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Driver's alphabet: rules of behavior when stopping the DPS inspector. Communication with traffic police: What to read to increase legal literacy? The rules for communication of the traffic police officer with citizens

When the traffic police inspector can stop the car, the order of communication. How procedural action is issued. Driver's right.

Each driver at least once wondered if his car could stop just like that. On this occasion, many topics have been created on the forums, endless disputes are being conducted, different versions are put forward. Where is the truth?

Legislative regulation of a car stop

The procedure for stopping the car is dedicated separate section In chapter 3 of the administrative regulations for the implementation of the Ministry of Internal Affairs of the Russian Federation, the functions of the Gosnadzor for compliance with the participants in the roads of the legislation of the Russian Federation in the field of road safety. The regulations are approved by the Order of the Ministry of Internal Affairs of Russia of 08.23.2017 N 664. New rules apply about one and a half years - from February 2018.

The main innovations relate to the place of the possible stop of the car and video recordings of traffic police officers.

Can you stop the car just like that

Procedure for examination for alcohol use

At any stop, the traffic police inspector draws attention to the driver's condition. With the slightest suspicions on alcoholic intoxication Checking the fact of consuming alcohol or other prohibited funds.

Examination can be held in two forms:

  • on site, the traffic police officer using a special device;
  • in the shape of medical examination In a medical institution.

Any status check is subject to documentary. According to the results of the examination, the act is drawn up.

The act is drawn up and in the event of a driver failure to check in place

Examination by analyzing blood for the content of alcohol is not always carried out. The reason for the direction of the driver in the medical insurance is:

  • his disagreement with the results of checking in place;
  • if the driver refused to verify the inspector;
  • for negative result Checks on the site and the presence of explicit signs of intoxication.

A director can only be sent to the driver's medical institution can only after the test of the portable alkotester was carried out or if the driver was offered such an inspection, and he refused. The direction of the medical examination in violation of the specified sequence is illegal.

Legislatively enshrined the driver's responsibility to undergo a state check if the inspector needs it. However, this requirement should be fulfilled voluntarily, coercion does not apply. In this case, the refusal is qualified as an independent offense, stable article 12.26 Administrative Code. For such stubbornness, you can not only heal for 30 thousand rubles, but also lose the driver status for 1.5-2 years.

Video: Examination upon detention

Causes for detention and delivery of the driver and passengers in the site

With the worst development of events, the driver can even be detained and sent to the police station.

Detention is a serious measure for which there should be good reasons. Such a reason is the commission of a crime and the involvement of participants in motion to this.

The inspector during the arrest should inform the on duty, after which the investigative group should be called to the place of detention or an indication of delivering offenders to the police.

Detention should be distinguished by the forced direction of the person in the police station. To such extent you have to resort if:

  • on the spot it is impossible to compile a protocol;
  • responsibility for illegal actions The driver provides administrative arrest. In this case, we are talking about administrative detention;
  • if you need to identify and there are suspicions that the citizen is wanted;
  • it is required to resolve the question of detention and on the place of stopping the car is difficult;
  • this is necessary for the security of a citizen in the presence of a threat to his life and health and if he himself cannot take care of himself;

At the same time, the citizen is delivered to the police station on patrol or own carBut the control is transmitted to the inspector.

Is the inspector have the right to demand payment of the fine on site

Often the stop of the machine ends with the decision of an administrative offense. Indeed, by some articles of the COAMAAs a rule, providing for minor violations, the inspector may independently attract the violator to justice and impose a sentence. This is allowed if the punishment implies a fine or warning and the driver agrees with everything.

But if the driver is disagreeable with the fact of the violation, the protocol must be drawn up and is aimed at consideration in the traffic police department. In this case, the ruling is not taken out.

The penalty is a measure of punishment, suggesting a certain fixed amount in the budget. You can pay a fine in the bank branch, mail, through terminals, as well as special Internet services (mobile applications, single portal of public service).

The payment of the fine on site is not provided. Any transfer of money to the official person can qualify as a bribe.

The inspector should only follow information on how and where you can pay a fine.

Recall that when paying a fine no later than 20 days after deciding, the violator saves half of the amount, the amount of which is established by the corresponding article of the CACAP.

Other drivers' rights when stopping the machine inspector

Any driver will be worthwhile to know about his rights.

Let us dwell on those rights that were not mentioned earlier:

  • if we are talking about registration administrative offense, the inspector should clarify the driver of his rights and obligations;
  • the driver or his fellow travelers can get acquainted with the procedural documents compiled in their respect;
  • the estimated violator can and should make an explanation in the case of his disagreement with the protocol. Do not think that the refusal to sign the protocol may somehow protect you. To act intelligently, the protocol must be carefully read and in the case of reasoned disagreement or having any comments necessarily indicate this in the protocol itself, after that - to sign. Only in this case, your comments will be taken into account and can somehow affect the consideration of the case or appeal;
  • production participants are entitled to a copy of the Protocol, which is awarded by the default.

During 22 years, I never stopped just like this, if there were stops, then for the obvious violation of traffic rules Or simply checking documents \\ solid raid for sobriety checks. It never occurred to me to challenge the legality of the stop, because there is nothing easier than stopping for 2 minutes, chat with the inspector and go further.

Rowan Atkinson

https://forums.drom.ru/law/t1152458199-p3.html

Video: Driver's rights in drawing up protocol Employee traffic police

What to do to the driver if his rights violate

When drawing up a complaint about the traffic police officer, it is necessary to specify the facts of his behavior that the driver accounts for violating his rights

Drivers should remember the principle of the presumption of innocence. That is, the fact of the stop does not mean anything yet. Another thing, if the driver himself knows about the violation of the rules. In this case, it is worth only to make sure that administrative production And adhere to benevolent correct behavior.

In the opposite case, it can be confident in his innocence until the opposite is proven. To bring to justice, direct evidence of guilt is needed. That's it precisely in this context, the situation should not be allowed for a self-shot, and you need to take care of protecting your rights.

  • studying traffic rules. In the rules there are many reservations that are freed from responsibility. For example, it is impossible to attract for an unattached belt if it is not envisaged in the machine design. The argued objection indicating the norm of traffic rules or other documents will be able to become a decisive fact;
  • many controversial situations can be resolved by records from the DVR;
  • to carefully read any document on the spot, indicate in it about your disagreement, to take a copy.

The inspector may decide only after the Protocol. You can not confuse these two documents. Having signed in the ruling, the driver confirms his consent with the fact of the violation.

It was previously mentioned that in the event of the disagreement of the driver with the fact of violation, the PTC, the representative of the traffic police is obliged to draw up a protocol and send it to the management of the traffic police or court. In fact, after drawing up the protocol, the decision is made. IN judicial practice There are cases when drivers have sought the cancellation of such a decision. They motivated this by the fact that the same face could not be initiated and considering the case of an administrative violation.

If the inspector, without any direct evidence of the driver's guilt, makes a decree, can not be lowered. You can defend your position by appeal. If the driver is disagreeable with a resolution, he has 10 days to file a complaint territorial office Traffic police or court.

As if the driver, I sought to avoid a meeting with the traffic police inspector, the latter will always have grounds to stop the machine. Being behind the wheel, you should not ignore the requirement officer. If there is no guilt for the driver, it is important to keep calm and adhere to polite behavior. Any procedural action is subject to registration in the form of an act or protocol. It is important to fill these papers correctly and take a copy of the hands. At the same time, as well as in the absence of direct evidence, the driver's violation has every chance to restore their rights.

Approved by the Order of the Ministry of Internal Affairs of Russia No. 664 (ed. 12, 21.12.2017), the principles that the DPS officer should be adhere to when communicating with the driver. The main include: politeness, tacty, manifestation of calm and excerpt, appeal exclusively on "you". Among other things, the inspector is obliged to refrain from rudeness, offensive expressions and replicas, not to be arrogant, do not make biased comments.

All these rules work in reverse sideSo it is extremely relevant for each driver. Even if you think that they did not break anything, try to tang your dust in time and communicate with the inspector politely - so it will be easier to settle all the differences.

Do not require

"Report immediately, why did you stop me! "- not the best wording, agree? And if adding to a similar question is dismissive, high tone, then Kashi already obviously not weld.

To introduce themselves, calling his position, the title and surname, as well as if you ask about it, show the certificate, then report the reason and purpose of your appeal (paragraph 45 Administrative regulations). Otherwise, the driver can manifest the initiative himself and in polite form to ask the DPS officer to introduce themselves, as well as explain the cause of the stop. The main thing is to make your requests tactfully.

It is not prohibited once again to clarify or ask the inspector to further clarify its requirements., comments, the basis and reason for which the rights and freedoms of the motorist are limited, essence of violation and concrete law, to which the traffic police officer refers (PP. 43 , 45 , 50 administrative regulations). The most accessible and unequivocally respond to the driver's questions is the direct responsibility of the DPS officer.. "Switching rights" - not the best solution, where more productivelycommunicate respectfully and rely on specific rules.

Do not forget about your rights and obligations

Good afternoon of road disputes with DPS employees most often arises due to banal ignorance of traffic rules, Administrative Code, FZ " About security road » and administrative regulations. Everyone, who sits behind the wheel, must learn thoroughlyTraffic Laws(P . 11 administrative regulations and. one . 3 traffic rules).

It is equally important to know the rules for communication with the traffic police inspector. There are a lot of nuances. For example, the motorist is not obliged in the event of a stop of the car immediately leave the car interior: it is enough to lower the glass from the driver and wait for the inspector to suit you (paragraph 48 of the administrative regulation). True, if there are objective circumstances, which are on the roadway and approach the driver's door for the inspector is unsafe, he can contact the driver from the opposite side of the car or act in the situation. For example, ask to open any other window and even offer to move the machine to the place specified by them (PP. 48 and 93. 2 of the administrative regulations). It is not worth the annoyance, wondering whether it is not worth arguing in such cases, because it can take advantage of. In addition, in certain situations, the inspector has the right to offer a motorist to get out of the car.

The list of cases in which the DPS officer may offer to leave the car salon:

  • the driver has signs of intoxication and (or) a painful state (paragraph 93.1 of the administrative regulations);
  • carrying out personal inspection, inspection or inspection of vehicle and cargo (clause 93.1 of the administrative regulation);
  • holding in the presence of a driver (vehicle owner) reconciliation of numbers of aggregates and vehicle nodes with records in registration documents (p. 93.1 of the administrative regulations);
  • when the driver's participation is required in the implementation of procedural actions, as well as to assist other road users or police officers (paragraph 93.1 of the Administrative Regulation);
  • if it is necessary to eliminate the technical malfunction of the vehicle or violations of the transportation rules (p. 93.1 of the administrative regulation);
  • when the behavior of the road participant creates a threat to the personal security of an employee (paragraph 93.1 of the Administrative Regulation);
  • take a place in a patrol car or go to the official room when its participation is necessary for registration of procedural documents (clause 93.3 of the Administrative Regulation).

One more out important aspects Applies to documents. Transferring documents to the inspector to check documents, you need to take care of, so that they were without covers, holding devices, unnecessary items, money I. valuable papers (p. 53Administrative regulations). Knowledge of basic rules will help to avoid misunderstandings..

Do not justify

What happens in such cases most often? As a rule, he is either justified, or eloquently proves that he did not violate anything. Although the first thing you need to do is require the evidence of your guilt. For example, data of photo video filming, which is clearly fixed. Remember that the driver is not obliged to prove his innocence (presumption of innocence), except cases of fixing the administrative offense working in automatic mode special technical meanshaving functions of photo and filming, video recordings, or photo and filming, video recording (Article 1. 5 of the Code of Administrative Offenses).

Prove the driver's guilt must be a traffic police officer. So it is enough to correctly inform him of my innocence and the right not to testify against yourself(paragraph 1 of Art. 51 of the Constitution).

When it comes to drawing up the protocol, the driver must clarify the rights and obligations, which the mark is made in the document (part 3 of Art. 28.2 of the Administrative Code of the Russian Federation). Making up the paper itself, carefully read each item. The protocol should describe a violation that the driver committed, with the obligatory indication of the place and time. Check the date indicating the place of drawing up the protocol, the position, the name and initials of the traffic police officer, its own data and the data of witnesses, if any (part 2, Article 28.2 of the Code of Administrative Medical University).

If your opinion on a certain situation is contrary to the inspector's position, boldly complement the document with my explanations, comments, argued to set your own point of view (part 4 of Art. 28.2 of the Codecha RF).

Put dashboard in blank lines and be sure to provide the wording protocol« Disabilities disagree. PDD did not violate. " Correctly insist on that, so that the term appeared in the document"Driver", not "violator". And do not forget to ask for a copyprotocol (Part 6, Art. 28. 2 of the Administrative Code of the Russian Federation).Do not lose, do not robet, do not go to the conflict, just remember, what you have right and tactfully insist on your.

Do not be unfounded

Dispute without facts deprived of meaning. Try to always reinforce your position with references to specific norms.. When you appeal to the letter of the law, find counterargumentsextremely difficult. Let's say if you stopped and affirmed, that during the movement you were not fastened, then be sure to ask the traffic police inspector to provide photos or video, on which will be clearly seenthat is so. If there is no evidence, and the emphasis is made on, that at the time of the conversation with the inspector you are not fastenedT. you can refer to the station. 12 . 6 Administrative Code, in which clearly said, what you need to be fastened only while driving. What directly follows, that the motorist can run away immediately after stopping the machineto extract, for example, documents from Pocket.

If there is a car, which simultaneously removes and what is happening in the cabin, and beyond, it will confirm your position. If there are no cameras, as well as evidence, and the inspector still insists on its own, ask for a protocol and indicate all your arguments, noting that there are no direct evidence of your guilt.

There are also situations, when the belt castle fails or rifles right on the road (anything can be). In this case, too, you should not panic. Need to explain the employee of the DPS, that the incident happened right on the way and you are heading to the parking loteither a hundred to eliminate malfunction (p. 2.3.1 traffic rules). ANDfinally , if the design of your car is not provided for the presence of seat belts, that violations on your part will also not (Article 12.6. Administrative Code of the Russian Federation).

Legal literacy will help tactfully solve a lot of controversial moments., relying on concrete facts, and not on unfound statements. Communicating with the traffic police inspector, you should not go on the emotion, whatever the situation. Pledge of successful dialogue - politeness and knowledge of the rules of law.

Stopping the car by a DPS officer often causes excitement from the driver. From the go to build a dialogue with an inspector not all. The risk cross the thin line between the easy misunderstanding and the hot spore is quite large. Emotional equilibrium will be able to settle the law. Find out how to behave with the traffic police inspector and is it possible to avoid friction?

An article on how to properly behave the driver with the traffic police inspector, to pay attention to. Important tips. At the end of the article - interesting video About how to communicate with traffic cops.

The content of the article:

Probably there is not a single motorist who would never stop the traffic police worker. In this situation, drivers behave differently. Some are nervous and demonstrate their guilt, the others behave calmly, and often communication with the police ends with the phrase "happy way!". How to behave correctly with traffic police officers?

Calm and knowledge of their rights - the key to the success of the driver


So that our society has become a legal, all people need to know and comply with the law, be able to defend their own rights in any situations. This also applies to drivers. If you follow the driving rules of movement and know your own rights, then no traffic police inspectors are scary. It is important to keep calm in any situation. No need to give to understand with all your appearance that you are afraid of the traffic police worker. He may feel it. You need to talk to the inspector culturally, calmly, essentially, without increasing the voice.

In your car should always be a book with traffic rules and the administrative code. Moreover, it is advisable in a prominent place so that the policeman see them. This is a good psychological trick. Only these books should not just lie, they need to carefully study. Then there will be no problems on the road. In the event of some controversial situations, you can always prove your triggeon to the inspector.

And now we turn to the consideration of behavioral features with traffic police inspectors in different situations.

Stop car


The conversation of the driver with the inspector begins immediately after stopping the car. It should be understood that the auto stop at the request of the inspector is already legal act, the consequences of which may be serious not only for the driver, but also for a policeman.

The stop of the car is preceded by the waist of the traffic police officer. At the same time, the driver must closely monitor the actions of the inspector to understand what kind of car indicated a policeman. Some motorists stop at each wah rod, even if they were not waving.

It is not right. You only need to stop if the policeman indicated on your car. In addition, it should also specify the stop location. Then the stop is obligatory, otherwise you become an intruder. Why start a conversation with an inspector for violations?


To stop, you should turn on the right turn and cuddle to the sidelines. Some drivers after the traffic police officer signal can include another turn to turn on, which will lead to additional fine. From excitement should be abandoned, it only harms the driver.

It should be understood that the inspector does not have the right to stop the car "just so." This is a violation of the law. There are clearly prescribed causes of the auto stop. A policeman can stop the car if:

  1. The driver or his passengers violated traffic rules;
  2. There is information that the driver or its passengers made an accident or other offense;
  3. Auto is wanted or used illegally;
  4. You need to poll the driver or passengers about the circumstances of the offenses, whose eyewitnesses they became;
  5. It is necessary to complete the decision of the government agencies on the limitation or prohibit movement;
  6. It is necessary to attract the driver or its car to assist other persons.
Some traffic police officers as the reason for stopping the machine call documents verification. But the driver should know that in this case the policeman violates the law. Establish a car to verify the documents, traffic police can only at stationary posts, police posts or PPCs.

Outside stationary posts, you can check documents only during any special operation.


If the inspector stopped the driver to check the documents not at the stationary post, explaining its actions by holding in the area of \u200b\u200bthe special operation, the driver needs to ask what is for the operation, and ask the number of the duty of the Department of Internal Affairs of the city in which he stopped. It is necessary to call and ask if there is a special operation in this city. Many inspectors release the driver already at the time of the request of the phone, since the fact of the special operation was imagined.

So, the driver can stop only the reasons listed above. If the traffic police officer exceeds his powers, he needs to say about it. Only do it must be politely, not shouting about their connections in the police, the prosecutor's office and the courts. It only hurts.

The driver stopped - how to behave


If the traffic police officer stopped the car, he must come to vehicle And introduce yourself to calling the title, position and surname. After that, he must inform the reason for stopping the car.

The driver should definitely ask the police to provide his certificate. After all, you need to understand who in front of you is a worker law enforcement or disguised fraudster.

Even before stopping the car, the driver needs to turn on the voice recorder or the camcorder on the phone is a strong psychological moment. In addition, the recording can be evidence in court if it comes to it. Thus, it is advisable to fix the entire conversation of the driver with a traffic cop on the video. The inspector does not have the right to impede the use of video spix. In turn, the traffic police officer also can take a conversation on camera, only he should notify the driver.

Inspector is obliged to present his service certificate In the deployed form. The driver must rewrite everything that in it is indicated (from the name and ending the final validity period of the document). All inspectors must have a breastplate. Its number should also be rewritten. This information may be needed in court. In addition, the inspector will think a hundred times, whether it is worth contacting the driver, which writes its data.

Only after that the driver can provide his rights. At the same time, you should not transfer your documents directly in the hands of the traffic police officer, just to show them (for example, to attach to the glass). Otherwise, the driver falls into dependence on a traffic cop who can pick up documents and not to give them until the protocol addates (then the driver will have to run in different instances, proving his innocence).

If the police officer demands to transfer the rights, the technical service and the policy of Osago personally to him in hand, the driver may not fulfill its demands, referring to the orders of the Ministry of Internal Affairs No. 185 and No. 6.


Communicating with traffic police officers, the driver should not get out of the car - this is his right, but not a duty. It needs to be clearly learned. You can communicate with traffic cops through a root window.

The driver is obliged to exit cars only in the following cases:

  • To eliminate the car malfunction;
  • If the employee is confident that the driver is drunk;
  • For reconciliation of units with entries in documents;
  • To carry out car inspection;
  • If the driver or passengers are suspected of crimes;
  • If the driver's participation is required in the design necessary documents or assist other persons;
  • If the driver's behavior threatens the personal security of a policeman.
In other cases, the traffic police worker has no right to demand the driver to leave the car.

Finding out the fact of violation


The situation may develop differently. The inspector can simply check the documents and release the driver, and may begin to incriminate it any violation.

If a traffic police officer imposes some kind of violation to the driver, you need to ask if the police have evidence of this violation recorded by photo or video filming. At the same time, again, repeat that you need to act calmly and restrained. No need to scream and rude. It should simply be asked the inspector to show evidence that the driver violated something.

In this case, the inspector may say that the camera is installed inpatient, so it cannot be removed. The driver must demand that the policeman brought it. The inspector will most likely be raised and scare disobedience, but the driver does not need to be afraid of anything. While the traffic police officers do not prove the fact of the violation, the law on the driver's side.

Many employees remove violations on amateur video cameras. It is illegal. If the traffic cop shows the driver that he violated the rules of movement on a similar camera, then the driver needs to be asked to present a certificate for this video camera with the act of verification.


The inspector is obliged to show these documents. If this does not happen, the driver has the right to say that the video was carried out with a violation of legislation, on equipment that does not have a certificate and verification act. In this case, the record cannot serve as evidence of the driver's guilt.

If the driver really violated the traffic rules, and the record was made on certified equipment, the protocol will be discharged. When drawing up the protocol, the driver also needs to be attentive.

How to behave when drawing up the protocol


Many drivers are afraid of registration administrative Protocol, Therefore, they are trying to solve the problem "differently." But you should not give the inspector a bribe, otherwise the driver also violates the law. Better to behave correctly when drawing up a protocol.

First of all, you need to remember that in the right there is such a thing as the presumption of innocence. No one cannot be called guilty until his wine proven.

The driver must necessarily require the provision of direct evidence of his guilt. Moreover, in this case, the blame of the accused should be the one who accuses him. When drafting admin procolate, many inspectors require that the driver moves into their patrol car. The driver may not do this, unless the protocol of his detention is made. But this is done in rare cases.

The driver is not obliged to sign and write explanations in the protocol, this is his right. Sometimes the police fake the driver's signature, but it will incur criminal liability.


The driver needs to be carefully familiar with the protocol, to find the "Signature of the Violator" string, cross the word "violators", and write "driver" instead. So he will show that he does not recognize himself a violator.

The driver in the protocol should be written "disagree". When the appeal to unlawful actions The traffic police inspector, the judge will understand that the driver immediately disagreed with the actions of a policeman.

The driver must be a copy of the admisted admin prodocol. After that, according to Article 25.5 of the COAMA, in the inspector protocol, you need to write "Require legal care" This will help the driver further appeal the decision on this protocol. This record will allow in court to cancel the decision of the police due to the violation of the regulations for conducting procedural actions.

The protocol has a Count "Witnesses". In order for the traffic police officers in it, the driver needs to put a wide stroke.

During the preparation of the protocol, the police can arrange different provocations, but the driver does not need to succumb to them.


As practice shows, approximately 80% of all executive protocols contain serious disorders of the CAC, Therefore, the driver, if he is innocent, will not be difficult to prove his position in court. With a competent presentation of its own position, the driver has nothing to fear.

conclusions

The above councils do not mean that it is possible to break the traffic rules with impunity. All drivers must comply with the rules, it will save not only from conversations with traffic police inspectors, but also will retain their lives.

If it is necessary to communicate with inspectors periodically, then you need to carefully examine your rights, politely and restrained by the police of your position and prove your own right. It will save your wallet from unnecessary spending.

Video about how to communicate with the traffic police officer:

Let's talk about the rights that you have when stopping the car by the traffic police inspector: what can be done, what to demand from what to refuse and what to control. All these rights - from the Constitution, the Law on Police, administrative code and regulations for traffic police officers.

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Save yourself these pictures to use them when meeting with the inspector. And share with other drivers: the more legally competent car owners, the less arbitrariness from the traffic police.

Right not to leave the car when the inspector stopped

How it works. When the inspector stops the car, he immediately approaches the driver. The driver is not obliged to leave the car. He can sit still and listen to what the inspector wants. The traffic police officer approaches the driver from the driver (clause 48). And only if something interferes or there is a danger, he can come out on the other hand.

The inspector may ask the driver to get out of the car, if there are specific reasons. For example, you need to inspect, make a protocol or there are suspicions that the driver is drunk (p. 93). When checking documents, it is not necessary: \u200b\u200bthe fact of the stop does not mean that the driver must immediately leave the salon and stand next to the inspector or go to the patrol machine.

The right to learn the reason for stopping or restrictions

How it works. When you stop the car, the inspector is obliged to explain why it was stopped, which documents need to show. Not the driver asks, and the inspector says himself and immediately. The reasons for stopping the machine is enough. It may be checking documents or some raid.

Sometimes they say that inspectors cannot check documents from the driver: supposedly it is not a reason to stop the car. Indeed, earlier documents could only be checked in stationary posts, but such a restriction was canceled. According to the new regulations, this is a reason for stopping on the road: the inspector has the right to ask the rights, policy of OSAGO or plastic, even if there were no violations.

According to the regulations, the inspector can check the documents as early as passengers. There is an opinion that such inspections contradict the right to personal integrity and freedom of movement. But such is the regulations.

See also:

Right to explain your actions or not to give

How it works. Even if the driver violated something - exceeded the speed, crossed the solid, rides without the policy of Osago, - he can explain why so did it. The reason may affect the punishment, for example, to become a mitigating circumstance when appointing a fine. Sometimes it also excludes the driver's guilt. In any case, the inspector is obliged to listen to explanations and put them in the protocol.

If the driver does not want to explain anything, has the right: no one is obliged to testify in the Constitution against himself or relatives. Even if there is a gross violation, the driver caught on an attempt to give a bribe, he hijacked the car or faked documents into the cargo, can be silent. It will help or not - another question, but there is such a right, and they can be used.

The right to remove the inspector to the chamber

How it works. In the new regulations there is no point on video shooting. Some inspectors use this: they say that they have banned their actions. In fact, you can conduct a video of all actions of the traffic police officer or a police officer. And then use this shoot as proof in court - for example, that the driver demanded a bribe or inspected without witnessed and protocol.

Sometimes it can still ban the shooting. But for this you need a document and foundation - for example, it is conducted operational event Or something connected with Gostaya. Just so the traffic police inspector cannot ban video recording. At the Ministry of Internal Affairs at this expense is an unequivocal opinion.

See also:

Download pictures with instructions for your phone to always remember your rights

Download pictures with instructions

Right to learn the phone attendant part of the inspector, his position, title and surname

How it works. When the inspector comes to the driver, he must introduce himself. The driver has the right to ask for a service certificate. You can find out the number of the onset part or the unit and call there for checking: is it right if this employee serves there whether he is really on execution and is it true that there is a orientation to the same car.

To recognize the DPS division is also useful for complaints. By itself, the question of the place of service can make an inspector politely and make it closely treat the driver's rights.

Right to explore the protocol, act or ruling, get their copies

How it works. If the inspector noticed the speed exceeding, the car inspected, installed alcohol intoxication, delayed the car, took some things from it, then there should be documents. Depending on the event, this may be an act, protocol or ruling. For example, when inspection, the act is made, and when inspection is a protocol. If you do not compile the document, the results can be recognized by invalid.

In any case, the driver has the right to explore the protocol and make clarification into it. The inspector is obliged to show him what is written there, and give a copy to his hands. All this helps to challenge fines, prove someone else's guilt and receive compensation.

See also:

  • What to do when evacuating the car

Right not to sign the protocol and indicate disagreements

How it works. When the inspector is a protocol, he will show it to the driver. I will not immediately give a copy, and first give you to get acquainted. The driver will be offered to sign the protocol, but it is not necessary to hurry.

First, the protocol can not be signed at all. But the presence of such a right does not give advantages: the protocol will write that the driver did not sign, and it will not save it from the fine. It is better to use another right - to provide explanations and comments. For example, that the inspector indicated something wrong or the driver violated for such a reason. Or that the witnesses did not really have, and instead of inspection, the inspector conducted inspection. It will come in handy in court.

If the protocol has errors for design, for example, not the same date or data of the driver, you can not write about it and then use for full cancellation: incorrectly completed documents may not be taken in court, then the fine will not be prescribed.

See also:

Right to pay anything on the spot

How it works. The traffic police inspector cannot require money, even if the driver broke something. Drivers do not pay fines directly inspector. They need to pay to the budget through the bank or from the card.

If the inspector proposes to negotiate in place and promises a discount, he extorts a bribe. 50% discount can be obtained and when paying a fine in public services, and the inspector hints can lead to criminal article. For the cottage, even a small bribe can be fined hundreds of thousand rubles or sentenced to imprisonment.

If you require money, refuse or write a complaint. Such a proposal may be provocation: For the capture of bribes, new titles and awards are shine.

If drivers work for you, warn them that for bribes in the interests of the company fines even more. The driver will receive a sentence, and

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Download pictures with instructions for your phone to always remember your rights

Download pictures with instructions

The right to require witnesses or video when inspection

How it works. If the inspector wants to inspect the car, it must have a reason. For example, there are suspicions that the car is criminals or illegally transporting weapons. This is not the same as inspection: For him, other bases are different.

When inspection, everyone needs to get out of the car, and the inspector has the right to touch things. But at the same time, you are surely needed intact or video. When examined, they may not be, but there it is impossible to touch things, and it is not necessary to leave the car. If the inspector did not call the witnesses, does not record, but at the same time conducts inspection, you can not interfere with it, but then write down in the protocol that there was no understandable. The results of inspection will be invalid - they do not recognize the evidence.

Without understandable and protocol, you can abandon the inspection. Let them cause the bosses from the onsome part: in conflict situations as it should be (clause 51). But do not forget that if the requirements are legal, they need to be performed.

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Right not to give the driver's license without a court decision

How it works. It happens that right on the road the inspector found grounds for deprivation of rights. For example, the driver is drunk, goes with other people's numbers or crossed double solid. Call rights on site can not. This requires a court decision that entered into force.

In place the inspector can only compile a protocol. Then he is conveyed to court. Even if the court decision is not in favor of the driver, it can be appealed. While the ruling did not enter into force, the right to pick up cannot and the driver has the right to use them. Many years ago, the rights were taken at once, but now this condition does not work.

If the decision to deprive the rights entered into force, they need to be handed over as soon as possible. By law, there are three working days. If you do not pass it on time, the deprivation period will be interrupted, and a fine is threatened for driving a car.

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Right to medical examination

How it works. If the inspector has suspicions that the driver is drunk, he may be suggested to undergo an alcohol check, in a simple way - ride into the tube. But the driver can refuse. Then he will host a medical examination, that is, the samples will pass in the laboratory.

Such right can be useful if there are doubts about the accuracy of the breathalysta, its verification and seals. Or if the inspector does not comply with the verification procedure and did not compile a protocol. The results of the inspection affect fines, deprivation of rights, removal from management, payments on the CTP and loss of work. Medical examination is usually more accurate to check on the breather - use this right in controversial situations on the road.

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Right to complaints, protection of rights and compensation for damages

How it works. When the traffic police inspector violates your rights, he is responsible for this. On his actions or inaction, it is possible to complain, the results of inspections and protocols can be challenged, the evidence is invalid, the fines - to cancel the rights to return.

If due to the violation of the rights of the driver caused damage, you can demand compensation from the Ministry of Internal Affairs. Most often it does not lead to anything, but there are cases when drivers have sought their own and received payments from the budget.

Even if you do not bring damage to compensation, you can cancel the decision on the fine or deprivation of rights. We have already told the stories of drivers,

From October 20, 2017 in Russia comes into force new Regulations Traffic police (order of the Ministry of Internal Affairs No. 664).

1. Stop on demand

One of the main innovations is the right of inspectors to stop cars anywhere on the road. Previously, it was allowed to do only in stationary posts. Although, if some raid passed or an important operation on the detention of violators, the police could check documents wherever it is convenient. Therefore, in practice, this innovation will not affect the life of drivers.

2. "Satten the rights"

Another important point when checking documents, the motorist is obliged to provide them with the inspector not only without cover, but without "holding devices" - we are talking about all sorts of chains that some drivers bind rights. It is better to act according to the law, the head of the regional public organization of motorists "St. Petersburg Auto" said Svyatoslav Danilov:

"In general, communication with the inspector takes 15-30 seconds of time. Accordingly, you give a person rights and insurance, he checks, sees that everything is in order, wishes you a pleasant way, you say to him" Thank you "and all communication ends. That is In my opinion, it is not necessary to additionally come up with some means of deduction tools, or means that, anyway, can provoke a conflict, because the check of documents is pretty a simple action on the road that goes extremely quickly and Let it be lengthened, I think it seems meaningless to me. "


3. You can shoot on camera

In addition, the new regulation describes in detail how inspectors must communicate with motorists. Employees of the traffic police are forbidden to behave rudely, to exercise a dismissive tone, be arrogant, and even more so no offensive expressions and replicas are allowed. If the policeman becomes sad to the driver, he will be able to walk everything on video (according to the law it is allowed).

In general, the dispute can be removed on the inspectors to the chamber or not, it began due to the fact that in the new regulations of the GoAvtoistospect, the item disappeared, which has allowed citizens to produce photos and video of communication with the traffic police officer.

From a legal point of view, drivers are not talking about the prohibition of shooting drivers. And all that is not prohibited is permissible! Moreover, the traffic police regulation is administrative. But there is still the federal law "On the police", which is on the rank above this Regulation, and it just allows you to take off the chamber of police, including inspectors, explained the Avtoradio Chairman of the Association "Legal Association" Georgy Khorgansky:

"On this issue has long been formed a certain practice. Since the law" On the police "suggests that the actions of the employees of the internal affairs bodies are publicly available, aimed at protecting the rights and interests of citizens, then there are no problems in the production of video recording of police officers. Exception - when They are busy in the production of operational search activities under the criminal case. "

Therefore, you can safely remove inspectors on your smartphone. But still, experts advise this in cases of acute necessity, for example, when the controversial situation has developed, and not for fun when the inspector decided to smoke. By the way, there is no word about smoking in the new regulation. Not because you can smoke, but because the ban on smoking is registered in the Code of Ethics of Employees of the State Traffic Inspectorate.

4. Rights will not be able to remove an offense at the site

If it comes to removal of rights, this account in the new regulation has an important change: the norms excluded to be seized driver's license At the site of violation. Now the motorist is given for three days from the moment of the violations to independently pass the driver's license.

5. Accompanying after medical examination

In addition, traffic police officers will now be required to return the driver to his car after passing a medical examination, if the survey was held at a stationary post and the driver according to the results of the inspection is recognized as sober.

6. There will be no more certificates of accidents

Drivers after the accident will receive only copies of protocols and rulings. We really hope that insurance companies They will cease to demand them (for in the OSAO law, this rule is still present, as in many rules of companies in the case of CASCO policies). And as for the OSAGO. Now the driver can present the inspector the printed option. electronic Polisa., not just paper, as before.

7. Road chambers will put anywhere

Another important innovation touched the video and photos of the complexes. Previously, there was a ban on the installation of automatic cameras in the area of \u200b\u200btime constraints. And this item causes more questions - because no one will prevent them from putting on the track signs "40" and send fines. In the traffic police, they assure that the beggars should not be: the cameras will be fined only during repair, and if it ended on the papers, "letters of happiness will not come (even if the camera has not yet been removed).