How long can you keep the driver after stopping?

What is stopping a vehicle according to the law?

This opinion is erroneous when drivers believe that when stopping a driver and checking documents, the inspector is essentially detaining the motorist. No, in fact, from a superficial linguistic analysis it “delays”. However, this is not formally a detention.

For this term, the legislation of 2021 provides for a separate administrative procedure - the Federal Law on Police implies by this a short-term restriction of a citizen’s freedom, and paragraph 180 of the Administrative Regulations introduced by Order No. 664 of the Ministry of Internal Affairs indicates that in order to be detained, delivery to a certain department of the Ministry of Internal Affairs or the State Traffic Safety Inspectorate is mandatory. In addition, detention is always preceded by a mandatory protocol.

Thus, all actions of a traffic police officer after stopping a car cannot be called a detention until the appropriate protocol is drawn up and the driver is sent to the department. And this is good news, because otherwise the driver could be detained for up to 48 hours.

And correctly, this procedure is generally called the execution of the state function of the traffic police - specifically stopping a vehicle.

List of reasons for stopping

If during the inspection the inspector asked to open the trunk, then you should clarify whether this is a request or a requirement. The driver is not obliged to comply with the inspector’s request, and the request must be accompanied by the preparation of an inspection report with the participation of at least two witnesses.

Inspection and inspection procedure

The driver should not forget about one more right: the right to complain, protect his rights and receive compensation for losses. If the inspector violates the driver’s rights and damage is caused, the driver can appeal the decision.

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Failure by an inspector to comply with any clause of the Traffic Police Regulations, even if this did not entail a violation of the specific rights of the motorist, is a serious violation. After all, in this document the management itself wrote to the employee how he should act in a given situation. Violating these requirements means not following management’s orders.

It is unacceptable for a traffic police inspector to speak indistinctly (vaguely, quietly, patter), so that the motorist does not hear any of his personal data. Paragraph 19 of the Traffic Police Regulations obliges the traffic police officer to take such actions (speak loudly and clearly). For example, in this paragraph there are requirements for the traffic police officer to be clear. How can a car enthusiast understand something if all the words were spoken quickly, quietly and indistinctly? It also states that the traffic inspector must exclude the occurrence of situations where there is the possibility of erroneous or ambiguous understanding of his actions. If you speak quietly and indistinctly, then just such situations will arise.

That is, the actions of a traffic police officer will be unlawful if, immediately after stopping the car, he introduces himself, and reports the reason and purpose of the request only after 10 minutes or only after repeated requests from the motorist. These duties of the inspector follow from paragraph 20 of the Traffic Police Regulations.

Suspicion of committing a crime. In this case, if a traffic police inspector stopped you on the road (and, for example, rang the car’s license plate and found out that it was stolen, or you yourself are wanted), then he does not have the authority to detain you on his own - he is obliged to call an investigator or an investigator, if this preventive measure is necessary.
If you have been sentenced to arrest, forced labor or other penalties (except a fine), and you evade execution of this punishment.
In exceptional cases, when an administrative case cannot be considered without detention, it may be used. At the same time, alas, there is no clear list of such “exceptional” cases in the laws of 2021.
If you violated curfew.
If you tried to break into or entered a protected facility.
If a traffic police inspector suspects you have a mental disorder, and at the same time you create a public danger with your behavior.

How long can an employee retain a driver?

So, the answer to our question is contained in the Administrative Regulations, but in different paragraphs. However, unfortunately, there is no indication of a specific period here - it all comes down to the fact that such a period should be minimal.

Immediately after stopping

Clause 89 of the regulations prescribes that the traffic police officer is obliged to immediately approach the car that he stopped - without delay.

Does this mean that delay is allowed if he stopped several cars at once and approaches them in turn? No, the administrative regulations do not allow any conventions - it says “without delay”, which means immediately.

Having approached the driver, the inspector has other relevant responsibilities:

immediately after stopping, the traffic police inspector must introduce himself, stating his last name, rank or position,
present an official identification card upon request of the driver,
talk about the reason for the stop,
request documents for verification.

We have provided a complete list of rules for stopping cars in the corresponding article.

How many can check documents?

Let's move on. The period for document verification is not directly regulated by the laws of 2021. However, paragraph 91 of the Administrative Regulations indicates that further actions of the police officer must be in full compliance with the legislation of the Russian Federation.

In pursuance of the activities of the police, the Federal Law of the same name was issued, Article 5 of which directly prescribes that activities that are related to the restriction of human freedoms must immediately stop if the goal is achieved (in our case in the supervision of road safety in a general sense) or if it cannot be achieved by such a limitation.

Thus, in theory, the traffic police inspector is obliged to check and immediately give you the documents if you have not committed an offense, and wish you a good trip. In practice, since the specific time of the inspection is not regulated at all, the inspector can, for example, punch a driver’s license into the database, but how much time this will take, given the possible poor connection on the highway, is a second question, alas.

Paragraph 100 of the regulations also directs the inspector to release the driver immediately after completing the purpose of checking the documents. And paragraph 105 prescribes the same actions in the event of a pedestrian stopping.

Time to draw up a protocol and/or resolution

We move in order and get to the preparation of administrative material. Here this issue is regulated by paragraphs 35-37 of the regulations, which indicate that:

the time frame for completing administrative procedures, which includes drawing up papers regarding a driver’s violation, should be the minimum necessary for this - that is, there is a prohibition on intentionally stalling for time by a traffic police officer,
filling out the protocol or resolution must begin immediately after the occurrence of the violation (but, of course, after contacting the driver as soon as possible and checking his documents),
if the inspector deliberately stalls for time by detaining the driver after stopping the car, then such actions can be appealed.

Something else useful for you:

How long do you need to wait for the traffic police at the scene of an accident according to the regulations?
Is it possible to film a traffic police officer under the new law?
Suspension from driving a vehicle in questions and answers

How many minutes later should a traffic police inspector approach the driver after stopping?

The traffic lawyer answers how long the driver needs to wait for the traffic police inspector after stopping on the highway or in the city.

Stopping by a traffic police inspector to check documents is quite a common procedure. And although for many it evokes a lot of not the most positive emotions, it is still pointless to challenge the duty of the traffic police to control order on the roads.

However, the traffic police, in turn, are obliged to comply with the requirements of the law and administrative regulations that guide them in the performance of their main functions. Our lawyers regularly receive questions on the hotline regarding the procedure for stopping drivers. Some of them directly relate to situations when a police officer is in no hurry to approach a car.

Question 1: I was stopped by a traffic police officer, followed by five more cars. Since we stopped anywhere, he began to approach the cars not in order of stopping, but in order - as they began. At the 15th minute I left, and a few minutes later a police car caught up with me. The result is a fine for failure to comply with the inspector’s request to stop, 800 rubles. How many minutes does the inspector have to approach the driver?

Question 2: I often meet police officers on the federal highway who periodically stop me. They stop and stand aside for about 10 minutes, discussing their business. And then they also claim that it was I who did not come out to meet them, because they “control the flow” and cannot leave.

As we can see, cases of abuse by the traffic police do occur. And yes, this is pure abuse.

After how many minutes should the traffic police inspector approach the driver?

Current legislation establishes a certain procedure for interaction between the traffic police inspector and drivers through a by-law - an administrative regulation approved by Order No. 664.

This document regulates all the subtleties of the inspector’s approach to the driver, the procedure for carrying out all activities and other subtleties of the work.

The order of stopping and approaching the driver was not left without attention. Paragraph 89 of the Regulations gives very clear instructions: the inspector is obliged to immediately approach the driver after stopping, tell the reason, ask for documents, and so on.

If interpreted literally, “without delay” means that the policeman does not have the right to be distracted by any other matters other than “working off” the stopped driver. In fact, stopping several cars at once is also prohibited, but at the same time, the policeman is obliged to stop the crime and will easily explain his actions if it comes to complaints.

In reasonable estimates, “without delay” can hardly be more than 3-5 minutes, although the exact figure is not specified in any regulation.

Unfortunately, on highways and in the city, police do not always behave correctly, allowing long delays from the moment they stop until they approach the driver. But you can fight this too.

What to do if the inspector takes a long time?

First of all, you need to call the duty department and complain. Clause 52 of the Administrative Regulations obliges a traffic police officer, at the request of a citizen, to tell him the telephone number of the duty station. By calling you can also call the responsible persons for investigation, but in this case you may be refused.
Secondly, you need to confirm in any case the illegal actions of the police officer. Therefore, it is necessary to videotape communications with the traffic police - from the very stop to the farewell. When appealing his actions, no one may believe you or send you a formal reply stating that no signs of violation were found by the latter.
You can then file a complaint. The appeal is carried out in accordance with Section V of the regulations.

In this case, you can file a complaint with 2 authorities:

to the superior officer of the traffic police officer who committed the violation,
to the prosecutor's office at the place where the offense was committed.

The complaint is submitted in free form - you simply indicate all the violations of the inspector, what they were, the circumstances of stopping your car and demand that he be brought to disciplinary liability.

But the result, alas, in most cases may not be entirely comforting for you - almost always the response comes with a formal notice of disciplinary action. You cannot check whether they were actually accepted. And in practice in 2021, they will also not initiate a criminal case for illegal restriction of a citizen’s freedoms because of this.

Reasons for stopping

registration of a traffic violation committed by the driver (it can be established visually by the inspector himself or recorded using any device);
the presence of information about the involvement of this car, its driver or passengers in an accident or any offense (information can be in the form of an official orientation, or can be conveyed to inspectors orally from another traffic police unit);
availability of information about the location of the car on the wanted list;
interviewing the driver or passengers as witnesses to any incident, involving them as witnesses, involving them to provide any assistance, the need to use a stopped vehicle;
stopping the movement of all road users or ensuring unhindered passage of special-purpose vehicles;
carrying out measures to prevent road accidents;
eliminating the threat to the safety of the driver and passengers of the vehicle being stopped or the threat to safety created by them;
verification of documents.

Why were the regulations updated?

The inspector has the right to demand the provision of a driver’s license, vehicle insurance and compulsory motor liability insurance policy. Drivers who are required to have a waybill or documents for the cargo being transported may have these checked as well. The inspector can also check the presence of a first aid kit, a fire extinguisher and a warning triangle - every driver must have these items in the car.

24 Apr 2021 semeiadvo 345

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