The theory of everything. Theory of everything Article 12 5 h 1

RF Code of Administrative Offenses:

Article 12.5 of the Administrative Code of the Russian Federation. Driving a vehicle in the presence of malfunctions or conditions under which the operation of vehicles is prohibited, or a vehicle on which the identification mark "Disabled" is illegally installed

Clause 55 of the Review of judicial practice of the Supreme Court of the Russian Federation N 4 (2018), approved by the Presidium of the Supreme Court of the Russian Federation on December 26, 2018, contains the following clarifications (extract):

Responsibility for Part 6 of Art. 12.5 of the Code of Administrative Offenses of the Russian Federation for driving a vehicle on which similar special color schemes of vehicles of operational services

"A person driving a vehicle, on the outer surfaces of which special color schemes are applied, similar to the degree of confusion with the color schemes of vehicles of operational services, is subject to administrative liability under Part 6 of Article 12.5 of the Code of Administrative Offenses of the Russian Federation.

By the decision of the magistrate, left unchanged by the decision of the judge of the district court and the decision of the deputy chairman of the city court, G. was found guilty of committing an administrative offense provided for in part 6 of Article 12.5 of the Administrative Code of the Russian Federation, which establishes administrative responsibility for driving a vehicle on the outer surfaces of which special color schemes of cars of operational services, and will be subject to administrative punishment.

At the same time, from the materials of the case, it was seen that G. was driving a car painted in bright yellow (lemon) color, on the surface of which red stripes were applied with a white inscription "Metro emergency service", which indicates the presence of special color schemes on the car , similar to the degree of confusion with the color schemes of ambulance vehicles.

The objective side of the administrative offense provided for in Part 6 of Article 12.5 of the Administrative Code of the Russian Federation is in violation of the requirements of paragraph 11 of the Basic Provisions for the Admission of Vehicles to Operation and the duties of officials to ensure road safety, approved by the decree of the Council of Ministers - the Government of the Russian Federation of October 23, 1993 g. N 1090 (hereinafter - Basic Provisions).

According to clause 11 of the Basic Provisions and clause 7.8 of the List of Faults and Conditions under which the Operation of Vehicles (Appendix to the Basic Provisions) is prohibited, the operation of vehicles with special color schemes, inscriptions and designations applied to the outer surfaces that do not meet the state standards of the Russian Federation is prohibited.

... When qualifying the driver's actions in accordance with Part 6 of Article 12.5 of the Administrative Offenses Code of the Russian Federation, it is sufficient to conclude that it is illegal to apply special color schemes to a car if several elements listed in GOST and Technical Regulations on the safety of wheeled vehicles are present.

The courts, after examining the factual circumstances of the case, made the correct conclusion that the color schemes applied on the car, taking into account the compositional relationship of the existing elements, are similar to the degree of confusion with the color schemes of the operational services vehicles.

In connection with the above, the judge of the Supreme Court of the Russian Federation confirmed the validity of the conclusions of the judges of lower courts about the presence in G.'s actions of an administrative offense provided for in Part 6 of Article 12.5 of the Code of Administrative Offenses of the Russian Federation. "

Driving a vehicle in the presence of malfunctions or conditions under which, in accordance with the Basic Provisions for the Admission of Vehicles to Operation and the obligations of road safety officials, the operation of a vehicle is prohibited, with the exception of malfunctions and conditions specified in parts 2-7 of this article , -

entails

WARNING

or the imposition of an administrative fine in the amount of

500 rubles.

(as amended by Fed.zak. from 23.07.2013 N 169-FZ)size \u003d -1\u003e

& nbsp - & nbsp Traffic rules (SDA):

2.3.1. ... It is prohibited to drive with ... unlit (absent) headlights and rear marker lights in the dark or in conditions of insufficient visibility, the wiper is not operating from the driver's side during rain or snow.

In the event of OTHER MALFUNCTIONS en route, with which the operation of vehicles is prohibited by the annex to the Basic Provisions, the driver must eliminate them, and if this is not possible, he can follow to the parking or repair site, observing the necessary precautions.

With hidden, fake, modified numbers of units and assemblies ...

1. Braking systems

1.5. The parking brake system does not ensure a stationary state:

- Vehicle with full load - on a slope up to 16 percent;

- cars and buses in running order - on a slope up to 23 percent inclusive;

- trucks and road trains in running order - on a slope up to 31 percent. inclusive.

3. External lighting devices

3.2. Headlight adjustment does not comply with GOST R 51709-2001.

3.3. ... external lights and reflectors are dirty.

3.4. There are no diffusers on the lighting devices or diffusers and lamps are used that do not correspond to the type of the given lighting device.

3.5. The installation of flashing beacons, the methods of their fastening and the visibility of the light signal do not meet the established requirements.

4. Windscreen wipers and washers

4.1. The wipers do not work in the established mode.

4.2. The windshield washers provided by the vehicle design do not work.

5. Wheels and tires

5.1. Passenger car tires have a residual tread height of less than 1.6 mm, trucks - 1 mm, buses - 2 mm, motorcycles and mopeds - 0.8 mm. (Note. For trailers - the norms of the residual height of the tread pattern of tires, similar to the norms for the tires of vehicles - tractors.)

5.2. Tires have external damage (punctures, cuts, breaks), exposing the cord, as well as delamination of the carcass, peeling of the tread and sidewalls.

5.3. There is no fastening bolt (nut) or there are cracks in the disc and rims of the wheels, there are visible irregularities in the shape and size of the fastening holes.

5.4. Tire size or load capacity does not match the vehicle model.

5.5. Tires of various sizes, designs (radial, diagonal, chamber, tubeless), models, with different tread patterns, frost-resistant and non-frost-resistant, new and remanufactured, new and with a deep tread pattern are installed on one vehicle axle. The vehicle is equipped with studded and non-studded tires.

6. Engine

6.2. The tightness of the power supply system is broken.

6.3. The exhaust system is defective.

6.4. The tightness of the crankcase ventilation system is broken.

6.5. The permissible level of external noise exceeds the values \u200b\u200bestablished by GOST R 52231-2004.

7. Other structural elements

7.1. The number, location and class of rear-view mirrors do not comply with GOST R 51709-2001, there are no glasses provided for by the design of the vehicle.

7.2. The sound signal does not work.

7.3. Installed additional items ... limiting visibility from the driver's seat.

7.4. The locks of the body or cab doors, locks of the sides of the cargo platform, locks of the necks of tanks and fuel tank caps, the mechanism for adjusting the position of the driver's seat, the emergency door switch and the signal of the request to stop on the bus, interior lighting devices of the bus interior, emergency exits and actuators do not work them in action, a door control drive, a speedometer, a tachograph, anti-theft devices, heating and windscreen blowers.

7.5. There is no rear guard, mud aprons or mudguards provided by the design.

7.6. ... There are gaps in the joints between the motorcycle frame and the side trailer frame.

7.7. Missing:

- on buses, cars and trucks, wheeled tractors - a first aid kit, fire extinguisher, emergency stop sign in accordance with GOST R 41.27-2001;

- on trucks with a maximum authorized weight over 3.5 tons and buses with a maximum authorized weight over 5 tons - wheel chocks (there must be at least two);

- on a motorcycle with a side trailer - first aid kit, warning triangle

7.9. There are no seat belts and (or) head restraints if their installation is provided for by the vehicle design or the Basic Provisions for Admitting a Vehicle to Operation and the duties of officials to ensure road safety.

7.10. The seat belts are inoperative or have visible tears on the strap.

7.11. Spare wheel holder, winch and spare wheel lifting / lowering mechanism do not work. The winch ratchet does not fix the drum with the lashing rope.

7.12. On the semitrailer there is no or faulty support device, locks of the transport position of the supports, mechanisms for raising and lowering the supports.

7.13. The tightness of the seals and connections of the engine, gearbox, final drives, rear axle, clutch, battery, cooling and air conditioning systems and hydraulic devices additionally installed on the vehicle is broken.

7.14. The technical parameters indicated on the outer surface of gas cylinders of cars and buses equipped with a gas supply system do not correspond to the data of the technical passport, there are no dates for the last and planned survey.

7.16. Motorcycles do not have safety bars provided for by the design.

7.17. On motorcycles and mopeds, there are no footpegs provided for by the design, transverse handles for passengers on the saddle.

7.18. Changes have been made to the design of the vehicle without the permission of the State Traffic Safety Inspectorate of the Ministry of Internal Affairs of the Russian Federation or other bodies determined by the Government of the Russian Federation.

5) the head of the state traffic safety inspection, his deputy, the commander of the regiment (battalion, company) of the road patrol service, his deputy ...

6) employees of the state traffic safety inspection with a special title ...

& nbsp - & nbsp Review of legislation and judicial practice of the Supreme Court of the Russian Federation for the 1st quarter of 2006

Question 9: Is a person subject to administrative liability for driving a vehicle with hidden, fake, altered numbers of units and assemblies?

Answer: ... bringing a person to administrative responsibility based on the provisions of Articles 2.1, 2.2 of the Code of Administrative Offenses of the Russian Federation is possible if there is his guilt, in whatever form it manifests itself, since its absence is one of the circumstances that exclude proceedings in the case of an administrative offense.

Thus, if it is established that a person drove a vehicle that has hidden, fake, changed numbers of units and assemblies, he may be held administratively liable under Part 1 of Article 12.5 of the Administrative Code of the Russian Federation in the event that the person's actions are found guilty in the form of intent or negligence (Article 2.2. Administrative Code of the Russian Federation).

Please note that the navigator, radar detector, telephone, video recorder, etc., attached to the windshield are sometimes installed in such a way that they limit visibility from the driver's seat. Even a souvenir hanging on the rear-view mirror may not allow the driver to see a sign, a pedestrian on the side of the road, or a car leaving from the side in time.

Part 1. General terms and concepts

Basis for vehicle inspection

Drivers, driving (TS) with the changes made to the design, traffic police inspectors can be held liable under Art. 12.5.1 Administrative Code of the Russian Federation.

Driving a vehicle in the presence of malfunctions or conditions under which, in accordance with the Basic Provisions for the Admission of Vehicles to Operation and the obligations of road safety officials, the operation of a vehicle is prohibited

How does the inspector know the design of your vehicle?

The inspector uses organoleptic methods and may doubt that the design of the vehicle corresponds to the standard one. He is not obliged to know anything.

Many vehicle models have a vehicle type approval certificate (OTTS) - this is a document confirming the compliance of the vehicle with the requirements adopted in the Russian Federation. It contains a description of the vehicle parameters, equipment items, and a schematic view of the vehicle. If the vehicle was not supplied to the Russian Federation or was released before 1999, then OTTS, most likely, will not be. If there is no OTTS, then it is extremely difficult to prove the fact of making changes to the design.

Output:you need to find OTTS for your car and those elements that do not correspond to it, register as changes in the design of the vehicle.

What is a modification to the vehicle design?

The technical regulations (TR CU 018/2011) unambiguously define that only the installation (removal) of components not provided for by the design of the vehicle can be considered as making changes, and the safety of the design and the equipment of the vehicle is considered not at the time of release by the plant, but at the time of issuance of the TCP (release into circulation ).

In the event that a component listed in the OTTS has been replaced (for example, a bumper), the installed component has a certificate, the dimensions of the vehicle remain unchanged, then we can talk about refurbishmentVehicle, and not changes in the design of the vehicle.

Output:if there are certificates, it is useful to carry them with you, although you are not required to do so. You have repaired a car using certified components, and the inspector's task is to prove the fact of making changes to the vehicle design.

Part 2. Actions when stopping by the inspector under article 12.5.1. Code of Administrative Offenses

Option 1. You agree with the fact of an administrative offense. According to Art. 28.6.1 of the Administrative Offenses Code of the Russian Federation, the inspector has the right to issue a resolution on bringing to administrative responsibility directly at the scene of the offense

Consequences:fine of 500 rubles, removal of the vehicle from registration. The likelihood of challenging the inspector's actions is minimal. The vehicle must be restored to its original state.

Option 2. You disagree with the inspector.There is no OTTS for your vehicle, or there is a component in the OTTS that the inspector considers making changes to the design, but the appearance of your vehicle as a whole coincides with the diagram in the OTTS, and you think that this is a repair.

A driver challenging the fact of illegal actions may, on the basis of Art. 28.6.2 of the Administrative Code of the Russian Federation to require the drawing up of a protocol on an administrative offense and in this case, in accordance with Article 29.5.1 of the Administrative Code, a place for considering an administrative offense case and an administrative investigation are appointed. The case of an administrative offense is considered at the place of its commission. At the request of the person in respect of whom the proceedings are underway in the case of an administrative offense, the case may be considered at the place of residence of this person. Such a petition is only subject to motivated rejection. The position of the Supreme Court of the Russian Federation is that officials are obliged to transfer the case in accordance with the petition of the person involved, with the exception of cases provided for by Article 28.7.1 of the Code of Administrative Offenses of the Russian Federation. The term of the administrative investigation is no more than 30 days.

In the course of an administrative investigation, the burden of proof lies with the official. According to Art. 1.5.3 of the Code of Administrative Offenses of the Russian Federation, the person involved is not obliged to prove his innocence. Any doubts, in accordance with Article 1.5.4 of the Code of Administrative Offenses of the Russian Federation, should be interpreted in favor of the suspect in an administrative offense.

Output: the likelihood of protecting their rights is higher if a protocol on administrative responsibility is drawn up, an administrative investigation and consideration of a case on bringing to administrative responsibility with the involvement of evidence (technical expertise, inquiries to the manufacturer, inquiries to customs authorities, etc.) is assigned to establish the true circumstances of the incident. You have the right to submit your materials that confirm your position. Also, in this case, it simplifies the protection of their interests in court.

The full text of Art. 12.5 Administrative Code of the Russian Federation with comments. New current edition with additions for 2020. Legal advice on Article 12.5 of the Code of Administrative Offenses of the Russian Federation.

(Name as amended by Federal Law of June 8, 2015 N 143-FZ.

1. Driving a vehicle in the presence of malfunctions or conditions under which, in accordance with the Basic Provisions for the Admission of Vehicles to Operation and the obligations of road safety officials, the operation of a vehicle is prohibited, with the exception of malfunctions and conditions specified in parts 2-7 of this article -
(Paragraph as amended by Federal Law of July 22, 2005 N 120-FZ; as amended by Federal Law of July 10, 2012 N 116-FZ.

shall entail a warning or the imposition of an administrative fine in the amount of five hundred rubles.

2. Driving a vehicle with a knowingly faulty braking system (except for the parking brake), steering or coupling device (as part of a train) -

(Paragraph as amended by Federal Law of June 22, 2007 N 116-FZ; as amended by Federal Law of July 23, 2013 N 196-FZ.

3. Driving a vehicle on the front of which light devices with red lights or red reflective devices are installed, as well as light devices, the color of the lights and the mode of operation of which do not meet the requirements of the Basic Provisions on the admission of vehicles to operation and the duties of officials for ensuring road safety (paragraph as amended by Federal Law of July 24, 2007 N 210-FZ, entered into force on August 11, 2007 -
shall entail deprivation of the right to drive vehicles for a period from six months to one year with the confiscation of the specified devices and devices

3.1. Driving a vehicle on which glasses are installed (including those covered with transparent colored films), the light transmission of which does not meet the requirements of technical regulations on the safety of wheeled vehicles -
shall entail the imposition of an administrative fine in the amount of five hundred rubles.

(The part is additionally included from September 23, 2010 by Federal Law of July 23, 2010 N 175-FZ)
4. Driving a vehicle on which devices for giving special light or sound signals (except for burglar alarms) are installed without the appropriate permission -
shall entail the deprivation of the right to drive vehicles for a period of one to one and a half years with the confiscation of the said devices.

(The part is additionally included from August 8, 2005 by the Federal Law of July 22, 2005 N 120-FZ)
4.1. Driving a vehicle on which an identification lamp of a passenger taxi or an identification sign "Disabled" is illegally -
(Paragraph as amended by Federal Law of June 8, 2015 N 143-FZ.

shall entail the imposition of an administrative fine on the driver in the amount of five thousand rubles with confiscation of the subject of an administrative offense.

5. The use of devices for supplying special light or sound signals (with the exception of burglar alarms), installed without the appropriate permission, during the movement of a vehicle -
shall entail deprivation of the right to drive vehicles for a period of one and a half to two years with the confiscation of the said devices.

(The part is additionally included from August 8, 2005 by the Federal Law of July 22, 2005 N 120-FZ)
6. Driving a vehicle, on the outer surfaces of which special color schemes of vehicles of operational services are illegally applied, -
shall entail deprivation of the right to drive vehicles for a period of one to one and a half years.

(The part is additionally included from August 8, 2005 by the Federal Law of July 22, 2005 N 120-FZ)
7. Driving a vehicle, on which the color scheme of a passenger taxi is illegally applied, -
shall entail the imposition of an administrative fine on the driver in the amount of five thousand rubles.

(Part is additionally included from January 1, 2012 by Federal Law of April 21, 2011 N 69-FZ)

Commentary on Article 12.5 of the Code of Administrative Offenses of the Russian Federation

1. The objects of administrative offenses provided for by the commented article are public relations in the field of road safety.

2. The objective side of the offense provided for in part 1 of this article is expressed in driving a vehicle in the presence of malfunctions and conditions under which, in accordance with the Basic Provisions for the Admission of Vehicles to Operation and the obligations of road safety officials approved by the Council Resolution Ministers - the Government of the Russian Federation of October 23, 1993 N 1090 (with amendments and additions), the operation of the vehicle is prohibited, with the exception of malfunctions and conditions specified in parts 2 - 6 of this article. In accordance with the Federal Law "On Road Safety" (with amendments and additions), the technical condition and equipment of vehicles participating in road traffic must ensure road safety (Article 16). Requirements for the technical condition of vehicles are set out in the appendix to the above Basic Provisions for the admission of vehicles to operation. The Appendix defines the List, which establishes the malfunctions of cars, buses, road trains, trailers, motorcycles, mopeds, tractors, other self-propelled vehicles and the conditions under which their operation is prohibited.

3. The objective side of the offense specified in part 2 of the article being commented on consists in driving a vehicle with a knowingly faulty braking system (with the exception of the parking brake), steering or coupling device (as part of a train), and thus in violation of the prohibitions established by clause 2.3.1 of the Traffic Rules of the Russian Federation, approved by the Resolution of the Council of Ministers - the Government of the Russian Federation of October 23, 1993 N 1090 "On Traffic Rules" (as amended and supplemented).

4. The objective side of the offense provided for in Part 3 of the commented article is a violation of the requirements of clauses 3.1 and 3.6 of the List of faults prohibiting the operation of a vehicle on the front of which red light devices or red reflective devices are installed, as well as light devices, the color and mode of which does not match the design of the vehicle.

5. The objective side of the offense specified in part 3.1 of this article is expressed in driving a vehicle on which glasses are installed, the light transmission of which does not meet the requirements of the technical regulations on the safety of wheeled vehicles. In accordance with clause 7.3 of the Technical Regulations on the Safety of Wheeled Vehicles, approved by the Decree of the Government of the Russian Federation of September 10, 2009 N 720 "On Approval of the Technical Regulations on the Safety of Wheeled Vehicles", in relation to the light transmission of glass, including those covered with transparent colored films , the requirements of paragraph 3.5.2 of Appendix No. 5 to the Technical Regulations apply, according to which the light transmission of the windshield must be at least 75 percent, front side windows and front door windows (if any) - at least 70 percent.

6. The objective side of the offense provided for in part 4 of this article is expressed in violation of the requirements of paragraph 11 of the Basic Provisions prohibiting the operation of vehicles equipped with flashing beacons and (or) special sound signals without appropriate permission.

7. The objective side of the offense provided for in part 5 of this article is a violation of the provisions of section 3 "Application of special signals" of the Traffic Rules of the Russian Federation, which grant the right to use special light or sound signals while driving only by drivers of vehicles equipped with special signals ... Decree of the President of the Russian Federation of September 22, 2006 N 1042 "On Priority Measures to Ensure Road Safety" defines the List of services, vehicles of which, in the presence of special color-graphic schemes on the outer surfaces, are equipped with devices for supplying special light and sound signals, and by the Decree of the Government of the Russian Federation of December 1, 2006 N 737 "On special light and sound signals" (with amendments and additions) - The list of state bodies, on vehicles of which devices for supplying special light and sound signals are installed in the absence of special color-graphic schemes on the outer surface these vehicles. The procedure for issuing permits for installing devices on vehicles for supplying special light and sound signals is determined by Order of the Ministry of Internal Affairs of Russia dated February 19, 2007 N 167 "On the procedure for issuing permits for installing devices on vehicles for supplying special light and sound signals" (as amended . and add.) (BNA FOIV. 2007. N 13).

8. The objective side of the offense provided for in part 6 of the article in question is a violation of the requirements of paragraph 11 of the Basic Provisions prohibiting the operation of a vehicle with special color-graphic schemes of operational services illegally applied to their outer surfaces. Requirements for color schemes of the corresponding vehicles are defined by GOST R 50574-2002 "Cars, buses and motorcycles of operational services. Color schemes, identification marks, inscriptions, special light and sound signals. General requirements."

9. The subjects of the considered administrative offenses are the drivers of vehicles.

10. On the subjective side, the offense provided for in part 1 of this article is characterized by both intent and negligence, and the offenses under parts 2-6 may be committed only intentionally.

11. Cases of administrative offenses provided for in parts 1, 2 and 3.1 of this article are considered by the head of the State Traffic Safety Inspectorate, his deputy, the commander of the regiment (battalion, company) of the road patrol service, and his deputy. The compositions of administrative offenses contained in parts 1 and 3.1 of this article can also be considered by traffic police officers with a special rank (article 23.3). The compositions of administrative offenses provided for in parts 3, 4 - 6 are considered by judges (part 1 of article 23.1).

Protocols on administrative offenses are drawn up by officials of the internal affairs bodies (police) (Part 1, Clause 1, Part 2, Article 28.3).

Consultations and comments of lawyers under Article 12.5 of the Code of Administrative Offenses of the Russian Federation

If you still have questions about Article 12.5 of the Code of Administrative Offenses of the Russian Federation and you want to be sure of the relevance of the information provided, you can consult the lawyers of our website.

You can ask a question by phone or on the website. Initial consultations are held free of charge from 9:00 to 21:00 daily Moscow time. Questions received from 21:00 to 9:00 will be processed the next day.

Enough has been written about why the traffic police inspectors can find fault with the driver, what tricks they use to fix an alleged violation and draw up a protocol. But nothing stands still.

Another, hitherto unknown, was added to the list of “divorces” that have already become classics, such as a fine for unfastening a seat belt, and that is driving a car on which gas-discharge lamps are installed, but the operation of which on this car is not constructively provided for.

Or, in legal terms, “Driving a vehicle on the front of which there are light devices with red lights or red reflective devices, as well as light devices, the color of the lights and the mode of operation of which do not meet the requirements of the Basic Provisions for the Permission of Vehicles for Operation and the responsibilities of road safety officials ”. The sanction for this offense is quite strict - deprivation of the right to drive vehicles for a period of six months to one year with the confiscation of these devices and devices.

But at the same time, the presence of gas-discharge lamps installed on the car is not yet a reason for drawing up a protocol and applying these sanctions. Because there is one caveat. The presence of such lamps must interfere with road users.

But it is precisely this circumstance that is already beyond the reasonable perception of a person authorized to exercise control over traffic. The main thing for him is to establish their presence, and then boldly draw up a protocol.

The essence of the story.

The citizen bought a car. I drove it for my pleasure for six months, until in broad daylight the traffic police inspector stopped him on the highway in the Vladimir region. Without introducing himself, without explaining the reason for the stop, he demanded a license, documents for the car, and then climbed with a partner to look under the hood, what was there under the hood of the car? And it must be the same - here it is, happiness, I saw under the hood on the sides two installed gas-discharge lamps and an ignition unit. Accordingly, the protocol for. And that the inspection was carried out without the presence of attesting witnesses - so no problem - he stopped someone passing by, and the necessary signatures were available. And it doesn't matter that the citizen claims that he was driving during the day, that the lamps are not inserted into the headlights, and are not even connected, and they do not interfere with the traffic.

And it is not at all necessary that in clause 2 of the Explanation of the Department of Traffic Safety of the Ministry of Internal Affairs of the Russian Federation dated 03.17.2010, it is said that it is about bringing to responsibility the drivers of those cars who in the headlightsdesigned for use with incandescent lamps (including halogen lamps), gas-discharge light sources ("xenon" lamps) are installed. Because "these headlights are not designed for this type of light source, therefore, their light is distributed in such a way that it blinds other road users."

Brief dialogue.
- You have lamps that are not provided for by the design, installed under the hood.
- Yes. But they are not connected.
- So what if they are not connected? Are installed on the front of the vehicle?
- Yes.
- Do you agree? So we will write it down in the protocol. And by law it is necessary to be on the front. And we need to comply with the law! It is forbidden to put gas discharge lamps where they are not provided, period! And although they are not connected to the movement, they still interfere.
The citizen did not agree with the opinion of the inspector. He protested, explained, to no avail. But he wrote in the protocol that he did not agree with the opinion of the inspector, which helped in the future. And also the request was reflected about the consideration of the case at the place of his residence.

At this point, the inspectors and the citizen parted. And after two and a half months, the citizen is summoned to court in the case of an administrative offense by. The case managed to reach the court, three months did not expire, and the citizen became worried. And who doesn't get excited in his place?

Arrived, as expected, to court. The first court session was postponed - due to the citizen's disagreement with the imputed violation, the inspectors were again summoned to the court session. But they never arrived. Well, good.

The court agreed with the position of the citizen, listened to a specialist, examined the car and stopped the proceedings in the case for lack of an administrative offense. You can congratulate the citizen on a successful outcome, that everything worked out. Only the number of his spent nerves cannot be counted, as well as worries about the possible consequences.

And those super-vigilant inspectors are still performing their duties on the road. It is not known what they will come up with this time and how they will interpret the law. As well as to each of us, who on the way will have such a "super-vigilant" inspector.

I enclose the court decision.