After stop vehicle the traffic police inspector is sometimes not limited only to checking documents, but tries to inspect or inspect the vehicle. But it should be remembered that inspection of a car by a traffic police inspector is not always authorized! Let's try to figure out how to properly conduct an inspection.
Inspection or Inspection, that is the question
Many drivers do not know the difference between an inspection and an inspection, and allow traffic police inspectors to carry out absolutely any actions with their car. Let's understand the interpretation of these terms.
Car inspection- This external review vehicle by a traffic police officer for the purpose of registration and verification activities. That is, a traffic police officer may ask you to open the hood to check the number. He can look into the salon through the glass, visually examining it.
Inspection- this is a more "deep" concept, which means control of the actual contents of the car.
So, in what cases can a vehicle be inspected?
- During special operations.
- To verify the numbers indicated in the TCP, and markings.
- When identifying signs of a malfunction of the car, in which its operation is prohibited.
- In case of discrepancy between the cargo that the car transports, the information specified in the accompanying documents.
Inspection is carried out in the presence of the driver and the person who accompanies the cargo. If they refuse, then an inspection is carried out.
If the traffic police inspector "notified" you that the vehicle will be inspected, you have the right not to leave the car, but simply open the hood.
In addition, if the inspector sees that the license plates are dirty (unreadable), it is not your responsibility to wipe them; this can be done by the inspector. But if you are asked to open the bag, then this already turns into a search!
Thus, we can distinguish the main differences between inspection and inspection:
- Voluntariness. Inspection is carried out with the consent of the driver, inspection - without.
- Conduct procedure. Inspection of the car is carried out in a free form; inspection of the vehicle is regulated by law and is carried out only in the presence of 2 witnesses.
- Basis for holding. An inspection can be carried out even if it “seemed”, but a good reason is required for inspection, for example, operational information, etc.
The procedure for conducting inspections by traffic police officers
So, your car was stopped by a traffic police officer who insists on conducting a vehicle inspection.
The first thing to do is to ask the traffic police officer for an official ID and rewrite his data.
Article 27.9 of the Code of Administrative Offenses clearly regulates that an inspection of a car can be carried out only for the purpose of detecting the instruments of committing or objects of an administrative offense.
That is, the traffic police inspector must have good reasons for inspection, for example, the suspicion that the driver is transporting prohibited goods for illegal purposes.
Be that as it may, it is necessary to clarify with the traffic police officer the purpose of the inspection. But remember that if the inspector explains the "mass inspection" by the announcement of the "Interception" plan, then he is wrong. In peacetime, mass searches are not permitted by law; only when martial law or a state of emergency is declared.
Inspection must be carried out with the participation of 2 witnesses; moreover, the "obligations" to search for witnesses are assigned to the inspector. If he begins to conduct an inspection without attesting witnesses, then remind him of the criminal liability under the article "arbitrariness." Witnesses can be independent citizens, for example, drivers of passing cars, but not the second traffic police inspector or passengers from your car!
Moreover, you may encounter a situation where your car was stopped, the inspector notified that he would conduct an inspection, but he did nothing. After 5-10 minutes of waiting, you can “remind” him of yourself by threatening to call 02 and explain that he violates Article 12.35. Code of Administrative Offenses “Illegal restriction of the right to drive a vehicle” (the sanction of the article is a fine of 20,000 rubles, which is imposed on an official).
But some inspectors go for a little trick: they ask you to show them a first aid kit and a sign emergency stop, which, as a rule, lie in the trunk. But do not get lost, ask to name the article, on the basis of which the presentation of the above things is required. If the inspector insists on opening the trunk, demand, in turn, two witnesses and a protocol - this is already an inspection.
During the inspection, the traffic police inspector should in no case touch things with his hands! You yourself can shift the package that interferes, etc. Otherwise, his actions will go into the category of a search, for which you need to obtain the appropriate permission.
And, most importantly, after the inspection, a vehicle inspection protocol must be drawn up, which indicates the reason for the inspection. In the protocol in without fail all the “participants” of the inspection, the vehicle, the facts of the use of photo and video filming are indicated.
In addition, the protocol must indicate the things that are subject to seizure, in case of suspicion from traffic police officers. Witnesses must sign the protocol.
Subsequently, they may become witnesses in the case of recognizing the actions of traffic police officers as illegal (for conducting an inspection), so they must carefully monitor everything, since criminal liability is provided for giving false testimony.
How to protect your rights?
One of the features of the norms of the legislation on the inspection of vehicles is their specificity: the Code of Administrative Offenses quite clearly regulates the inspection procedure.
If you see that the traffic police inspector violates the law and openly prevents you from exercising your rights, take an observant position and, if possible, record his actions on video or involve witnesses.
After the inspection is completed, you must familiarize yourself with the protocol and sign it. In the protocol itself, you can indicate which actions of the inspector you do not agree with.
Later, all the actions of the inspector can be appealed either to higher management or to the court.
As a rule, many inspectors rely on the fact that you do not know the basic rules of inspection, and therefore commit gross violations.
So what should be done:
- The inspection is carried out in the presence of at least 2 witnesses.
- After the inspection, a protocol is drawn up.
- Inspection is carried out with the personal participation of the driver of the vehicle.
- The traffic police inspector does not have the right to move things, shift them, etc.; only you can do it.
Vehicle inspection: judicial practice
1 . I. was stopped at a traffic police post to check documents. After the inspector carefully examined everything, he asked to open the trunk. To I.'s question: "Why?", the inspector vaguely began to explain about the special operation - which one, I. did not understand. The driver, without thinking twice, insisted on drawing up a protocol and inviting 2 witnesses. At the same time, I. guessed to film the entire search process on video of his mobile phone.
As a result, the inspector arbitrarily rearranged things in the trunk, opened the glove compartment in front of the front passenger seat; and the protocol at that time was drawn up by his colleague, who was sitting in patrol car and did not go out anywhere, that is, he did not see the inspection process. The protocol was drawn up in single copy and handed over to I. With these notes and the protocol, I. turned to the immediate head of the traffic police inspectors who conducted the search. However, he did not react in any way to the facts presented by I..
But I. decided not to "give up." He turned to the head of the traffic police and at the same time with a statement about abuse of office in court. The court ruled that the actions of traffic police inspectors to conduct an inspection were illegal. Well, later a letter was received from the head of the traffic police, according to the content of which it became clear that the two inspectors who conducted the inspection were severely reprimanded, and their immediate superior was reprimanded.
2. Let's consider another example. A. was stopped by traffic police officers outside the stationary post; he was asked to open the trunk to search the car. 2 witnesses were invited. According to the results of the inspection, the inspector did not find anything illegal, about which a protocol was drawn up. During the search A. was filming.
After the inspection, A. applied to the court with the recognition of the actions of the traffic police officers as illegal. The court, having studied the materials of the case, came to the conclusion that A.'s actions did not constitute an administrative offense, respectively, the case would be considered in civil proceedings. In its decision, the court recognized the actions of the traffic police inspector as illegal.
Many traffic police officers in absentia “charge” the stopped driver with an administrative offense and justify their actions by article 27.1 of the Code of Administrative Offenses, which describes in detail the measures to ensure the proceedings in the case of administrative offense. One of the points of this article is the detention of the vehicle.
Therefore, when a traffic police officer searches and “holds” the driver quite for a long time, it always links to this article. But, wait, what administrative offense can be imputed to the driver if he just stopped?
In no case be afraid to challenge the actions of traffic police officers and ask for moral compensation! The courts in most cases take the side of the drivers, if in statement of claim you provide sufficient justification for your position.
Good afternoon, dear reader.
This article will review the final group of changes made to and effective November 4, 2012.
Today we will talk about two important procedures - inspection and inspection car. Let me remind you that these procedures themselves were discussed in detail in one of the lessons of my free audio course "" (I recommend listening to it), and today we will only talk about innovations.
Grounds for vehicle inspection
Consider the updated list of grounds (reasons) for inspecting a vehicle:
149.
1 Clause 23 of Part 1 of Article 11 of the Law Russian Federation"About the police".
1 Paragraph 23 of Part 1 of Article 11 of the Law of the Russian Federation "On the Police".- existence of grounds to believe that the vehicle is operated in the presence of malfunctions or conditions under which its operation is prohibited 1 .
1 Clause 1 of Part 1 of Article 28.1 of the Code.
149. The grounds for the inspection of the vehicle and cargo, that is, the visual inspection of the vehicle and the transported cargo, are:
- orientations, other information about their use for illegal purposes 1 ;
- the need to verify the markings of the vehicle with the entries in the registration documents (paragraph 83 of this Administrative Regulation) 1 ;
1 Paragraph 20 of Part 1 of Article 13 of the Federal Law "On Police". - the presence of signs of non-compliance of the transported cargo with the data specified in the documents for the transported cargo 1 ;
1 Paragraph 20 of Part 1 of Article 13 of the Federal Law "On Police".
Please note that the last item has been excluded from the list of reasons for inspecting a (visual) vehicle. Now the traffic police cannot inspect the car even if they have reason to believe that the car is out of order.
IN this case the capabilities of traffic police officers are somewhat curtailed.
Vehicle inspection documents
Let me remind you that until November 4, 2012, no documents were drawn up on the inspection of the car:
153. Procedural documents on the inspection of the vehicle and cargo are not drawn up.
Those. traffic police officer could own will go around the car, look under the bottom, into the cabin, etc. Since the fact of the inspection was not documented, I recommended that drivers not contribute to the inspection of the car, i.e. do not open the passenger compartment, trunk, hood, etc. Thus, the screening procedure was more preferable.
Now the situation has changed a bit:
153 1 . On the inspection of the vehicle and cargo on the grounds provided for by the Federal Law "On Police", the employee draws up an act of inspection of the vehicle and cargo.
The act of inspection of the vehicle and cargo shall indicate the date and place of its preparation, position, special rank, surname and initials of the employee who drew up the act, information about the persons present at the inspection, indicating their surname, name, patronymic, address of residence, telephone, about the type, brand, model, state registration plate, other identification features of the vehicle, the type, quantity, other identification features of the cargo being transported. In the act of inspection of the vehicle and cargo, an entry is made on the use of photography and filming, video recording, and other established methods of fixing material evidence. The materials obtained during the inspection with the use of photography and filming, video recording, other established methods of fixing material evidence are attached to the act.
At present, upon examination a special act must be drawn up, which, among other things, includes information about the witnesses present during the inspection.
So the inspection is not so scary now. Once again, I want to draw your attention to the fact that if your car is being inspected, require the presence of witnesses. This may work in your favor.
Grounds for vehicle inspection
As for the grounds for inspecting a vehicle, they have undergone even more changes:
155.
- orientation, instructions in accordance with the objectives of special events 1 ;
- refusal of the driver or citizens accompanying the goods to inspect the vehicle and the cargo being transported 1 ;
1 Paragraphs 20, 23 of Part 1 of Article 11 of the Law of the Russian Federation "On the Police". - verification of a reasonable assumption about the presence of weapons, ammunition, explosives, explosive devices in the vehicle, drugs or psychotropic substances, other things, items and substances withdrawn from civil circulation and kept by citizens without special permission, instruments of committing or objects of crime 1 ;
1 Paragraphs 20, 23 of Part 1 of Article 11 of the Law of the Russian Federation "On the Police". - verification of a reasonable assumption about the presence in the vehicle of instruments or objects of an administrative offense 1 .
155. The grounds for the inspection of the vehicle, that is, the examination of the vehicle, carried out without violating its structural integrity, are:
- verification of a reasonable assumption about the presence in the vehicle of weapons, ammunition, ammunition for weapons, explosives, explosive devices, narcotic drugs, psychotropic substances or their precursors, or poisonous or radioactive substances 1 ;
1 Paragraph 16 of Part 1 of Article 13 of the Federal Law "On Police". - verification of a reasonable assumption about the presence of instruments or objects of an administrative offense in the vehicle or traces of an administrative offense on the vehicle 1 .
1 Part 1 of Article 27.9 of the Code. - implementation of detention, administrative detention of a person who was in a vehicle 1 .
1 Part 6 of Article 14 of the Federal Law "On Police".
So first things first.
1. Item 1 has been removed from the list. Now cars cannot be searched during special operations. Those. even if the traffic police officer is oriented to a car similar to yours, he will not be able to conduct an inspection.
2. Item 2 has been removed from the list. Now, refusal to inspect a car or cargo cannot serve as a reason for inspecting a vehicle.
3. A new item has been added to the list, which allows for inspection in case of detention or administrative detention of a person in the car (driver or passenger).
Let's sum up a series of articles devoted to changes in the administrative regulations of the traffic police. In general, the number of changes is large, and many of them are quite interesting for drivers. So, if you missed any articles in the series, I recommend reading them now. If you still have any questions about the changes, ask them in the section on changes in automotive legislation of the pddclub.ru forum. Do not be shy.
Good luck on the roads!
Earlier, during the inspection, I could not open the doors of the passenger compartment, the trunk. Only the hood for reconciliation No. At the request of the State Traffic Safety Inspectorate, I could refuse to open the doors and, in accordance with clause 151 No. 185, seek to conduct an inspection with a protocol and with witnesses for this. Now it turns out I can not refuse to examine. That is, the State Traffic Safety Inspectorate (with witnesses or video filming from 11/15/2014) draws up an inspection report and demands to open the doors, then inspects what he needs. Does the special act have any specific form? It is drawn up before the inspection and is a copy of the act issued? Can the inspector touch things in the cabin (trunk0? Or only by asking me?
the traffic police inspector, with two witnesses, carried out an inspection of my car, took out a yellow box from the inside of my car in which there is a rag for wiping the car, put this box on the roof of my car, filmed it on a video camera and said that I was a taxi driver, but I am not a taxi driver, tomorrow there will be a court in the Magistrate's Court as me to prove that I'm not a taxi driver
Richat, the penalty for the fact that the driver is a taxi driver in any case does not exist.
When the state traffic inspector stops the car and is going to check it and the driver, it is important to know the differences between the inspection and inspection of the vehicle in order to adjust their actions and communication with the traffic police officer who checks. Vehicle inspection is a visual inspection, without opening the doors and examining the interior. Inspection allows you to examine the machine completely, without violating its structural integrity.
How to behave during the inspection and inspection, what rights the driver has in each of the procedures and the consequences of these events - these are issues that should be carefully studied by each driver in order to avoid unpleasant proceedings with traffic police.
Features of the inspection
Examining the contents during the inspection, the inspector should not touch the things of the driver himself and the items entrusted to him as cargo. As part of the inspection, unauthorized entry into the interior of the car is not allowed. In other words, the inspector only visually inspects the vehicle, without touching or opening anything.
Unfortunately, most drivers are not familiar with the rights and obligations of traffic police officers, allowing them to get inside the car without legal grounds.
Inspection is allowed in the following situations:
- It is necessary to check the compliance of license plates with the information in the registration documents for the car. If VIN verification is carried out, the driver must personally open access to the information on the body, without the inspector having access to the car.
- The inspector received operational information about the theft of a vehicle with similar characteristics or the transportation of prohibited goods.
- If there is reason to believe that the cargo does not correspond to the accompanying documents available for it (transportation rules are violated, there are differences between the actual and declared cargo size).
In 2012, the execution of the protocol during the inspection was simplified. A more accessible lightweight version of the form has appeared, but in practice, not all inspectors use it.
The inspection report must contain the following information:
- Date of inspection, location.
- Details of the person conducting the search.
- Information about witnesses.
- It is clarified whether the documents for photo and video recording of the review were drawn up.
- The main characteristics and features of the machine and cargo are described.
Inspection Behavior Situations
Unlike inspection, which is not defined in the provisions of the legislation, the concept of inspection is defined by the provisions of the Code of Administrative Offenses. Inspection is called the inspection of the vehicle in a more thorough manner, while respecting the integrity of the design of the machine.
The inspection gives the inspector the authority to open the doors and trunk, and witnesses are required to carry it out.
The procedure involves the mandatory drawing up of a protocol and is carried out taking into account the provisions on searches given in the law "On Police".
The following circumstances may force a driver to undergo a search by law:
- The inspector has enough objective grounds to assume that the driver has committed an offense (for example, when transporting weapons, drugs, contraband, etc.).
- When ascertaining the fact that the driver committed an administrative offense (cases of driving a car in a drunken state).
It should be borne in mind that the inspection necessarily involves the presence of the owner if the vehicle was driven by another driver by proxy. Before conducting an inspection, the inspector is obliged to contact the owner and clarify his location and the possibility of arriving for the inspection.
It is also necessary to distinguish the search of the vehicle from the personal search. If the inspector demands to turn out pockets, we are already talking about a personal search, which is carried out only if there is serious suspicion. A protocol must also be drawn up during a personal search.
Driver's rights during check
When the traffic police inspector stops the car and asks for access to one or another part of the vehicle, it should be clarified what are the grounds for inspecting the car. Neither checking the fire extinguisher, nor checking the first aid kit are among the sufficient justifications for carrying out these actions.
If the inspector does not draw up a report, all he can require from the driver is the presentation of documents. All other actions of the inspector can be attributed to the facts of arbitrariness, for which a very serious punishment threatens, up to and including dismissal of the employee.
On the video about the inspection and screening procedures
It is necessary to distinguish between the concepts of inspection and inspection, requiring the inspector to comply with the boundaries of his powers. It is important to remember that a traffic police officer has no right to touch any personal belongings, since in this case his actions will qualify as a search, and it is carried out only if there is a warrant and presented to the driver.
What is the difference between the procedure for inspection and inspection of a car
Nobody likes it when someone stranger climbs into his personal life, touches things without asking, climbs into a car or enters a dwelling without an invitation to implement some suspicious plans that are understandable only to him. It does not matter with what intentions it is done and on what grounds. You can hardly meet a person who will accept an attempt to invade his comfort zone without wariness, even if he understands that he has nothing to fear and that he has a law enforcement officer in front of him, who is designed to serve the good of law and public safety.
This is a natural emotional reaction of a person to a sudden coercion to fulfill the requirements (even if they are legal) and, unfortunately, it has a rational grain, dictated by the experience of more than one generation of drivers who in Russia and the CIS countries faced various kinds of abuse of authority by traffic police officers especially during inspection and screening procedures.
IN best case the legally stipulated process is carried out in violation of the norms and regulations, at worst, with the help of it, “werewolves in uniform” pursue their criminal goals, throwing up a variety of prohibited items, from cartridges to narcotic substances, in order to then start extorting cash to "resolve the issue" otherwise the court, sentence, broken life.
Here is one of the recent high-profile cases that again occurred at the notorious (according to information from the Internet) post of the Tsukerova Balka road patrol service - also known as the Kushchevsky Post - located in the area of the infamous village of Kushchevskaya, Krasnodar Territory, in which eight years ago there was a mass murder that thundered throughout the country.
“For several years now, drivers who have been searched, searched, and in some cases detained have complained about inspectors. All this happens without any explanation or formalization. required documents» , according to the Kommersant.ru article on the incident, published a few weeks ago.
The leader of the Blue Buckets movement and public figure Pyotr Shkumatov was subjected to a sudden search of the vehicle. Here is how the fighter for the rights of motorists described the incident: “I, the passengers, were searched, the car was searched without drawing up any documents, without witnesses, without everything else. At the same time, of course, no one motivated anything. Absolutely humiliating, in fact, such a forceful procedure, when two people in uniform, simply not paying attention to any laws of the Russian Federation, do what they want”.
Note that while this illegal search was being carried out, an employee can put something prohibited at any time and in any place of the car, especially since several traffic police officers “processed” one car. Here is an excerpt from the material from the site drive2.ru:
“They stop you, then ask you to get out of the car, and suddenly they begin to search the car in a lawless way - without attesting witnesses and without registration. In my case, the traffic cop just started climbing the glove compartment, while the second distracted me with suspicions that I was in a state of drug intoxication and it would be nice to show him cigarettes, a wallet (!), And what you have in your pockets, etc. While I was distracted , the second employee could put anything in the glove box: a grenade, drugs, or the corpse of Saddam Hussein.
At the same time, we were subjected to a real interrogation, where and, most importantly, why we were going. We honestly answered that we were in Yeysk for work, after which they whispered and let us go. Apparently, only this saved us from morning headlines in the style: “The leader of the Blue Pails was detained in the village of Kushchevskaya for transporting 1 gram of heroin” ... ".
“...they plant drugs in places like a niche in a door or a glove compartment. If drugs have already been planted on you, they announce the price for resolving the issue (this is from reviews on the Internet) at 300,000 rubles. It’s cheap, because it will cost 1 million rubles to solve the issue in the famous Kushchevskaya.”- Shkumatov told the AvtoVzglyad portal.
Video report about the problems at the post "Tsukerova Balka"
Whether on the wave of the dissemination of a criminal topic that has surfaced in the media (in order to “shoe” the knowledge of ordinary drivers so that dishonest employees of the State traffic inspectorate cannot mislead them) or, it just so happened that the traffic police decided to remind drivers of the difference between inspection procedures and inspection of vehicles funds (according to statistics, during the summer vacation season, conflicts between drivers and inspectors most often occur), reference material has appeared on the official website of the traffic police.RF, which explains the subtleties and distinctions between the two concepts.
Let us consider an interesting and important topic in more detail so that motorists do not have problems and their rights are not violated during legal requirements traffic police inspector.
What is the procedure for inspecting a car by a traffic police officer?
Vehicle inspection - This is a visual inspection of the car, as well as the cargo transported in it.
We emphasize here the most important point - the inspector, when inspecting the car, conducts it exclusively visually, without touching anything in the car with his hands and without penetrating into the cabin at all.
He does not have the right to independently open the trunk or hood. And if an employee needs to check the VIN number as part of an inspection in engine compartment, he will be able to do this only if the driver voluntarily opens the hood. If the driver refuses to open the hood of the car, then the IDPS does not have the right to do this on its own, or only as part of the inspection, if there are grounds for that.
Inspection of the vehicle, the cargo being transported is carried out with the participation of the driver or citizens accompanying the cargo, states paragraph 198 of the Order of the Ministry of Internal Affairs of Russia dated 08.23.2017 N 664 (as amended on 12/21/2017). The presence of witnesses during the inspection is not provided, but technical means for the inspection police officers use the right.
Also, during the inspection, you should not fulfill the inspector's request to open the trunk or the door to the salon, this procedure will already go into the category of inspection. True, there is a certain twofold nuance here, which is reflected in the memo article on the website of the State traffic inspectorate.
“Inspection of the vehicle and cargo consists of a visual inspection of the vehicle ... The driver is invited to voluntarily provide the police officer with the opportunity to visually inspect the vehicle and the intended places of cargo transportation, which are structurally designed for this (trunk and “glove box” passenger car, body truck and so on.)…", according to the website of the traffic police.
That is, from the position of the Ministry of Internal Affairs, an inspection is any action of a visual study of the car, including the contents of the cabin. Usually employees ask the driver to open the glove box, trunk, hood, and so on. From the point of view of lawyers, such actions are already an inspection, since visually the salon is also visible through the windows (if they are not tinted) and they entail a different legal design, which we wrote about a little higher.
A clear algorithm of actions for all drivers in similar situations does not exist. It all depends on the level of legal knowledge of the motorist, the behavior of the traffic police officer and many other facts. Since until November 2012 during the inspection no documents confirming the fact of the procedure were drawn up, it was not safe to let the inspector inside the car without witnesses. How then could you prove that you didn’t have that bag of white matter? It was a banal security issue.
Now the situation has changed, during the inspection an appropriate act is drawn up (for more details, see chapter “Inspection of the vehicle should somehow be reflected in the documentation?” a little lower). At the very least, this is a legal protection against abuse by dishonest employees.
But in any case, if the traffic police officer tries to get into the car too zealously during the inspection and you seem suspicious to him, it is preferable to go through the inspection procedure, in which the participation of witnesses is mandatory. We will talk about it a little later, but for now, we will discuss a couple more points about the inspection procedure.
What grounds exist for inspection and where are they registered?
It is important to understand what grounds traffic police officers may have for inspecting a vehicle.
In what cases can traffic police officers inspect a car?
The grounds for inspecting a car are prescribed in paragraph 197 of the Order of the Ministry of Internal Affairs of the Russian Federation:
Orientations, other information about their use for illegal purposes;
The need to check the markings of the vehicle and verify them with the entries in the registration documents;
The presence of signs of non-compliance of the transported cargo with the data specified in the accompanying documents for the transported cargo.
As you can see, an employee of the Ministry of Internal Affairs can refer to the need for an inspection if there is an orientation, if it is necessary to verify documents, or if there are signs of non-compliance of the cargo being transported with the documents. This must be remembered.
If the driver refuses to voluntarily provide an opportunity visual inspection vehicle and cargo to a police officer, the latter has the right to inspect, however, if there are "relevant grounds". This is stated in a note on the official website of the traffic police. According to lawyers, such a rule simply does not exist in the legislation, but practice has the opposite trend.
Inspection of the vehicle should somehow be reflected in the documentation?
If you heard somewhere that a car inspection can be carried out without drawing up an act, you have been misled. In fact, on the inspection of the vehicle and cargo on the grounds provided for by the Federal Law "On Police", the employee draws up an act of the so-called inspection of the vehicle and cargo. This provision is enshrined in paragraph 200 of the regulations.
What is included in this act?
The act of inspection of the vehicle and cargo shall indicate:
Date and place of its compilation, position, special rank, surname and initials of the employee who drew up the act;
Information about the persons present during the inspection, indicating their last name, first name, patronymic (if any), address of residence, telephone number;
About the type, brand, model, state registration plate, other identification features of the vehicle;
On the type, quantity, other identification features of the cargo being transported.
In the act of inspection of the vehicle and cargo, an entry is made on the use of photography and filming, video recording, and other established methods of fixing material evidence. The materials obtained during the inspection with the use of photography and filming, video recording, other established methods of fixing material evidence are attached to the act.
What is the procedure for inspecting a car by a traffic police officer?
According to article 27.9 of the Code of Administrative Offenses of the Russian Federation, vehicle inspection, that is, an inspection of the vehicle, carried out without violating its structural integrity, is carried out in order to detect the instruments of committing or objects of an administrative offense.
What you need to know about vehicle inspection?
The inspection is carried out in the presence of two witnesses or with the use of video recording (part 2 of article 27.9 of the Code of Administrative Offenses of the Russian Federation).
Inspection must be carried out in the presence of the owner of the vehicle. In urgent cases, the inspection can be carried out in his absence (part 3 of article 27.9 of the Code of Administrative Offenses of the Russian Federation).
Inspection of a car without a protocol and without attesting witnesses or without the use of video recording to record procedural actions is illegal (Article 19.1 of the Code of Administrative Offenses of the Russian Federation).
If necessary, photography, filming, video recording, and other established methods of fixing material evidence are used during the inspection (paragraph 206 of the Regulations of the Ministry of Internal Affairs).
During the inspection, the trunk of the vehicle, the glove box (glove box), as well as other technological cavities and closed spaces, including fuel tank and body upholstery. During the search, the police officer also does not have the right to independently move objects around the cabin, independently shift them from place to place, but can only ask you to do this. Otherwise, it will be a search, and without a court order, its conduct is illegal.
During the inspection, the driver and passengers must leave the car.
In what cases are traffic police officers allowed to inspect a car?
The grounds for the need for an inspection are enshrined in paragraph 202 of the Order of the Ministry of Internal Affairs of the Russian Federation No. 664.
The grounds for the inspection of the vehicle, that is, the examination of the vehicle, carried out without violating its structural integrity, are:
verification of data on the presence in the vehicle of weapons, ammunition, ammunition for weapons, explosives, explosive devices, narcotic drugs, psychotropic substances or their precursors, or poisonous or radioactive substances;
verification of data on the presence of instruments of committing or objects of an administrative offense in the vehicle;
detention of persons listed in Part 2 of Article 14 of the Federal Law "On Police" who are traveling in vehicles
In order to conduct a search, police officers must have a reasonable suspicion that prohibited items are in the vehicle.
What is included in the Vehicle Inspection Protocol?
Since the inspection of a car is a procedural action, the inspector draws up an inspection protocol or makes a record of the inspection in the protocol on administrative detention (in accordance with Article 27.9 of the Code of Administrative Offenses).
The protocol on the inspection of the vehicle indicates ():
date and place of its compilation, position, surname and initials of the person who drew up the protocol;
information about the person in whose possession the vehicle subjected to inspection is located;
about the type, brand, model, state registration number, about other identification features of the vehicle;
about the type, quantity, other identification features of things, including the type, brand, model, caliber, series, number, other identification features of weapons, the type and quantity of ammunition;
about the type and details of the documents found during the inspection of the vehicle.
In the protocol on the inspection of the vehicle, an entry is made on the use of photography and filming, other established methods of fixing material evidence. The materials obtained during the inspection with the use of photography and filming, other established methods of fixing material evidence, are attached to the relevant protocol.
According to paragraph 212 of the Regulations, the protocol on the inspection of the vehicle is signed by the official who drew it up, the person in respect of whom proceedings are being conducted on the case of an administrative offense, and (or) the person in whose possession the vehicle subjected to the inspection is located, as well as witnesses in case of their participation.
If the person in respect of whom proceedings are being conducted on the case of an administrative offense, and (or) the person in whose possession the vehicle subjected to the search is located, refuses to sign the protocol, an appropriate entry is made in it (part 8 of article 27.9 of the Code of Administrative Offenses of the Russian Federation) .
A copy of the vehicle inspection report shall be handed over to the person in whose possession the vehicle subjected to inspection is located.
Can the traffic police carry out technical inspection of the car on the road?
It is not uncommon for employees of the State traffic inspectorate to require the driver to provide them with a fire extinguisher, first aid kit, check the operation of headlights, turn signals, trying to check “by eye” technical condition car. Since, according to Decree No. 1008, technical inspections can be carried out by operators or accredited persons, such actions by traffic police officers are illegal.
And if the inspector insists on technical inspection car on the spot, say at a stationary traffic police post, this should be documented by him in order to have evidence of illegal actions on the part of the official. Otherwise, you may be in serious trouble if the inspector "finds" a malfunction in any part of the car. For example, it will seem to him that xenon ones do not meet the standards.
Remember, there are no legal grounds for such actions of the inspector!
How to behave as a driver when inspecting or inspecting a car?
Keep cool. You have the right to start filming action official any time. If you see that the traffic police officer does not comply with the procedure established by law for the conduct of legal proceedings, tactfully inform him of this. Do not interfere with it, but do not let it be understood that you will dutifully wait for the end of the execution.
In the event that the traffic police inspector stopped the vehicle, and after he named his position and rank, and also explained the reason why he stopped the car and the target, the driver needs to make a clarification regarding the implementation of a specific procedure.
This means that the inspector must inform the driver that in this case the inspection and inspection of the vehicle. Such requirements are established by law. They are spelled out in the Administrative Regulations and other regulatory legal acts of the Ministry of Internal Affairs of Russia.
The owner of the vehicle must be able to distinguish inspection from vehicle inspection, since often the traffic police inspectors, using the driver’s lack of the proper level of knowledge, replace one lift with another.
The Code of Administrative Offenses of Russia does not contain in its rules any other concept of vehicle inspection, with the exception of one - technical.
At the same time, such a concept as vehicle inspection is also spelled out in the Administrative Regulations. Its provisions indicate that the inspection of the vehicle and the cargo that is transported in it is their usual visual inspection.
The legislation clearly defines what is inspection and establishes a certain list of grounds for the legitimacy of its implementation by the inspector:
- Availability of orientation, as well as other information that the car or the cargo it transports is used for illegal purposes;
- The need to verify the markings identifying the vehicle with those records that are indicated in the car registration documents;
- If there are signs indicating inconsistencies between the transported cargo and the data specified in the documentation for the cargo transported by the vehicle.
Until recently, the Regulations established the procedure according to which, in the event that the driver of the vehicle refuses to provide the opportunity to inspect the vehicle, including if any other legal grounds are found, they determine the possibility for the inspector to inspect the car.
However, law enforcement judicial acts of the Russian Armed Forces indicate that such provisions of the Administrative Regulations violate the rights of the driver and contradict the existing legislation of the Russian Federation.
Among other things, the Supreme Court of the Russian Federation recognized that the provisions of the Regulations of the Ministry of Internal Affairs, according to which, when inspecting the vehicle and the cargo in it, the relevant procedural documents should not be drawn up, also cannot be applied. This means that the consequence of the driver's refusal to inspect his car cannot be the occurrence of grounds for the inspector to inspect the vehicle.
And in the event that the car was nevertheless inspected, it is the responsibility of the inspector to draw up a special act.
Carrying out inspection of the vehicle
Inspection of a car according to the rules of the law is its examination, which is carried out without any constructive violations of the vehicle to identify tools or objects that were used by the admin. offense.
The legal grounds that enable the traffic police inspector to inspect the vehicle are all the same rules prescribed in the Administrative Regulations.
The grounds for inspection are:
- Verification of a reasonable suspicion that the vehicle contains tools or objects used in the commission of admin. offenses. This also applies to the presence of traces of the admin. car offenses;
- Verification of a reasonable suspicion that weapons, ammunition or any explosives and devices, drugs or other psychotropic substances, including poisonous or radioactive preparations;
- The need to detain the person who is in the car.
From the above, it can be the difference between inspection and examination. It lies in the fact that the inspection is accompanied by an actual visual review of the vehicle, which is carried out mainly in order to verify it marking designation, or cargo upon receipt of the driver's consent to perform such a procedure. But the inspection is associated with the need to check the contents of the car.
What is the difference between inspection and examination
Legal grounds for inspection or examination of the car have significant differences from each other.
In addition, inspection differs from car inspection the fact that the latter is a measure that ensures the proceedings in the case of an administrative offense. This is the reason for the more weighty grounds for its implementation.
In such cases, the rules of the Administrative Regulations and the Code of Administrative Offenses of Russia establish the need for the presence of two witnesses, or the mandatory video recording.
In addition to this, the inspection of the car must be carried out in the presence of the owner (owner) of the car. Exceptions when it is possible to inspect a car without the presence of its owner are circumstances that brook no delay. In this case, such circumstances are indicated in the protocol. The relevant grounds for holding such events also establish the provisions prescribed in the Admin. Regulations and Code of Administrative Offenses of Russia.
It must be remembered that according to general rules legislation, if the vehicle was stopped by a traffic police inspector, its owner is not required to leave his car during an inspection by a traffic police officer. However, if the inspector stated the requirements that the car must be left in order not to interfere with the inspection, the driver must agree and comply with the requirements of the traffic police inspector.
Inspection rules
Carrying out inspection of the vehicle is a reasonable procedural action. Based on this, the duties of the traffic police inspector include the execution of the relevant protocol. If, for example, an administrative detention was carried out, then the relevant information that the transport was inspected should be included in the protocol on the administrative detention. detention. The minutes must record the date and place when it was drawn up, as well as full details about the employee who drew up the protocol, about the car and the data of the owner of the vehicle. The results of the activities carried out, information about witnesses, and their personal signatures must also be reflected in the protocol.
If these actions were accompanied by video recording, the protocol must contain an appropriate entry confirming the fact of the video recording, which must also be attached to the protocol.
It must be remembered that if the transport was inspected without the subsequent drawing up of a protocol, without the presence of attesting witnesses, or without video recording of all ongoing procedural actions, such actions of the inspector can be qualified as arbitrariness. This legal provision establishes the norms of the Code of Administrative Offenses of Russia.
A copy of the protocol drawn up by the inspector must be handed over to the person in respect of whom the administrative case has been initiated and the investigation is underway. Also, a copy of such a document is issued to the owner of the car, who signs the protocol itself. If the indicated person refuses to sign the protocol, a corresponding note is made in it.
Thus, the driver must clearly understand what is the difference between these two procedures and know how they differ. WITH It should also be borne in mind that the more carefully the procedure is followed, the more likely it is possible to guarantee the observance of the rights and interests of the driver. At the same time, there is a higher chance of avoiding undesirable consequences, the cause of which may be the arbitrariness of traffic police officers.
