphs 192 - 201 of Order No. 185 of the Ministry of Internal Affairs of the Russian Federation dated March 2, 2009, that the driver’s detention begins from the moment he is delivered to a special room and in the presence of an administrative offense. The mentioned traffic police inspector was not familiar with these standards and did not act in accordance with the law. I ask you to check this fact;
witness statements, if any;
evidence of these actions (dictaphone recording, video recording).

“Damage caused by the illegal use of measures to ensure proceedings in a case of an administrative offense is subject to compensation in the manner prescribed by civil law”

It is best to deliver the complaint yourself, since you should be given a copy on the spot, signed and dated.

You should not think that the truth can always be on the side of power structures. Know your rights and enforce them. Good luck to you. In the next issue we will touch on the issue of searching for witnesses.

Stop by traffic police officers - the most important points: reasons, time of stop and possible violations committed by them

What could be the reasons for stopping vehicles by traffic police officers?

Paragraph 63 of the order under consideration clearly regulates the list of reasons for stopping vehicles by traffic police officers, which is exhaustive. The biggest problem is that traffic police officers must be well aware of the list itself, but not everyone can specify one reason or another. It is one thing to name a memorized formal reason, but to explain it is quite another.

When stopped, the traffic police officer must introduce himself and immediately inform you of the reason for the stop. You even have the right to demand that he show you his badge and service ID. Well, you probably already know this...

Let us examine in detail in what cases traffic police officers can stop you.

So, the reasons for stopping by traffic police officers include:

1. Signs of violations of road safety requirements identified visually or recorded using technical means. If you have violated traffic rules, you have often created a dangerous situation; seeing this, the traffic police officer MUST stop you. This is his direct job responsibility. If an employee recorded a violation, but did not stop the violator, then this will be a violation on his part.

I am categorically against those situations where a person knows that he has violated, but does his best to prove the opposite. Traffic rules are written to be followed.

2. Availability of data (orientations, information from the duty officer, other squads, road users, visually recorded circumstances) indicating the involvement of the driver and passengers in the commission of a traffic accident, crime or administrative offense. Everything is clear with the directions. All such information is recorded. And about each call to the traffic police duty department of persons who report such information, a note is made and the data is transferred to the post or the appropriate crew. For example, if a driver behaves inappropriately on the highway, you can call the traffic police and report it. Employees (crew or at the post) of the traffic police are obliged to stop the driver and check the information.

3. Availability of data (orientations, information from operational reference and search records, information from the duty officer, other squads, road users) about the use of the vehicle for illegal purposes or grounds to believe that it is wanted. As a rule, if information of this nature is received, then all cars that fit the description are stopped. And I would not recommend contradicting common sense in such a situation and trying to find grounds for complaints. Just put yourself in the shoes of the person whose car was stolen. And the traffic police officers (no matter how they want it) are taking measures to search for the car.

4. The need to interview the driver or passengers about the circumstances of the commission of a traffic accident, administrative offense, crime of which they were or are eyewitnesses. Everything is clear here too. You provide the necessary information, it is recorded, and you are free.

5. The need to involve a road user as a witness. The situation is similar to that in the previous paragraph, with the only difference being that all data will be entered into the protocol. From a civic standpoint, I would recommend at least a superficial familiarization with the situation. For example, if the driver is drunk, and you are asked to sign the relevant documents as a witness in order to confirm the information, then it is advisable to still see if the situation really turns out that way. You never know...

6. Carrying out administrative and regulatory actions. Everything is clear here. For example, a traffic light does not work or your car, after a not entirely successful maneuver, makes it difficult for other cars to move with its position. In this case, the traffic police officer has the right to stop you or give instructions to perform certain maneuvers.

7. The need to use a vehicle (paragraph 5 of paragraph 4 of this order in question). It is used very rarely; everything is written in detail in the relevant part of the order.

8. The need to involve the driver to assist other road users or police officers. This reason can occur in the event of serious accidents, terrorist attacks and other emergencies. Mutual assistance on the road has not been canceled...

9. Carrying out, on the basis of administrative acts of the heads of internal affairs bodies, management bodies of the State Traffic Inspectorate, special events related to the inspection in accordance with the goals of the relevant special events of vehicles, persons traveling in them and transported goods. But here it gets more interesting. These are the same events popularly called “raids”. You've probably encountered the fact that on weekend evenings, traffic police officers stand on the city streets and stop almost all the cars that pass by them in order to catch drunk drivers. Similar events are regularly carried out on tinting or “xenon”. In this case, it is useless to demand any supporting documents from the traffic police officer; he is not obliged to show them to you. Your duty in this case is to comply with his legal requirements.

10. Checking documents for the right to use and drive a vehicle, documents for the vehicle and the cargo being transported, as well as documents identifying the driver and passengers (only at stationary traffic police posts).

This item is specially highlighted in bold because... News began to appear on the Internet that this item no longer works and you can check it everywhere. It's still working. As soon as it stops working, I will let you know.

How long can a traffic police inspector draw up a report or simply detain a driver without explanation?

Paragraph 34 of this order states that all actions of a traffic police officer are carried out within the minimum time required for this. But there is an interesting addition - “based on the specific situation.” Whether in this case the colossally prolonged time it takes to fill out a protocol on an administrative offense is recognized because the traffic police officer does not want to quickly write it and let you go is a big question. Meanwhile, no one can stop you from filming the process of filling out the protocol. In addition, the same paragraph of the order stipulates that specific administrative actions within the framework of the execution of administrative procedures must be carried out immediately after the occurrence of a legal fact, which is the basis for the initiation of the corresponding legal action. It turns out that if an employee simply sits in the car with an empty protocol, and does not fill it out, then the fact of a violation is obvious. If he stopped 15 cars in a row and, roughly speaking, “issues fines” to everyone in turn, then it will hardly be possible to prove the fact of his inaction.

In addition, unjustified actions, as well as inactions, can be appealed (which is clearly stated in the same paragraph of the order).

Where can you complain about the actions of traffic police officers?

In pre-trial order, you can appeal against the actions (inactions) of traffic police officers to the heads of the relevant departments of the State Traffic Inspectorate, to higher divisions of the State Traffic Inspectorate, to the governing bodies of the State Traffic Inspectorate, to the territorial bodies of the Ministry of Internal Affairs of Russia at the regional level, to the federal governing body of the State Traffic Inspectorate, to the Ministry of Internal Affairs of Russia. Also, illegal actions of traffic police officers can be appealed to the prosecutor’s office and court.

Opel Club First Russian

Detention time for verification.

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Ramil 17 Feb 2010

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Antony_87 21 Feb 2010

they can simply stop and check the documents and immediately release them;
if any violations are found, they can draw up a protocol on the violation (or a receipt) and must be released after drawing up the protocol (if this is not a detention);
if they want to detain, an additional protocol on administrative detention is drawn up - and detention for no more than 3 hours

it all
seems like this in the Code of Administrative Violations - but let me be corrected

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Contras 21 Feb 2010

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Naive 22 Feb 2010

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Rules 24 Feb 2010

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Glavspets 01 Mar 2010

13.7.
The grounds for stopping vehicles are: a) violation of traffic rules by drivers or passengers;
b) the presence of data indicating the involvement of the driver and passengers in the commission of an accident, administrative offense, crime;
c) the vehicle is wanted, as well as the presence of data on the use of the vehicle for illegal purposes;
d) the need to interview the driver or passengers about the circumstances of the accident, administrative offense, crime of which they are eyewitnesses;
e) implementation of decisions of authorized state bodies or officials to restrict or prohibit movement;
f) the need to attract a driver or vehicle to assist other road users or police officers;
g) checking documents for the right to use and drive vehicles, as well as documents for the vehicle and the cargo being transported - only at stationary traffic police posts, police control posts and checkpoints.
During special events, it is allowed to stop vehicles outside of stationary posts in order to check driver's and registration documents, as well as documents for the transported cargo.
It is prohibited to stop vehicles unless necessary.
13.8. Vehicles should be stopped for as short a period as possible. Public transport (buses, trolleybuses, trams) on routes should be delayed no more than 1 - 2 minutes.

General requirements for the execution of administrative procedures (actions)

32. The basis for the beginning of the performance of a state function is the decision of the head of the unit on the entry of employees into service.
33. When performing a state function, employees must be in uniform (employees of the State Traffic Inspectorate - with a badge) and have a service ID.
34. The time frame for employees to carry out administrative procedures (actions) should be the minimum necessary for their implementation based on the specific situation .

True, in both the first and second cases there are no specifics - everything is at the discretion of the inspector

How many minutes later should a traffic police inspector approach the driver after stopping?

The traffic lawyer answers how long the driver needs to wait for the traffic police inspector after stopping on the highway or in the city.

Stopping by a traffic police inspector to check documents is quite a common procedure. And although for many it evokes a lot of not the most positive emotions, it is still pointless to challenge the duty of the traffic police to control order on the roads.

However, the traffic police, in turn, are obliged to comply with the requirements of the law and administrative regulations that guide them in the performance of their main functions. Our lawyers regularly receive questions on the hotline regarding the procedure for stopping drivers. Some of them directly relate to situations when a police officer is in no hurry to approach a car.

Question 1: I was stopped by a traffic police officer, followed by five more cars. Since we stopped anywhere, he began to approach the cars not in order of stopping, but in order - as they began. At the 15th minute I left, and a few minutes later a police car caught up with me. The result is a fine for failure to comply with the inspector’s request to stop, 800 rubles. How many minutes does the inspector have to approach the driver?

Question 2: I often meet police officers on the federal highway who periodically stop me. They stop and stand aside for about 10 minutes, discussing their business. And then they also claim that it was I who did not come out to meet them, because they “control the flow” and cannot leave.

As we can see, cases of abuse by the traffic police do occur. And yes, this is pure abuse.

After how many minutes should the traffic police inspector approach the driver?

Current legislation establishes a certain procedure for interaction between the traffic police inspector and drivers through a by-law - an administrative regulation approved by Order No. 664.

This document regulates all the subtleties of the inspector’s approach to the driver, the procedure for carrying out all activities and other subtleties of the work.

The order of stopping and approaching the driver was not left without attention. Paragraph 89 of the Regulations gives very clear instructions: the inspector is obliged to immediately approach the driver after stopping, tell the reason, ask for documents, and so on.

If interpreted literally, “without delay” means that the policeman does not have the right to be distracted by any other matters other than “working off” the stopped driver. In fact, stopping several cars at once is also prohibited, but at the same time, the policeman is obliged to stop the crime and will easily explain his actions if it comes to complaints.

In reasonable estimates, “without delay” can hardly be more than 3-5 minutes, although the exact figure is not specified in any regulation.

Unfortunately, on highways and in the city, police do not always behave correctly, allowing long delays from the moment they stop until they approach the driver. But you can fight this too.

What to do if the inspector does not come to you for a long time after stopping

You can’t just pick up and leave, as not very competent authors of various publications often advise. In this case, liability under Part 2 of Art. 12.25 of the Code of Administrative Offenses of the Russian Federation for failure to comply with the requirement to stop the car. And it doesn’t matter that you stopped, waited for the policeman and moved on - the court in such a situation and without evidence of a delay will be 100% on the side of the police.

Therefore, adhere to the following procedure:

Immediately after stopping, turn the recorder towards the driver's window;
Comment on the situation out loud - time is such and such, stopped. I'm waiting for so much - it's not suitable.
You can take a video of what the inspector is doing.
After waiting 10 minutes, call the traffic police hotline and report your exact location and situation.
Let them know that you cannot wait any longer and, having notified them, are leaving the stopping place.

You may be advised to still wait for the inspector, so it is better to be prepared to invite the operator to wait with you. After another couple of minutes you can move on.

In general, this list of mandatory actions is sufficient to avoid liability under Art. 12.25 Code of Administrative Offenses of the Russian Federation.

Often, by the way, the police do not even react to a car that has driven away if they are very busy processing other drivers. Subconsciously, they understand that if the driver stopped, honestly waited for some time and only then moved on, then with a high degree of probability everything is in order. And few people want to leave their post for the sake of a 500-ruble fine.

If the traffic police still catches up with you, what should you do?

First of all, stop immediately. You should not play with law enforcement officers, because subsequently part 2 of Art. 12.25 of the Code of Administrative Offenses of the Russian Federation can transform into disobedience with the prospect of arrest. Of course, you can challenge such an article - but it takes a long time and the chances of first being detained and only then defending your rights are too real.

After stopping, provide the following information in response to complaints about leaving the stopping place:

Everything was recorded by the DVR;
The hotline accepted the request;
The inspector is on video;
You are in a hurry and if a protocol is drawn up, then a complaint will be filed against the actions of the traffic police officer in court, and the fine will be challenged in an appeal.

If you need help appealing a fine for refusing to stop at the request of the traffic police or you want to appeal the actions of the police, call our car lawyers right now!

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