When a state traffic inspector stops a car and is about to check it and the driver, it is important to know the differences between a search and an inspection. vehicle in order to adjust their actions and communication with the checking officer of the traffic police. 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 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, as in this case his actions will be qualified as a search, and it is carried out only if there is a warrant and presented to the driver.
Perhaps, each of the drivers at least once during the entire period of his driving experience faced a situation when, when stopping, the traffic police inspector wants to inspect or inspect the car, in addition to the standard check of documents. This article will help all drivers to know their rights better and understand that an inspection or search is not always authorized by a traffic police officer. It is no coincidence that we immediately focus on inspection and inspection, since these are two different procedures, the grounds for which are different.
What is the difference between a vehicle inspection and a car inspection?
The legal illiteracy of drivers leads to the fact that at the first request of the inspector to get out of the car and show him the car or its contents, many unconditionally obey the actions of a representative of the authorities. Although most often the actions of the inspector are unauthorized. Since there must be compelling obvious circumstances for such procedures to be carried out.
Inspection of the vehicle may be carried out by a traffic police inspector to carry out registration and verification actions. At the same time, the inspector has the right only to ask to open the hood to verify the engine number, and he can only look into the cabin through the glass for visual inspection.
Inspection is already a comprehensive check, which may include an inspection. During the inspection, the inspector checks the contents of the entire car - interior and trunk.
An inspection can be carried out not just “at the request” of the traffic police inspector, but only in a number of cases established by law:
- When conducting traffic police or other law enforcement agencies of special operations;
- When reconciling the numbers indicated in the TCP with the actual ones (reconciliation of markings);
- In case of external detection of a malfunction (malfunctions) of the car, in the presence of which its further operation is prohibited, since it poses a danger to the owner of the vehicle and other road users;
- Inspection trucks, in case of non-compliance of the transported cargo with the one specified in the accompanying documentation. Moreover, the inspection of the cargo is carried out in the presence of the driver, as well as the person accompanying the cargo. In case of refusal to inspect, the inspector has the right to conduct an inspection.
Before proceeding with the inspection, the traffic police inspector is obliged to notify the driver about this, and the driver himself has the right not to leave the car, but only to open the hood from the car. If, during the inspection, the inspector cannot “read” the license plates, then it is not the responsibility of the driver to clean them, the inspector must do this himself.
Summing up, we can highlight some features that distinguish inspection from inspection:
- Voluntary nature - the inspection is carried out with the consent of the driver, if the driver does not agree, then the inspector may resort to inspection;
- Free form of conduct - there is no inspection regulation, it can be carried out in any form, the inspection is regulated by law and requires the presence of witnesses (2 witnesses);
- Reason - the inspection can be carried out if the reason for it is not explicitly expressed, but only "seems". Inspection requires a good reason.
The procedure for conducting an inspection by a traffic police officer
After stopping the vehicle, the traffic police inspector declares the need for inspection? The first thing to do is to ask for an official ID and rewrite its data. If you wish to inspect a car, the traffic police inspector must be guided by the Code of administrative offenses and its article 27.9, which says that the search is carried out to detect the instruments with which the offense was committed. This means that the inspector must have good reason to suspect specific car(or the driver) that there is a prohibited item inside the vehicle. In any case, the inspector must clearly state the reason, and if he refers to the "mass inspection" in connection with the introduction of the "Interception" plan, then his actions are not authorized. Such a measure (mass character) can only be applied in wartime or when a state of emergency is introduced.
Important! During the inspection, there should be understandable (2 people), and the duty to search for them lies with the traffic police inspector. In the case of an inspection without clear ones, the inspector should be reminded of the existence of criminal liability under the article “Arbitrariness”. Witnesses must be two strangers, in no case can the second inspector be invited as a witness.
Further, if the inspector notified the driver about the search, but does not take action to search for witnesses, then after a 10-minute wait, you can safely call "02" and declare an unlawful restriction on driving. But initially, of course, in order not to enter into an open conflict, it is better to warn the inspector about your intentions in order to “stir up” him (illegal restriction of the rights to drive the vehicle threatens the inspector with a substantial administrative fine).
It should be clear what can and cannot be done by the inspector. If, while waiting for attesting witnesses, the inspector requires the driver to present a first aid kit, a fire extinguisher or a sign emergency stop(which in most cases lie in the trunk), it must be said that they are in the trunk, and opening the trunk is already an inspection, and without witnesses it cannot be done. In addition, if witnesses were found and the trunk is open for inspection, the traffic police inspector does not have the right to touch things inside it. The driver has the right to open the packages for inspection and present their contents, but if the traffic police inspector personally touches things, then this goes into the category of a search, which requires completely different conditions and the availability of appropriate permission.
After the inspection, a protocol must be drawn up, indicating the reason for the inspection, the persons present at it, information about the car and the facts of video or photography. Also, if there are things that the inspector wants to seize, they must be indicated in the protocol. After observing all the subtleties in the protocol, all participants in the search must sign: the driver, the inspector and witnesses. The list of the latter obliges them to the possible participation in the role of witnesses, if on the basis of the protocol the office work is opened.
Violations committed by traffic police officers during the inspection
The most important thing to learn from this material is that the search of a vehicle by a traffic police officer can be carried out if there is a good specific reason. Holding it because it "seemed" unacceptable. If the driver sees that his rights are openly violated, then it is best to resort to expectant and observational tactics, if possible, recording what is happening on the DVR or any other writing technique. Also, do not be shy in bringing witnesses, who later could confirm the fact of violation of rights.
At the end of the protocol, the traffic police inspector must carefully read what is written, and then sign it. If necessary, the actions of the inspector with which the driver does not agree are indicated. Subsequently, on the basis of this protocol, it will be possible to appeal the actions of the inspector to judicial order. So, once again, the basic rules for conducting a vehicle inspection:
- The presence of 2 witnesses is mandatory, which the traffic police inspector must find;
- Drawing up a protocol after the inspection with the signatures of all those present;
- Inspection is carried out only with the personal presence of the owner of the car;
- Traffic police inspectors do not have the right to rummage through the personal belongings of the driver.
Compliance with these few rules will save many drivers from unpleasant situations. Violation of the above requirements entails the recognition of evidence as inadmissible and leads to the cancellation of the decision in the case of the AP, issued based on the results of the inspection.
Additional Information
There are many controversial points in the current legislation. Large discussions, for example, are caused by the rules for the inspection and inspection of vehicles. Often, car owners read forums with advice from inexperienced lawyers or watch videos to form an idea of the differences between car inspection and inspection. This leads to attempts to “swing” the rights in relation to the representatives of the traffic police, which can lead to an administrative arrest of the driver. However, traffic inspectors do not always inspect or inspect a car legally, and even more so with the preparation of the necessary documentation. So there is a misunderstanding of all the subtleties and nuances between inspection and inspection, which will be discussed further.
On the basis of what laws are motor vehicles inspected or inspected?
The rules, grounds and procedure for inspection and inspection are regulated by the following regulatory legal acts:
- Code of Administrative Offenses;
- , which entered into force after the publication of Order No. 664.
In the fifth paragraph of the regulations, the police are entrusted with the task, in order to prevent violations, to inspect or inspect vehicles.
What is the difference between inspection and inspection?
To distinguish between these procedures, which are of an administrative nature, we will give a specific definition of both concepts.
Article No. 27.9 of the Code of Administrative Offenses stipulates that an inspection is an inspection of a machine carried out without violating the integrity of structural elements. These actions are carried out in order to search for items involved in the commission of the offense.
In paragraph No. 197 of the regulations of the Ministry of Internal Affairs, the concept of inspection means a visual inspection of vehicles and the cargo being transported.
The difference between inspection and inspection is the presence of touches on the car or things carried in it.
If the traffic police inspector offers to open the trunk, doors or hood - this is an inspection, for which a protocol is drawn up under Article 27.9 of the Code of Administrative Offenses and witnesses are invited.
When the inspector visually inspects vehicles or objects inside, looking through the windows, then these actions are classified as an inspection. The representative of the authorities should not touch the vehicle itself or delve into objects inside it or in the car interior.
When the traffic inspector opens the door, sits down on the seat, probes the trim and inspects the interior from the inside, such manipulations are called inspection of the car by a traffic police officer.
Video: Lawyer explains the difference, talks about violations of the law by traffic police officers
What is the difference from search?
There are also such search activities, which are called searches. The list of permitted actions in this situation is regulated by the Code of Criminal Procedure of the Russian Federation. You can search the car if you have a decision issued by the investigator. This document is drawn up as part of the criminal proceedings. Vehicle search rules provide that a police officer has the legal right to intrude on work structural elements and violate their integrity, for example, open the door trim.
The difference between a search and an inspection and inspection is that it is forbidden for the traffic police to search the car.
Due to the fact that the search is a criminal procedure, it can only be carried out as part of a planned event. In this case, the police officer is obliged to provide the owner of the car with an appropriate warrant or decision.
In practice, a search differs from an inspection by the ability of the inspector to violate the integrity of the elements of the machine. During the inspection, the skin can only be probed, but not opened.
Foundations
As a basis for review can be used:
- Oral or written instructions received by the inspector from the direct commander. The management can bring information about the introduction of a special plan in the area of work of the police, associated, for example, with the detention of a fugitive criminal. For this reason, traffic inspectors are required to inspect the trunk of every stopped vehicle.
- Reconciliation of the body or engine number of the car with those indicated in the documents for the car. The possibility of such a check appears if the traffic inspector has an orientation about the theft of vehicles of an identical brand. In addition, the employee traffic police may also have subjective suspicions, on the basis of which the machine is inspected.
- Discrepancies in the transported cargo with the information specified in the accompanying documentation. If in luggage compartment or inside the car there are foreign objects (the personal belongings of the driver and passengers are considered an exception), then for their transportation it is necessary to have accompanying documents, for example, a bill of lading or a bill of lading. The traffic inspector receives a legal basis to inspect the cargo in order to verify the actual information with the one specified in the invoice. Passenger cars for such inspection stop very rarely, in contrast to trucks. However, in a situation where the rear row of seats is filled, for example, with boxes household appliances, the traffic inspector can reconcile their number with cash receipts.
- Availability of information that the machine has a malfunction or moves in conditions that prohibit the operation of the vehicle. For example, the traffic rules clearly state that the use of vehicles is prohibited if there is a breakdown of the windshield wipers. If it is raining outside, and the “wipers” do not work on the police car moving towards the police car, then he can stop the vehicle and ask the owner to turn on the device to check its operation.
Inspection of the car does not imply the participation of attesting witnesses and the preparation of an appropriate protocol.
The representative of the traffic police for inspection must have good reason. In their absence, the conduct of any search activities is considered illegal, and the police officer may be held accountable in accordance with administrative law.
Grounds for inspection vehicle are contained in paragraph 202 of the regulations of the Ministry of Internal Affairs. These include:
- Search in vehicles for things or substances prohibited for storage and transportation. For example, explosives, ammunition, weapons, drugs. It is worth noting that the inspection can be carried out only if there is a reasonable assumption about the movement of prohibited substances into the car.
- Search in the vehicle for items involved in the commission of an administrative offense. Identical to the above point, inspecting can only be done if there is a reasonable assumption.
- Detention of any person traveling in a motor vehicle on suspicion of having committed an offense. A reasonable assumption may be the orientation to vehicles, which, according to visual signs, are similar to those stopped by traffic police.
Regarding the issue of detention, search of vehicles refers to the only legal option in which you can force a person without applying physical force to him. The fact is that these rules for conducting inspections exclude the presence of people in the car. When the traffic inspector stops the car for a check and asks everyone to leave the salon, he has the right to do so. But in this case, you should demand to draw up an appropriate protocol for the inspection of the car and involve two witnesses in the process.
Vehicle inspection rules
Regulations prescribe regulated rules governing inspection. They include the preparation of documentation, the processing of evidence found, the rules of conduct for each participant, and the procedure for inspecting a vehicle.
Before starting, you need to draw up an inspection protocol. This document is required.
On the basis of paragraph number 207 of the regulations of the Ministry of Internal Affairs, the police representative is obliged to ensure that all citizens get out of the car.
For the inspection, at the discretion of the inspector, two witnesses are involved or a video recording is made.
Procedure during an inspection
The representative of the traffic police is obliged to independently open the trunk, doors or hood, check things in the cabin. He can pull or move things, conduct a tactile inspection, open the glove compartment.
The traffic inspector cannot violate the integrity of structural elements or plating.
The owner must be present when the vehicle is inspected. The same applies to car inspections. However, on the basis of paragraph 204 of the regulations of the Ministry of Internal Affairs, in urgent situations, the procedure can be carried out without the owner of the car. Naturally, the employee's arguments about the lack of time are not such.
If a representative of the traffic police finds prohibited items or things, then he is obliged to invite an investigation team to the place. These actions are regulated in paragraph number 209 of the Administrative Regulations of the Ministry of Internal Affairs.
Car Inspection Rules
Based on the above definition, vehicle inspection is the visual detection of the desired information without touching the vehicle. However, current legislation obliges the representative of the traffic police to draw up an appropriate act. This obligation is spelled out in the regulations of the Ministry of Internal Affairs in paragraph 200.
An interesting circumstance can be called when the traffic police inspector visually examined the interior of the car, as well as all citizens in the cabin through the window, such actions are classified as inspection of the vehicle. Accordingly, you will have to draw up an act of inspection of the vehicle.
The difference between this document and the protocol of inspection activities lies in the fact that the form must be drawn up before the start of the procedure.
What violations of the law are allowed by traffic police inspectors?
The motorist must remember that the inspection and inspection of the vehicle by the traffic police representative is carried out only if there are grounds. When a motorist is confident in his own knowledge of how to correctly build behavior during an inspection, and realizes that his legal rights have been violated, then it is necessary to record the entire procedure using technical means.
In addition, you can record the data of witnesses confirming the illegality of the search. Before signing the protocol, be sure to study the contents of the document. Only then can you sign. If the driver does not agree with the actions of the traffic police officer, it is worth making an appropriate note in the completed protocol. You can file a complaint about the work of a traffic inspector with a court.
Code of Administrative Offenses in article number 19.1 contains a rule classifying an attempt to search or the performance of this procedure without issuing relevant documentation and involving witnesses, like arbitrariness.
For such a violation, the traffic police officer will receive a monetary penalty in the amount of 300 to 500 rubles. Naturally, this penalty is very small. However, an administrative penalty will entail disciplinary liability. And this is already a much more serious punishment for a representative of the traffic police.
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 for reconciliation markings a vehicle with 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 been further 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 in the vehicle of weapons, ammunition, explosives, explosive devices, 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 the inspection. 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.
