Stopping a car by a traffic police officer outside a stationary post. Stopping a vehicle by a traffic police officer

It has been operating for several years now. This document approves the Regulations for the work of traffic police officers and explains how the traffic police inspector should behave with drivers (and other participants traffic), what rights and what responsibilities he has. Including order 185 contains the reasons for the stop vehicle traffic police officers.

Let's take a closer look at in what cases an inspector can stop a driver, what demands he has the right to make, and how to behave with a traffic police officer.

The reasons for stopping a vehicle by traffic police officers can be very diverse. Most often cars are stopped for traffic violation, not burning in dark time day lights (and remind you to turn them on), if you suspect that the driver is driving the vehicle in drunk, as well as for document verification.

In addition, the reason for stopping the car may be the presence of any information that the driver or passengers are involved in committing an accident, administrative offense or a crime or data on the unlawful use of a vehicle, an order from a manager to inspect vehicles or cargo, etc.

You should not ignore the inspector’s request to stop your car and make an arrest. However, according to the new Regulations, the inspector cannot stop your vehicle in places where stopping is prohibited. The only exceptions are two cases: the need to suppress a crime and stopping a vehicle by a patrol car with its lights on.

So, the traffic police inspector signaled for you to stop, approached your car from the driver’s side (in some cases he is allowed to approach from the passenger’s side) and introduced himself (he said his position, rank and last name). Then he must briefly inform the driver of the reason for the stop, and, accordingly, he has no right to stop you without a reason (for example, because he is bored on duty).

If you have any doubts about whether the inspector who stopped you is actually a traffic police officer (and this sometimes happens, especially on country roads), you have the right to ask him to show you service ID(he is obliged to show it to you without letting go of his hands).

In addition, it is necessary to keep in mind that the beginning of the performance of the function of a traffic police officer is the order (decision) of the head, and in its absence, all actions of the inspector are illegal.

This means that you, having any suspicions about the legality of the inspector’s actions, can ask him for the telephone number of the responsible or duty traffic police officer, call him, and make sure that the patrol order this area was really given (or it was not, which means the inspector (completely illegally) acts on his own initiative).

We advise you to download, print and put in the glove compartment of your car a list of regional telephone numbers of traffic police duty units and hotlines for issues of violation of the law by employees -.

This information has already helped out many car drivers!

Even if a traffic police officer stopped you on completely legal grounds, you need to get out of the car only in the cases listed in paragraph 70 of the Regulations. Such cases include:

• the need to eliminate any technical malfunction,
• whether you show signs of intoxication,
• carrying out verification of vehicle unit numbers or the need to inspect the vehicle (you can refuse to show your vehicle, then the inspection will be carried out in the presence of witnesses),
• implementation procedural actions(that is, filling out documents, forms)
• some other cases.

Even if you get out of your car, you only need to get into the car of a traffic police officer when filling out documents is required.

Now let's take a closer look at the case when a driver is suspected of driving a vehicle in drunk(and the reason for such suspicion may be bad breath, inappropriate behavior, speech impairment, etc.). As you know, in this case the driver is examined for intoxication.

According to the Regulations, it can be carried out only with two witnesses (or with a video recording of the examination process - the relevant ones have already been entered), either at the stop site, or, if the traffic police officer does not have a breathalyzer, at the nearest traffic police post.

If you (or the inspector) do not agree with the measurement results or you refuse to “breathe,” you will be sent for a medical examination at the nearest medical institution. If they determine that you are absolutely sober, the inspector will be obliged to take you back to your car.

You have the right to use video and audio recordings when communicating with a traffic police officer. However, be prepared for the fact that the traffic police inspector also has a similar right and can use these materials to prove your illegal actions.

Order No. 185 introduced another innovation. Currently, they can stop you only if they control the road in official vehicles with a color scheme and flashing lights.

And although hidden patrol cars may not have a special coloring, they do not have the right to stop vehicles on the highway, and you can safely drive on. In addition, according to the Regulations, if your vehicle is detained on the highway (for example, it was discovered that your power of attorney to drive the vehicle has expired), the traffic police officer is obliged to help you get to the nearest city or village.

To all of the above, it remains only to add a few more words. When communicating with the inspector, be calm and polite, do not allow yourself to be pressured or intimidated. You should not agree with everything the traffic police officer says.

Don’t be afraid to defend your case, because often the inspector does not begin to draw up a report until the driver admits his guilt, which means that by agreeing with him, you are writing a fine for yourself.

Argue to the last (unless, of course, your guilt is obvious), confidently operate with certain concepts from the traffic rules (even if you don’t remember the traffic rules by heart, since the inspectors don’t remember them by heart either). Remember that you have rights, however, do not forget that the traffic police inspector also has them, and therefore, never go too far.

Video - duties of a traffic police inspector:

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Comments on the article:

@Michael,
if you “correct the mistake” immediately, then there should be no sanctions, because parking is considered more than 5 minutes.

bones

stopped by a guy without a car, but in uniform, and said that I drove along the road with one way traffic completely in the opposite side and showed me a sign that was behind the thick branches of trees. He said: either half a year without a license or throw him 5 rubles, I threw it, I was late for work)

Paul

A traffic police patrol car within the city is hidden behind trees in an alley, inspectors stop drivers and fine them for speeding, while the traffic police car from a controlled roadway is not visible from a distance of 50 m because of the trees. Are their actions legal and how to communicate with them (what to refer to) when stopped? Thank you.

Paul,
do not violate traffic rules and there will be practically no reason to stop you!
In addition, familiarize yourself with Order 185 - one of the main documents regulating the communication of traffic police officers with drivers.

Alexei

Hello. Tell me how things are going now with the medical examination. Can I not breathe into strange devices, but demand that an order be immediately issued to be sent for examination to a licensed medical institution? THX.

Khasbulat

Please tell me if the little one is a stationary post, and what a stationary post should look like!

Eugene

Hello!
They constantly stop you, like checking your documents, you show them right away, let’s go and get fines, and then there’s a breathalyzer test, and unpleasant questions about drug use, and all this in a rude manner...
Question: if they stopped, but there was no reason, including any operations, can I report this violation of the regulations? If so, where and will the employee be punished for this?
And just like Alexey, I’m wondering if I can insist on being examined in a medical facility, and not in a traffic police car?

Eugene,
yes you can.
You can call the duty station or the traffic police hotline (it’s better to write them down in advance in case of such situations).

Vladimir

Just this morning - I was stopped by a traffic police inspector for no reason to check my documents. Personal number 50-5517 (or 50-55117) Domodedovo district. The traffic police car was parked at the exit from the overpass - was it legal? The traffic police inspector did not introduce himself. The rank is captain. Age 40-45 years. My question is: what is the purpose of the inspection? He answered rudely: “It’s none of your business!” I returned the documents. From my side, the second question: “Why didn’t the inspector stop the car in front without side lights and low beam?” Inspector's response: “There was a woman there!” And in my car there were children, whom I was taking to school in Moscow. Inspector's response: “Are you going to tell me how to work?” That's where we parted. Rudeness, rudeness. Lack of culture and education. Will such inspectors really continue to work and successfully pass the next certification? Where to file a complaint about the actions and behavior of a traffic police inspector - personal number 50-5517 (or 50-55117 - Domodedovo City District Moscow Region)?
Thank you.
Sincerely,
Vladimir

Vladimir,
On the website gibdd.ru (in the right column at the top) you can find all the contact numbers (including hotlines on issues of violation of the law by employees) of the district you need, and there you can leave your appeal online by clicking the “receive appeals” button in the online section - traffic police services.



Gleb

Hello! In my village, traffic cops often stop me for no reason, we have a taram pam pam event, provide documents. What to do in such a situation?

Gleb,
1. Traffic police officers can carry out appropriate activities - in in this case It’s easier and faster to provide documents for verification. As practice shows, this takes a minimum of time.
2. If you think (and you have strong arguments for this) that the traffic police inspectors who stopped you are violating something, then you can call the service own safety traffic police or file a corresponding complaint against misconduct employees (explaining the situation and preferably providing relevant evidence - video recording, etc.).

Marina

Hello. Recently I was stopped on a country road (on weekends they carry out raids to catch drunk drivers). I have a training car. I checked the documents and asked why in St. o reg. there is no mark about it. He said that I would call a traffic cop I know if there are any, like they would get me off. Strange behavior. Then I read on the Internet that for this violation a warning or a fine of 500 rubles. How to enter similar cases Further?

Dmitriy

Hello. last May in Moscow at night they *made me look drunk*. I was traveling with 3 witnesses. Previously, he had been deprived of it for a long time for drunkenness, which he admitted in court and received. minimum punishment according to the relevant article. Now I was driving sober - they stopped me at night just like that. Showed the documents. With the phrase *you were previously deprived of your rights for drunk driving- take a breath*. gave me the device - I caught my breath. showed nothing. the inspector went into the car and gave me a protocol on refusal of a medical examination. I didn’t refuse, no one offered me anything. then when I went to look at the materials, it turned out that there were signatures of two witnesses, although there was no one AT ALL there besides me, my friends and two inspectors. I asked the magistrate to call them as witnesses. They sent them subpoenas, and the judge personally called them in front of everyone. The inspector at the trial was confused in his testimony. And despite all this, on the basis that *you previously had an incident with alcohol while driving* I was deprived of my license for 1 year 9 months. IN district court and the Moscow City Court - they didn’t even read my complaints. There is only one reply - the fact that you were drunk proves the words of the inspector + the presence of a previous similar violation. I gave a lot of money and spent a lot of time to restore justice. It turns out, let’s say I’m on foot for another year - I get behind the wheel and someone will just make me drunk again and I’ll end up in jail? I don’t know if there is any point in appealing to the Supreme – I think the answer will be the same. I worked with 2 auto lawyers, the complaints were drawn up differently, but the result was the same - *recidivism of the crime*. Tell me, is there a way to drive without a license? I would like to do this on principle.

Dmitriy,
1. Why don’t the testimonies of your passengers (witnesses) appear anywhere?
2. Ride without driver's license It’s definitely not worth it - it’s creating serious problems for yourself.

Sergey

So you write...if I am confused about the legality of the traffic police inspector, then it is better to have a helpline or a duty station in advance.....if for some reason the inspector does not give me the number....Question: I myself Perm region, I’m going to the sea with my family, and on a section of the M-4 DON highway I regularly encounter rudeness from employees... where can I get a phone number? trust???If I can’t even see the phone without getting out of my car. dez. parts and especially bodies. trust….Thank you.

Sergey,
If you are going on a trip and along the way you will not have access to the Internet, you can write out in advance the telephone numbers of the duty station and the helplines of the regions through which your route will lie. You can do this on the traffic police website: in the upper right corner, click “other region” and select the ones you need (see screenshot).


Dmitriy

Hello! On a suburban highway, I was driving a Kamaz dump truck (the sides were made of metal up to the visor without violating the permitted dimensions), traffic police officers caught up with me and stopped me. Asked to go to company car To draw up a protocol on changes in the design of the vehicle, the sides were built up using a homemade method. They issued a fine of clause 1 of Article 12.5 of 500 rubles and an order if I do not “cut off” the stripes on the sides within ten days automatic mode vehicle registration will be suspended. Tell me whether the actions of the inspectors are legal and whether it is possible to increase the sides on the dump truck without violating the dimensions. Thank you.

Dmitriy,
Do you have documents confirming that this model Can a Kamaz car have the same height as yours?

Georgiy

Good afternoon, I work on the construction of a large plant, exit is carried out through a checkpoint with passes, the plant has a service that controls equipment on the territory (traffic police service), but today a traffic police crew showed up, stops vehicles and checks documents ( waybill, mark of completion pre-trip inspection). Do they have the right to stop on non-public roads?

• Sergey

  Hello, here’s a question: let’s say it’s known that employees stopped a car without reason, the driver refused to undergo a medical examination and blow into a straw. Can the court, based on the fact that the detention of the vehicle and the involvement of the driver was essentially not lawful from the very beginning (let’s say it has been proven), make a decision in favor of the defendant? Do such cases exist in practice or is it not the case?

The grounds for stopping a vehicle by traffic police officers are fully described in Order of the Ministry of Internal Affairs of March 2, 2009 N 185. Having read various dubious literature on the Internet, a young (and sometimes not so) inexperienced driver often sincerely thinks that traffic police officers cannot stop him except at a stationary post, bow and present the grounds for stopping the vehicle. Moreover, some are completely sure that they can only stop with a striped rod.

Article 13. Police rights

1. To perform their duties, the police are granted the following rights:

20) stop vehicles, if necessary to fulfill the duties assigned to the police to ensure road safety, check documents for the right to use and manage them, documents for vehicles and transported goods,

So, a traffic police officer, of course, can stop you in an open field or at a checkpoint, and even a kilometer before the checkpoint, and they can only stop you with their foot... I’m kidding, of course, they can’t stop you with their foot - they can stop you with their hand. All in the same Order of the Ministry of Internal Affairs of March 2, 2009 N 185 there is a subject list of means for stopping a vehicle by traffic police officers:

64. A request to stop a vehicle is made using a loud-speaking device or a hand gesture, if necessary using a rod or disk with a red signal (retroreflector) aimed at the vehicle.

In this case, to attract the attention of road users, an additional whistle signal, special light and (or) sound signals can be used.

And of course, for traffic police officers to stop a vehicle, there must be grounds, all of them are listed in paragraph 63 (as amended by Order of the Ministry of Internal Affairs of the Russian Federation dated December 31, 2009 N 1023)

Stopping a vehicle

63. The grounds for stopping a vehicle by an employee are:

• installed visually or fixed using technical means signs of violations of road safety requirements;
• availability of data (orientations, information from the duty officer, other squads, road users, visually recorded circumstances) indicating the involvement of the driver and passengers in the commission of a traffic accident, crime or administrative offense;
• availability of data (orientations, information from operational reference and search records, information from the duty officer, other squads, road users) about the use of the vehicle for illegal purposes or grounds to believe that it is wanted;
• the need to interview the driver or passengers about the circumstances of the commission of a traffic accident, administrative offense, crime of which they were or are eyewitnesses;
• the need to involve a road user as a witness;
• implementation of administrative and regulatory actions;
• the need to use a vehicle (paragraph 5 of clause 4 of this Administrative regulations);
• the need to involve the driver to assist other road users or police officers;
• carrying out on the basis of administrative acts of heads of internal affairs bodies, management bodies special events related to the inspection in accordance with the purposes of the relevant special measures of vehicles, persons moving in them and transported goods;
• verification of documents for the right to use and drive a vehicle, documents for the vehicle and the cargo being transported, as well as documents identifying the driver and passengers ().

82. Grounds for checking documents necessary to participate in road traffic, with the exception of documents for transported cargo, are identifying violations of traffic rules, orientation, instructions in accordance with the goals of special events, implementation control activities at a stationary traffic police post.

pay attention to last point Article 63 is precisely the basis on which your vehicle cannot be stopped by traffic police officers anywhere except at a stationary traffic police post. Moreover, in accordance with paragraph 67 of Order of the Ministry of Internal Affairs N 185, the traffic police officer must provide the reasons for stopping the vehicle:

67. Having stopped the vehicle, the employee must immediately approach the driver, introduce himself in accordance with the requirements of paragraph 20 of these Administrative Regulations, briefly state the reason for the stop, state the requirement for the transfer of documents necessary for verification or registration of the offense, when involving the driver or passenger as a witness or a witness - explain the rights and obligations, provided for by law Russian Federation(Articles 25.6, 25.7 of the Code)

But it also happens: I didn’t stop by accident (I really didn’t notice, I didn’t have time...). Or a dark forest, alone in a car and traffic police officers slow you down without any apparent reason to stop the vehicle. The driver, having read everything written above and decided that because... he didn’t break anything and there’s no reason to stop him. And in general, he already knows everything, he has learned 185 by heart. It's not that simple. I highly recommend not stopping at the request of a traffic police officer. Situations are different, and I constantly write that there is no need to enter into conflict with a police officer. This is the Regulation internal document The Ministry of Internal Affairs does not regulate the rights or obligations of drivers. But the traffic rules clearly state (clause 2.1.1) what documents the driver must have and present upon request of a police officer. In addition, there is a law “On the Police”. If you don’t stop, they will still “catch up” with you, and then you will have to explain for a very long time that you have not violated anything.

72. In cases of failure by the driver of the vehicle to comply with the employee’s request to stop; visual identification of signs of a crime, an administrative offense in the absence of the possibility of timely giving a signal to stop the vehicle; obtaining information about the commission of a crime or administrative offense by the driver of a vehicle from another squad of internal affairs officers or a road user; upon receipt of instructions from the duty officer or the head of the unit about the need to stop the vehicle, depending on the specific situation, the employee may take measures to: transfer information to the duty officer or other employees; (Order of the Ministry of Internal Affairs of March 2, 2009 N 185)

And they can stop it using special means down to the use of weapons:

to stop a vehicle whose driver has not complied with the police officer’s request to stop; (Article 21 “Police Law”)

Permission to use weapons for other purposes (Article 23, Part 3 “Police Law”):

To stop a vehicle by damaging it, if the person driving it refuses to comply with the repeated demands of a police officer to stop and tries to escape, creating a threat to the life and health of citizens;

Well, if the situation still seems suspicious and you decided not to stop, go to the nearest traffic police post and say that some unknown people tried to stop you and it seemed to you that they were not police officers. And don’t forget that a police officer has the right to use physical strength, special means and firearms (Art. 18 Police Law)

On the road, everyone decides for themselves whether to stop or not, quarrel with the inspector (essentially, trifle) or draw up a protocol, then appeal in a civilized manner against the actions of the inspector, if the traffic police officers had no reason to stop the vehicle.

A fairly common situation on the road: law abiding citizen travels in his own vehicle without violating traffic rules. Suddenly, traffic police officers stop him outside a stationary checkpoint and demand to show his documents. How legal is this and does it comply with the law? Let's try to figure it out.

We have already reviewed the site on our portal, which lists all the reasons why a traffic police inspector can stop cars passing by. Here is a short list of cases in which a stop and demand to present documents would be legal:

• detection of signs of violation of road safety requirements - that is, the driver violated one of the traffic rules;
• the inspector has an orientation or order to check the vehicles and their drivers for involvement in the crime illegal actions- a special operation “Interception” is being carried out and everyone who falls under the target is slowed down;
• an accident has occurred and the inspector stops vehicles to question drivers about the circumstances, or the need to involve witnesses;
• the inspector needs the help of a driver: transport victims of an accident, use a car to catch a criminal;
• carrying out various activities on the basis of administrative acts of higher authorities.

Paragraph 63 of the order clearly and clearly states that stopping a driver to check documents is possible only within stationary traffic police stations. As we see, traffic police officers do not have the right to check you just like that, without reason.

However, stoppages have already become commonplace. Employees of the State Traffic Inspectorate refer to the following laws and norms. First of all, to paragraph 2.1.1 of the traffic rules, which states that at the request of a traffic police officer, the driver is required to present a license and documents for the vehicle, as well as a compulsory motor liability insurance policy.

Secondly, there is Article 13, Clause 20 of the Federal Law “On the Police,” which states that inspectors, as well as representatives various services The Ministry of Internal Affairs has the right to stop cars in the following cases:

• to check documents for the right to use and drive a vehicle;
• to ensure safety on the roadway;
• if there are suspicions of possible violations.

Further in this the article goes a whole list of points. But one thing is clear that, having stopped you, the traffic cop can argue that he has some suspicions. For example, a young guy is sitting behind the wheel of an expensive jeep, and music is playing loudly in the cabin and a whole company is having fun. Or the law enforcement officer has questions about the cargo you are transporting in the trailer. In a word, you can come up with millions of reasons for suspicion.

Indeed, we see double standards. On the one hand, the reasons for stopping are strictly regulated in the order of the Ministry of Internal Affairs. On the other hand, the very wording of “suspicion” is rather vague. As they say, any of us can be suspected of anything.

Fortunately, Article 27 of the same Federal Law “On the Police” brings clarity. What does it say? Literally the following:

• A traffic police officer is obliged to adhere to the official (administrative) regulations of the traffic police.

Well, what about the requirements? of this regulation are listed in 185 Law of the Ministry of Internal Affairs, paragraph 63. That is, all the points that we listed above. Thus, if you are stopped without reason, you should refer to all these articles and subparagraphs.

On the other hand, there is a small innovation. In 2016, minor additions were made to Order No. 185. In particular, traffic police officers received the right to check documents outside of stationary traffic police stations and without special reasons, but on the condition that control is carried out in a company car with flashing lights on. Hidden patrol is prohibited - you can safely drive past if you see someone jumping out of the bushes and waving a striped stick at you.

It is clear that to a simple driver, hurrying about his business, has no time to delve into all these legal jungles. However, you should adhere to simple rules, if you are stopped for no reason:

• turn on the camera, voice recorder or video recorder to record the conversation;
• the inspector is obliged to show, without letting go of his hands, his ID, state his name and rank, and indicate the reason for the stop;
• if there were no reasons given, you can tell him that the actions were unlawful;
• in case of drawing up a protocol for allegedly refusing to comply legal requirements inspector, write in it that you were stopped without explanation/for no apparent reason.

Among other things, at your request, the inspector is obliged to provide you with all his data so that you can file a complaint against him with the prosecutor’s office and the Traffic Police Department. This is exactly what lawyers advise to do. Again, all this takes a lot of nerves and time, so if you don’t feel any guilt, just show your documents, record the process of communicating with the traffic cop on camera, and peacefully go on about your business.

We are talking about subclause 84.13 of the Administrative Regulations of the Ministry of Internal Affairs for the supervision of road traffic. The fact is that the previous regulations, in force since 2009, allowed checking drivers’ documents only at stationary traffic police posts. This was done for several reasons. Firstly, there were scammers on the roads who, dressed in police uniform, stopped cars for personal needs. Secondly, the inspectors did not have tablets or other gadgets with which they could check documents. Therefore, they could only be checked at a stationary post.

But times have changed, there are fewer bandits in uniform, technology has simplified the work of inspectors on the road, and the stationary posts themselves are becoming a thing of the past. It is more effective to identify violators on the road than at a stationary post. Therefore, in the new regulations, in force since October 2017, inspectors are allowed to stop cars to check documents outside stationary posts.

However, a certain K. Rudakov decided to challenge this norm. He contacted Supreme Court with a requirement to invalidate subclause 84.13 of the Administrative Regulations. In his opinion, it contradicts constitutional principle the inadmissibility of arbitrary restrictions on the rights and freedoms of man and citizen and violates his right to participate in road traffic without imposing unreasonable restrictions on the part of the authorities.

Identifying violators is much more effective 
 on road than at a stationary traffic police post

Rudakov also believes that stopping a driver outside of stationary posts can lead to abuse by State Traffic Inspectorate inspectors. It carries a significant threat of a corruption component in their actions, since any control over their compliance legal grounds for stopping vehicles is not established by the Administrative Regulations. In addition, stopping cars to check documents can lead to further violations of the Traffic Rules and an increase in accidents, since the driver compensates for the time spent stopping and communicating with the inspector by increasing speed, Rudakov indicated in his statement.

The plaintiff also believes that stopping a car to check documents is the same as detaining citizens.

The Supreme Court, having examined the claim, as well as the arguments of representatives of the Ministry of Internal Affairs and the Ministry of Justice, indicated that the Administrative Regulations had been approved authorized body and does not contradict the normative legal acts, having a large legal force. Namely, the Laws “On Road Traffic Safety” and “On the Police”.

In accordance with paragraph 20 of part 1 of article 13 Federal Law"About the police" employees of this department have the right to stop cars if this is necessary to fulfill their duties to ensure road safety. And also check documents for the right to use and manage them, documents for vehicles and transported goods, and the availability of a compulsory motor liability insurance policy.

Traffic rules give traffic controllers, which include police officers, the right to stop cars using appropriate signals, but do not define special places to stop. They only provide General requirements to a stop and places where it is prohibited. Therefore, the plaintiff’s arguments about checking documents exclusively at a stationary post are not based on the rules of law, and therefore are untenable, the Supreme Court considered.

The Supreme Court also indicated that stopping to check documents in no way relates to the procedure administrative detention, as a measure of ensuring the proceedings in the case.

Stopping to check documents has nothing to do with administrative detention

Rudakov's argument that the contested subparagraph contradicts paragraph 106 of the Administrative Regulations was also rejected by the Supreme Court. He recalled that a contested normative act may be declared invalid if it does not comply otherwise normative act, having great legal force. Here, both provisions are different parts of the same document and have equal legal force.

As for control over inspectors, Articles 49-53 of the Law “On Police” establish state, departmental and public control, judicial control and supervision, as well as prosecutorial supervision.

The Supreme Court decided that under the stated circumstances, subclause 84.13 of the Administrative Regulations in the contested part corresponds to regulatory legal acts that have greater legal force and does not violate the rights of the plaintiff. Inspectors can stop cars to check documents anywhere.