The concept of "driving a vehicle". Legal grounds for driving a vehicle The concept of a vehicle driver in legislation

Indeed, the concept of driving a vehicle is not defined, and is left to the discretion of the court.

But there is the practice of the Supreme Court of the Russian Federation (bulletin of the Supreme Court of the Russian Federation No. 5 for 1999), where, when reviewing the case of Belousov, convicted under Art. 264 of the Criminal Code of the Russian Federation, the concept of managing a vehicle was associated with the commission vehicle maneuver.

Which of course can be used in practice.

CRIMINAL LIABILITY UNDER ART. 264 of the Criminal Code of the Russian Federation
DRIVING A VEHICLE AND ALLOWING THE VIOLATION OF THE RULES OF THE ROAD
TRAFFIC OR OPERATION OF VEHICLES
RESOLUTION
COURTS OF REGIONS, TERRITORIES
August 14, 1998
(BVSR 99-5)
(Extract)
The Kungur City Court of the Perm Region convicted Belousov of
Part 2 Art. 264 of the Criminal Code of the Russian Federation.
He was found guilty of the fact that on December 12, 1996 in the village.
Komsomolsky Kungursky district, without a driver's license,
while driving a GAZ-53 car, he violated the requirements of paragraph 1 of Art.
8.12 of the Rules of the Road, as a result of which he caused fatal
damage to Blokhin and light bodily injuries with disorder
health Ashrafzyanov.
The verdict was not appealed on appeal.
The Deputy Chairman of the Supreme Court of the Russian Federation protested
the question of changing the sentence due to misapplication
criminal law.
Presidium of the Perm Regional Court August 14, 1998 protest
satisfied, stating the following.
As can be seen from the testimony of Belousov, he and Ashrafzyanov, as
passengers were traveling in a GAZ-53 car driven by the driver Blokhin.
In the village Komsomolsky Blokhin drove up to the cafe door in reverse
"Vityaz" and together with Ashrafzyanov left the cabin to unload the goods,
and he (Belousov) remained in the cab of the car. It was cold and he
Belousov, being near the driver's seat, at the request of Blokhin
turned the ignition key to warm up the car without checking
the gearshift lever is in the neutral position, or
the car is on the handbrake. When turning the ignition key
the car jerked sharply and drove back, pressing its back against the wall
Blokhin and Ashrafzyanov.
Behind the wheel, as Belousov showed, he did not sit down, no maneuver
or did not drive the vehicle.
These testimonies are confirmed by the protocol of inspection of the scene,
an act of investigation of the incident, as well as the testimony of the victim
Ashrafzyanov.
The case against Blokhin was dismissed on the basis of paragraph 8 of Art. 5 Code of Criminal Procedure
RSFSR in connection with his death.
Thus, from the totality of the collected evidence in the case
it follows that Belousov did not drive the car.
According to part 2 of Art. 264 of the Criminal Code of the Russian Federation subject to criminal liability
a person who drives a car and violates the rules of the road
movement or operation of vehicles.
By turning the key in the car ignition, Belousov
did not foresee the possibility of socially dangerous consequences
their actions, although with the necessary care and
foresight should have foreseen these consequences, i.e.
showed negligence, which caused the death of Blokhin and lungs
bodily injuries to Ashchrafzyanov.
With this in mind, Belousov’s actions are subject to retraining from Part 1 of Art.
2 tbsp. 264 of the Criminal Code of the Russian Federation for part 1 of Art. 109 of the Criminal Code of the Russian Federation (providing
responsibility for causing death by negligence), sanction
which is less strict than the sanction h. 2 Article. 264 of the Criminal Code of the Russian Federation.

Is the order of driving. In this case, the perpetrator violates not only Art. 25-28 and other norms of the Law on Road Safety, but also the SDA and other legal acts in the field of road traffic (see comments to Article 12.1).

2. The objective side of the administrative offense provided for in:

1) Part 1 of Art. 12.7 is that the perpetrator actually drives the vehicle, despite the fact that he does not have a license to do so. This is possible in cases where a person:

a) never had a driving license at all;

b) has the right to drive a vehicle, but of a different category (for example, he drives a KAMAZ truck, while he had the right to drive only a car).

The composition of this administrative offense is absent if a person drives a vehicle during a training ride (see also comments on this to Article 12.22);

2) Part 2 of Art. 12.7 consists in the fact that the perpetrator drives the vehicle, despite the fact that he was deprived of the right to do so in the manner of administrative responsibility. Even if he presents another driver's license (unfortunately, some citizens manage to have several such documents), his actions are covered by Part 2 of Art. 12.7. The Supreme Court explained (in paragraph 6 of Article No. 18) applying the rules of parts 1 and 2 of Art. 12.7, it must be borne in mind that the actions of drivers who do not have the right to drive a vehicle and who drove them (before 01.01.08 - A.G.) in a state of intoxication are not subject to additional qualification under Art. 12.8 or 12.26, since the provisions of these Art. 12.8 and 12.26 punishment in the form of deprivation of the right to drive the vehicle. However, this clarification should be applied taking into account the new editions of Art. 12.8 and 12.26 (effective from 01.01.08). Therefore, the actions of drivers deprived of the right to drive a vehicle and driving a vehicle in a state of intoxication, committed by them after 01/01/08, should be qualified based on the new editions of Art. 12.8 and 12.26 (see commentary on them). In paragraph 9 of the Review dated 07.03.07, the Supreme Court drew attention to the fact that in the case of driving a vehicle by a person who is in a state of intoxication and deprived of the right to drive a vehicle, there are two separate offenses under Art. 12.8 and part 2 of Art. 12.7. Therefore, the actions of such a person should be qualified under the above articles. At the same time, a protocol on an administrative offense in relation to such a person is drawn up separately for each offense committed by him. Consideration of cases of an administrative offense provided for in Art. 12.8, referred to the competence of the judge, and part 2 of Art. 12.7 - to the competence of an official of the internal affairs bodies (until 01.01.08 - A.G.).

3) Part 3 of Art. 12.7 consists in the fact that the perpetrator transfers the control of the vehicle to the person:

(a) Knowingly not authorized to drive (for example, he knows that his brother does not have a driver's license, but hands over the keys to his vehicle and allows him to drive);

b) deprived of such a right, of which the perpetrator is aware.

However, if he transfers control of the vehicle to the student, the objective side of the administrative offense provided for in Art. 12.7 is missing.

These offenses are considered completed from the moment any of the above actions is committed.

Applying Art. 12.7 after 01.01.08 the following clarifications of the aircraft should be taken into account:

A person in respect of whom there are sufficient grounds that he is in a state of intoxication, as well as persons who have committed administrative offenses under Parts 1 and 2 of Art. 12.7 - are subject to suspension from driving the vehicle in the presence of 2 witnesses about which a protocol of the established form is drawn up (clause 10 of the Review of 05.12.08);

When a driver who does not have the right to drive a vehicle (or is deprived of such a right) commits other offenses provided for in Chapter 12 of the Code of Administrative Offenses, his actions should be qualified under Part 1 or 2 of Art. 12.7 and the relevant articles of chapter 12. However, if the specified person drove the vehicle while intoxicated or did not comply with the lawful requirement of a police officer to undergo a medical examination, their actions are subject to qualification, respectively, under Part 3 of Art. 12.8 or part 2 of Art. 12.26. Taking into account the fact that drivers who do not have the right to drive a vehicle cannot be punished in the form of deprivation of the right to drive a vehicle, their actions are subject to qualification only under Part 1 of Art. 12.7 and if they commit administrative offenses, establishing as the only main punishment deprivation of the right to drive the vehicle (for example, part 4 of article 12.2, parts 3-6 of article 12.5, part 3 of article 12.10, part 4 of article 12.15 , part 3, article 12.27) (clause 6 of Decree No. 18);

When conscripted military personnel commit offenses under Part 2 of Art. 12.7 and part 3 of Art. 12.8, the court has no right either to impose the punishments provided for by their sanctions (arrest or a fine) or to replace the punishment with another, milder one. The court must issue a ruling on the transfer of the case to the commander of the unit, for the application of other measures of influence in accordance with the legislation of the Russian Federation. At the same time, disciplinary liability should be applied not for an administrative offense, but on the grounds and in the manner prescribed by the Disciplinary Charter of the Armed Forces of the Russian Federation (paragraph 11 of the Review of 05/28/08);

In the case of driving a car by a person who is in a state of intoxication and deprived of the right to drive a vehicle, there are 2 independent offenses provided for in Art. 12.8 and part 2 of Art. 12.7. At the same time, a protocol on an administrative offense is drawn up separately for each offense. Consideration of cases of an administrative offense under Art. 12.8, referred to the competence of the judge, and part 2 of Art. 12.7 - to the competence of the official militia (Law N 210 of 24.07.07), then new fines that have increased many times over are subject to application. In addition, after 01.01.08, for driving a vehicle by a person already deprived of the right to drive a vehicle, the judge imposes such a punishment as an administrative arrest for up to 15 days (and a person who cannot be arrested (for example, a pregnant woman) the judge imposes an administrative fine in the amount of 5000 rubles).

N 196-FZ “On Amending the Code of the Russian Federation on Administrative Offenses and Article 28 of the Federal Law “On Road Safety”. There is currently no such order. At the same time, Art. 32.6 of the Code of Administrative Offenses of the Russian Federation establishes the procedure for the execution of a decision on the deprivation of a special right. This article determines that after the expiration of the period of deprivation of a special right for committing administrative offenses under Art. 9.3 and Chapter 12 of the Code of Administrative Offenses of the Russian Federation, a driver's license or a tractor driver's (tractor driver's) license confiscated from a person subjected to this type of administrative punishment is returned after checking his knowledge of the Rules of the Road.

From November 24, 2012, you can drive someone else's car without a power of attorney

of the Criminal Code of the Russian Federation, the specified additional punishment may be imposed both on a person who, in accordance with the procedure established by law, was issued an appropriate certificate, and on a person who drove a car or other vehicle without an appropriate permit. Also, the deprivation of a special right in the form of the right to drive a vehicle is provided for by the following norms of the Code of Administrative Offenses of the Russian Federation: - Art.

9.3 “Violation of the rules or norms for the operation of tractors, self-propelled, road-building and other machines and equipment”; - part 1.1 of Art. 12.1 “Driving a vehicle that is not duly registered, a vehicle that has not passed the state technical inspection or technical inspection”; - part 2, 4 tbsp. 12.2 “Driving a vehicle in violation of the rules for installing state registration marks on it”; - part 3, 4, 5, 6 of Art.

The concept of "driving a vehicle"

These are witnesses who must be present in the process of drawing up such a document as a protocol on suspension from driving a vehicle, with the obligatory indication of the place, date and time of detention of the driving driver, as well as the personal data of the employee himself and the reason for the suspension. Upon completion of the preparation of the document, the protocol must be signed by the traffic police officer and the detained driver.

Info

It is worth noting that the driver has the right to refuse to sign the document, then in place of the signature there will be a special mark confirming the refusal. As an additional document, the result of a medical examination is attached to the completed protocol.

Traffic police inspectors try to do their job as quickly as possible, trying to leave one violator of the law and move on to another.

6.3. documents required to drive a vehicle

This current provision of the OSAGO law directly allows the new owner to drive a car if he is not included in the OSAGO policy, but not more than ten days. According to the Supreme Court of the Russian Federation, the driver of the car received from the owner of the vehicle the right to use the car free of charge.
Accordingly, if the right to use a car arises for any reason, the driver is obliged to purchase an OSAGO policy within 10 days from the moment this right arises to drive a car in accordance with the Civil Code of the Russian Federation. As follows from the case file, the driver's ten-day period has not expired.
Accordingly, the traffic police did not have the right to impose a fine. If the driver who received the car for use was stopped by the traffic police after 10 days, then administrative responsibility could be imposed on him by traffic police officers.

The procedure for suspension from driving

Failure to provide an advantage in movement to a route vehicle or a vehicle with special light and sound signals switched on”; - part 1, 2 tbsp. 12.21.1 “Violation of the rules for the transportation of bulky and heavy cargo”; - part 1 of Art. 12.21.2 Violation of the rules for the transport of dangerous goods”; - part 1, 2 tbsp. 12.24 “Violation of the Rules of the Road or the rules of operation of the vehicle, which caused minor or moderate harm to the health of the victim”; - part 1 of Art. 12.26 “Failure by the driver of the vehicle of the requirement to undergo a medical examination for intoxication”; - part 2, 3 tbsp. 12.27 “Failure to perform duties in connection with a traffic accident”.

How can you drive without OSAGO

The term for registering a car with the traffic police will be 10 days. In accordance with the Decree, the period during which it is necessary to register vehicles (including trailers) with the traffic police after their purchase or customs clearance is extended. Now this period will be 10 days. Recall that until now, vehicles (including trailers) had to be registered with the traffic police within 5 days.

Attention

This innovation is due to the need to bring the registration period for the vehicle, specified in Decree of the Government of the Russian Federation N 938, in accordance with the period allotted for issuing an OSAGO policy, established by the OSAGO Law. So far, there has been some inconsistency on this issue.

The fact is that on the basis of paragraph 2 of Art.

Legal grounds for driving

of the Code of Administrative Offenses of the Russian Federation, the execution of a decision on deprivation of the right to drive a vehicle of the corresponding type is carried out by withdrawing, respectively, a driver’s license, a tractor driver’s (tractor driver’s) certificate.

1. Paragraph 2 of the commented article establishes that the types of offenses entailing, as a measure of responsibility, the deprivation of the right to drive vehicles or the restriction of such a right can only be established by federal law.

Thus, the deprivation of the right to drive a vehicle as a punishment is provided for by the sanctions of Art. 264 of the Criminal Code of the Russian Federation, which provides for criminal liability for violation of the rules of the road and the operation of vehicles.

Legal grounds for driving

Modern legislation allows you to transfer the keys to the ignition to the traffic police officer and allow him to check everything that he may not like. As practice has shown, few people use this rule, since few people have a desire to build a proud bird out of themselves, but control the actions of traffic police officers.

Many are aware of their illegal actions, up to special fraudulent actions. It is for this reason that it is so important to know how a suspension works.

The procedure for suspension from driving a car Employees of the traffic police and other similar law enforcement agencies have the full right to take certain measures regarding the driver, his removal from the subsequent driving of a car. The general sequence of actions is constructed in such a way that the presence of two witnesses is indispensable.

The procedure for checking the level of alcohol intoxication can delay the procedure for suspension from driving, since a special measuring device is not always available. In this case, the driver is quickly taken to the nearest checkpoint, where all the required equipment is present.

This raises the problem that the inspection is carried out at the post, and the car remains at the place of detention. This is the wrong situation! The inspector must initially carry out the removal procedure without examination, and do this in front of attesting witnesses. First, a protocol is drawn up, and then it is allowed to leave the stopping place. Many specialists do not comply with these requirements and rules, relying on the elementary lack of knowledge of standard drivers.

Legal grounds for driving

Code of Administrative Offenses of the Russian Federation “Driving a vehicle by a driver who is in a state of intoxication, transferring control of a vehicle to a person who is in a state of intoxication”; - part 1 of Art. 12.26 of the Code of Administrative Offenses of the Russian Federation “Failure by the driver of a vehicle to comply with the requirement to undergo a medical examination for intoxication”; - part 3 of Art. 12.27 of the Code of Administrative Offenses of the Russian Federation “Failure to fulfill obligations in connection with a traffic accident”. According to Art. 3.8 of the Code of Administrative Offenses of the Russian Federation, the deprivation of an individual who has committed an administrative offense of a special right previously granted to him is established for gross or systematic violation of the procedure for using this right in cases provided for by the articles of the Special Part of the Code of Administrative Offenses of the Russian Federation.

The period of deprivation of a special right may not be less than one month and more than three years. In accordance with Part 1 of Art.

Along with the suspension procedure, attention should be paid to the preparation of an official protocol for a similar referral and a document that is a referral for an official medical examination. The document must contain the following information:

• time of detention;
• a place on the highway or on the street of the settlement;
• the main reason for the removal and referral of a person to a polyclinic for an examination;
• personal data and position of the traffic police officer who drew up the protocol;
• information about the vehicle itself, in respect of which security measures were applied in the case of a recorded administrative violation.

To make sure that the document is compiled correctly, you can always check it with a sample presented on any thematic site or forum.

16.11.2013, 17:30

I welcome everyone!

Dear Colleagues!

Thank you.

16.11.2013, 22:21

Do any of you have any practice of the Armed Forces or at least some kind of regional supervision (best of all, near Moscow), where the above thought (or similar in meaning) would be expressed? That is, the book edited by Serkov is no longer quoted? Here it is, derogation of authority. :)

16.11.2013, 22:31

That is, the book edited by Serkov is no longer quoted? Here it is, derogation of authority. :)
It is problematic to attach an edited book to a complaint. Especially if you don't have one... :)

16.11.2013, 23:31

It is problematic to attach an edited book to a complaint. Especially if you don't have it... :) And so?

16.11.2013, 23:38

And so?
Need to be sure. And then the court will write. that uncertified sheets, as evidence, are not accepted. I had such a case in practice, now I assure everything.

16.11.2013, 23:55

:) Thank you, colleagues.

17.11.2013, 00:04

It is necessary to assure ... Yes, yes, it is necessary to assure. Signature of the author and seal of the Supreme Court.
I wonder who and how will certify the authenticity of the text of the book? With the modern development of printing?

Sergey A. Lyalikov

17.11.2013, 00:17

I wonder who and how will certify the authenticity of the text of the book?

"Documents are recognized as evidence if the information stated or certified in them by organizations, their associations, officials and citizens is relevant for the proceedings on an administrative offense."

According to the method of Yuri Gonorarovich, the assurance takes place as follows: directly on the document, he writes - "I certify. Serenkov Y.I. Signature. Date."

17.11.2013, 01:17

Colleagues, thank you for the pages of the book. :) However, is there still practice?..

17.11.2013, 11:03

"Driving a vehicle means the performance of technical actions related to setting the vehicle in motion, starting off, the process of the movement itself up to a stop, in accordance with the purpose and technical capabilities of the vehicle."
Strange definition.
IMHO. Driving a car at a traffic light does not stop. Management is from intentional to deliberate stopping. And the word "deliberate" is omitted here.

18.11.2013, 13:57

When comparing Art. 12.8 of the Code of Administrative Offenses and clause 2.7 of the SDA, you can see that the driver is prohibited from driving while intoxicated, but at the same time, clause 1.2 states that the driver is the person who drives the vehicle. Since the prohibition is addressed to the driver and it is clear that this prohibition can be carried out, while maintaining the status of "driver" in a person, it is possible to weigh the concept of "management" with the help of the Civil Code of the Russian Federation. There, in st. 1079 refers to activities that are associated with the use of sources of increased danger to others (use of vehicles ...), without mentioning management. Therefore, control options are possible, in which both points of the rule do not contradict each other, the driver remains as such and no ALP occurs. This control option is buried in the definition of "traffic", which says "... moving people and goods with the help of a vehicle ...", that is, a drunk driver is forbidden to move the vehicle using the controls. By fulfilling this prohibition, he can control the vehicle to the extent that the vehicle does not move. When moving, traffic occurs, in which the driver should not take part in a state of intoxication. Based on Art. 2.1 we can draw two conclusions about the presence of APN. There is either an APN, and we are talking about inactivity, or the absence of an APN, since there is no action. Based on the fact that traffic rules involve the commission of many actions, we can conclude that there is no APN in this case, and it is better to resolve doubts in accordance with Part 4 of Art. 1.5.

Threat By the way, chapter 12 itself is devoted to offenses in the field of traffic, and not in its vicinity :)

18.11.2013, 15:01

I welcome everyone!

"Driving a vehicle means the performance of technical actions related to setting the vehicle in motion, starting off, the process of the movement itself up to a stop, in accordance with the purpose and technical capabilities of the vehicle."

Dear Colleagues!
Do any of you have any practice of the Armed Forces, or at least some kind of regional supervision (best of all, near Moscow), where the above thought (or similar in meaning) would be expressed?
I would be grateful for the document or for a link to it.

Thank you.
Why don't you just use the search?
Type in google

"Driving means" site:sudrf.ru
will give, for example,
http://oblsud.orl.sudrf.ru/modules.php?name=docum_sud&id=182

19.11.2013, 18:26

Colleagues, thank you!

Ravil!
:D And why did you pay so much attention to the state of intoxication? Does the association "Ilya -" booze "" reflexively arise?
Not. Not always. :) Specifically, this question arose during my reflections on the case provided for by Part 2 of Art. 12.27 Administrative Code of the Russian Federation.

The position appears next.
... Based on the provisions of Art. 26.1 of the Code of Administrative Offenses of the Russian Federation, the very existence of an event of an administrative offense is subject to clarification, among other things.
As seen from the subject of the appeal, Xxx was found guilty of an administrative offense under Part 2 of Art. 12.27 of the Code of Administrative Offenses of the Russian Federation, due to the fact that he ... was born in 2013 in a car ... r.z.: ... drove up to the village ... along the street. ... in the city of ..., left the driver's seat in the car without taking the necessary measures to prevent the spontaneous movement of the vehicle, as a result of which his car rolled and hit the car ... m.r.z.: .. ., after which Xxx, realizing that a collision had occurred, in violation of clause 2.5 of the traffic rules of the Russian Federation, left the scene of an accident, in which he was a participant, according to the judge.
The objective side of the composition of the offense in question is expressed in the form of the driver leaving the scene of an accident, in violation of the Rules of the Road, in which he was a participant.
Accordingly, only the driver can be the subject of this offense, that is, by virtue of clause 1.2 of the SDA of the Russian Federation, a person driving a vehicle.
Under the control of a vehicle is understood the performance of technical actions related to setting the vehicle in motion, starting from a place, the process of the movement itself up to a stop, in accordance with the purpose and technical capabilities of the vehicle.
Thus, the subject of the analyzed offense can only be a person performing technical actions related to setting the vehicle in motion, as well as with the process of the vehicle movement itself.

Under the circumstances under consideration, Xxx could bear civil liability as the owner of a source of increased danger, in accordance with Art. 1079 of the Civil Code of the Russian Federation. The administrative responsibility provided for by Part 2 of Art. 12.27 of the Code of Administrative Offenses of the Russian Federation, he cannot bear, because following the norms of the administrative legislation of the Russian Federation and the norms of the Rules of the Road of the Russian Federation, he is not the subject of this administrative offense, for the above reasons ...

19.11.2013, 18:55

he... 2013 in a car... r.z.: ... drove up to the village ... along the street. ... in the city of ..., left the driver's seat in the car without taking the necessary measures to prevent the spontaneous movement of the vehicle, as a result of which his car rolled and hit the car ... m.r.z.: .. ., after which Xxx, realizing that a collision had occurred, in violation of clause 2.5 of the traffic rules of the Russian Federation, left the scene of an accident, in which he was a participant, according to the judge.
.......
In this case, Xxx is not the subject of this offense, since at the time of the collision of vehicles he was no longer driving any vehicle, since, as it was established by the judge, he left the driver's seat, and his car collided with another car spontaneously, which also established by the judge. Accordingly, the requirements of clause 2.5 of the SDA of the Russian Federation did not apply to Xxx, the violation of the requirements of which he is charged with.

In this position, it seems slippery to me that the accident is in the PSS in violation of the requirements of clause 12.8 of the SDA at the moment when he was still a driver. Don't find?

19.11.2013, 19:06

I find. But at a time when the driver did not comply with the requirements of clause 12.8 of the SDA, there was no accident itself. It happened later - at a time when no one was driving the car. Is it possible under such circumstances to consider LVOK a driver who participated in an accident. I doubt. However, I would not be too surprised if the second instance considers the above position untenable.

20.11.2013, 07:40

For me, management is participation in traffic, and as a result, the fulfillment of all the duties assigned to traffic rules.

Then the control begins with fastening the seat belt and turning on the headlights even if the engine is turned off.
It ends with a deliberate cessation of movement after fulfilling the requirement to exclude spontaneous movement and theft. Paragraph 12.8 itself says that it is the driver who leaves the car. Those. even in a stationary car, the driver remains so until he not only gets out of it, but does not “leave the vehicle” at all. If the obligations related to the DD are not fulfilled, then the driver has not excluded himself and his vehicle from the DD and the control has not been stopped even in the absence of the driver near the car.

In the event of stopping at a place where intentional stopping is prohibited, such as under the "no stopping" sign, the duties related to the DD are also not fulfilled, and driving is also not terminated.

This is solely from the point of view of traffic rules.

If we are talking about the Russian language, then there can be no control without movement, but as I wrote above, stopping at a red traffic light means then the end of control, but does not mean the end of participation in DD.

20.11.2013, 11:47

The driver has committed a continuing violation, which looks like leaving the vehicle in a state that does not exclude spontaneous movement. As a result of such inaction, material damage was inflicted, which should not qualify under the definition of "accident" in the form in which it is provided for by the traffic rules, but is provided for in the variant form in OSAGO (it is chewed there that accidents are all kinds of damage between vehicles arising in different places under different circumstances). Since there was no driver at the place of damage, he could not leave this place.
As for 12.8, this is the first thing that came to mind. I remember that many drivers are caught drinking in the yards. A direct question was asked, as a result of which the brains turned on and worked out the information in a certain direction. Before, I didn’t care if a parked car was driven by a person sitting in it, but now there is an informed opinion, which I shared.

20.11.2013, 12:15

This control option is buried in the definition of "traffic", which says "... moving people and goods with the help of a vehicle ...", that is, a drunk driver is forbidden to move the vehicle using the controls. By fulfilling this prohibition, he can control the vehicle to the extent that the vehicle does not move.
Inspired by:
"2. Let's start with the Rules of the Road, clause 1.2.
road user - a person who is directly involved in the process of road traffic as a driver of a vehicle, a pedestrian, a passenger of a vehicle;
road traffic - a set of social relations that arise in the process of moving people and goods with or without vehicles within roads.
Conclusion. Since not only is there no “movement process”, but there is also no need to move, a person driving a car parked in a parking lot, even with the engine running, is not a driver.

If you have excluded your vehicle from the DD, then there can be no question of any participation in the DD! And the Volga flows into the Caspian Sea! Why exclaim the obvious? If the vehicle burned to the ground, then it does not participate in the DD. Agree!

But what is participation in DD? I'm sitting in the vehicle, which is on the FC. I am reading a newspaper. I am drinking beer. I fornicate. On the road! Is this participation in DD? Source? What if the engine is on? And if on a slope with the foot brake pressed? And when the boys and I are pushing a car in which no one is sitting? And when he sits, but the engine does not work?

That's what I mean, it's not that simple.

21.11.2013, 16:32

I remember that the user's grandfather had a case when he was handling luggage, and a gust of wind opened the car door and damaged the neighboring car. The traffic police issued an accident, the victim received OSAGO. And then the court canceled this nonsense about violation of the rules of stopping and parking ...
Not a court, but the head of the DL.

Manuscript

22.12.2015, 08:58

Then the control begins with fastening the seat belt and turning on the headlights even if the engine is turned off.
It ends with a deliberate cessation of movement after fulfilling the requirement to exclude spontaneous movement and theft. Paragraph 12.8 itself says that it is the driver who leaves the car. Those. even in a stationary car, the driver remains so until he not only gets out of it, but does not “leave the vehicle” at all. If the obligations associated with the DD are not fulfilled, then the driver has not excluded himself and his vehicle from the DD and the control has not been stopped even in the absence of the driver next to the car

What will you do when a drunk driver pushes his car and you get an accident?
It seems to me that a clarification should be introduced, no matter how trite it may sound, but it will probably be more accurate. Management of the main controls of the vehicle and indicate these main organs or at least one of them, because It is not necessary to start or have an engine (for example, a trailer) to prevent a collision

What is driving an unregistered vehicle?

In accordance with paragraph 3 of Art. 15 of the Federal Law of December 10, 1995 N 196-FZ "On Road Safety", the admission of vehicles intended for participation in road traffic on the territory of the Russian Federation is carried out by registering vehicles and issuing relevant documents. Registration of a vehicle without a document certifying its compliance with the established traffic safety requirements is prohibited.

Registration of vehicles owned by legal entities or individuals, changes in registration data associated with the replacement of licensed units of vehicles are carried out on the basis of passports of the relevant vehicles, as well as contracts or other documents concluded in the prescribed manner, certifying the ownership of vehicles and confirming the possibility allowing them to operate on the territory of the Russian Federation (clause 4 of Decree of the Government of the Russian Federation N 938).

Owners of vehicles or persons who, on behalf of the owners, own, use or legally dispose of vehicles are obliged to register them in the prescribed manner or change the registration data in the State Inspectorate:

a) within 10 days after the acquisition, customs clearance, deregistration of the car, replacement of licensed units or the occurrence of other circumstances that required a change in registration data;

b) during the period of validity of the registration plate "Transit".

If a citizen purchases a car that was previously registered to another person, it is not registration that occurs, but a change in the registration data on the owner of the vehicle Registration data on the owner in the event of the purchase of an already registered car are changed based on the application of the new owner (clause 6 of the Rules for the Registration of Motor Vehicles and trailers for them in the State Road Safety Inspectorate of the Ministry of Internal Affairs of the Russian Federation, approved by Order of the Ministry of Internal Affairs of Russia dated November 24, 2008 N 1001).

Driving a vehicle that is not duly registered, a vehicle that has not passed a state technical inspection or technical inspection entails administrative liability in accordance with Art. 12.1 of the Code of Administrative Offenses of the Russian Federation.

Under the vehicle for the purposes of applying measures of administrative responsibility in accordance with Chapter 12 of the Code of Administrative Offenses of the Russian Federation (administrative offenses in the field of road traffic) is understood:

a) a motor vehicle with a working volume of an internal combustion engine of more than 50 cubic centimeters or a maximum electric motor power of more than 4 kilowatts and a maximum design speed of more than 50 kilometers per hour, as well as trailers for it, subject to state registration;

b) as well as tractors, self-propelled road-building and other self-propelled vehicles, vehicles for which a special right is granted in accordance with the legislation of the Russian Federation on road safety.

In accordance with Art. 12.1 of the Code of Administrative Offenses of the Russian Federation:

a) driving a vehicle that is not registered in accordance with the established procedure shall entail the imposition of an administrative fine in the amount of 500 to 800 rubles;

b) repeated commission of the above administrative offense shall entail the imposition of an administrative fine in the amount of five thousand rubles or deprivation of the right to drive vehicles for a period of 1 to 3 months.

What sanctions will be applied to the new owner of the car if he has exceeded the 10-day period allotted for registering the car after purchase, provided that the previous owner stopped registering the vehicle?

If the new owner of the car is stopped on the road by a traffic police inspector, then he will be held administratively liable under Part 1 of Art. 12.1 of the Code of Administrative Offenses of the Russian Federation for driving a vehicle that is not duly registered. Responsibility for this violation is provided in the form of a fine in the amount of 500 to 800 rubles. At the same time, state registration plates and a car registration certificate will be confiscated from him. At the same time, he will not be able to continue driving without registration plates. It will be necessary to deliver the car to the traffic police department for registration.