What happens if you refuse to present your license to a traffic police inspector?

Do I need to provide a power of attorney for a car if it belongs to another person?

If you are not using your own vehicle, then, from the moment the amendments to the Road Traffic Rules of November 24, 2012, which are confirmed by Decree of the Government of the Russian Federation N 1156 of November 12, 2012, come into force, you will no longer need a power of attorney. You must have:

• driver's license or temporary permit to drive a vehicle
• car registration documents
• MTPL insurance policy, in which the driver must be indicated

Is the driver required to hand over documents to a traffic police officer?

Lawyer: Ekaterina Novtsova

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In accordance with clause 2.1.1 of the traffic rules

The driver of a motor vehicle is obliged to carry with him and, at the request of police officers, hand over to them for inspection:

a driver's license or temporary permit to drive a vehicle of the appropriate category;

registration documents for this vehicle (except for mopeds), and if there is a trailer, also for the trailer (except for trailers for mopeds);

in established cases, permission to carry out activities for the transportation of passengers and luggage by passenger taxi, waybill, license card and documents for the transported cargo, and when transporting large, heavy and dangerous goods - documents provided for by the rules for the transportation of these goods;

insurance policy of compulsory civil liability insurance of the vehicle owner in cases where the obligation to insure one’s civil liability is established by federal law.

In cases expressly provided for by current legislation, have and submit for inspection to employees of the Federal Service for Supervision of Transport a license card, waybill and shipping documents.

As you can see, the list is exhaustive, not about any honey. there is no question of a certificate

Federal Law dated 02/07/2011 N 3-FZ (as amended on 07/03/2016, as amended on 12/19/2016) “On the Police”?? A traffic police officer has the right to stop vehicles if necessary to fulfill the duties assigned to the police to ensure road safety, check documents for the right to use and drive them, documents for vehicles and transported goods, the availability of an insurance policy for compulsory civil liability insurance of the vehicle owner; carry out, with the participation of drivers or citizens accompanying cargo, an inspection of vehicles and cargo if they are suspected of being used for illegal purposes, with the drawing up of an appropriate act??. Accordingly, the employee’s request is legal.

You can, of course, refer to clause 63 of the Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation for the execution of the state function of control and supervision of compliance by road users with requirements in the field of ensuring road safety, approved by Order of the Ministry of Internal Affairs of Russia dated March 2, 2009 N 185, according to which “check » documents are not indicated as a basis for stopping the vehicle. However, there is no direct prohibition on stopping and checking documents.

It is also worth paying attention to the fact that for disobedience to a lawful order or requirement of a police officer in connection with the performance of their duties to protect public order and ensure public safety, as well as obstruction of their performance of official duties, administrative liability is provided under Part 1 of Art. 19.3 Code of Administrative Offenses of the Russian Federation.

This offense entails the imposition of an administrative fine in the amount of five hundred to one thousand rubles or administrative arrest for up to fifteen days.

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Lawyer: Oleg Kers

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Well, let's look at one of the grounds specified in paragraph 63 of the above-mentioned regulations - the 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.

How will you prove that the traffic police officer really did not have information when stopping him (orientations, information from operational 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 is it wanted? How can you determine at the moment of stopping whether this information is true or not?

Even if this information is false, you have the right to later file a complaint in order to verify whether this information was true and whether it corresponded to reality. But it is at the moment of stopping that the traffic police officer’s demands are assumed to be legal. You are not competent to determine the validity of these claims. Therefore, failure to comply may result in administrative liability.

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Lawyer: Oleg Kers

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Maxim, in this case only the stop can be regarded as illegal. You are still required to comply with the requirement to transfer documents. And if a traffic police officer directly says that he stopped you outside the post to check your documents, then, if possible, record this on your mobile phone voice recorder. After this, file a complaint with management. Let them decide on the issue of bringing them to disciplinary liability.

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Driving a vehicle by proxy if the driver is not included in the MTPL policy

You can drive a vehicle without indicating you in the insurance policy only if the policy provides for the use of the car by an unlimited number of persons.

According to Chapter 12 of the Code of Administrative Offenses of the Russian Federation, if you do not have driving documents with you, you may receive
a warning or an administrative fine of 100 rubles.
In connection with some changes that were made to the traffic rules, people more often began to ask the question of what documents to provide to the traffic police officer. Since 2013, namely from February 15, a power of attorney for a car is no longer needed, but all of the above documents must be handed over to a traffic police officer for verification at his first request.

What documents to present to the traffic police inspector 2021

Now, when drawing up a report, the driver can question the evidence presented by the traffic police and present his arguments. When determining the amount of the fine, the inspector will be required to take into account the age, place of residence, family and property status of the driver. According to the new edition, the inspector should not take documents if any objects or “holding devices” are transferred along with them.

We have already reviewed on our portal Vodi.su 185 the order of the Ministry of Internal Affairs, 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:

Documents presented to the traffic police inspector - advice from a traffic lawyer

It happens that the STS is registered in the name of another citizen, but here the MTPL policy helps out, where the citizen who is driving is registered (the car belongs to a certain person, who himself included the driver in the MTPL policy).

To establish the driver’s identity, the traffic police inspector only needs a driver’s license, so if the driver has one, it is illegal . It’s another matter if the driver doesn’t have a license with him (I forgot). Then, to make sure that you are you, the traffic police inspector has the right to demand a passport.

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Service instructions for traffic police inspector 2021

Subscribe to the newsletter The State Traffic Inspectorate is part of the system of bodies of the Ministry of Internal Affairs (MVD) of Russia and has a number of powers to identify and suppress violations of road safety, as well as identify the causes and conditions that contribute to their commission.

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[4] bodies of state supervision over the technical condition of self-propelled machines and other types of equipment in the Russian Federation - tractors, self-propelled road-building and other machines and trailers for them; customs authorities of the Russian Federation - vehicles registered in other countries and temporarily located on the territory of the Russian Federation for a period of up to 6 months; operational services on whose vehicles the installation of special signals is permitted if there are special color schemes on the outer surfaces of these vehicles; federal executive authorities and organizations on whose vehicles the installation of special signals is permitted in the absence of special colorographic schemes on the outer surfaces of these vehicles; officials

On what grounds can they stop?

Now let’s look at when a traffic police inspector has the right to stop a vehicle to check documents:

1. Traffic violation.
2. In case of suspicion of resemblance to a stolen car. If the vehicle resembles the wanted car in appearance, then the inspector has the right to stop the driver and carry out an inspection.
3. To attract the driver as a witness.
4. For the passage of special equipment. In this case, inspectors, as a rule, are located directly on the road and stop one lane to clear the roadway.
5. In case of planned events. By order of their superiors, traffic police officers periodically carry out scheduled monitoring, which gives them the right to stop any vehicle of their choice.
6. If information is received from the dispatcher that a specific car is listed in the database of violators.
7. To check documents.
8. For temporary restriction of movement. Again, the measure is carried out at the initiative of management.
9. In the event of an accident with other road users, the driver may be stopped with a request to assist the inspector.

After stopping the car, contact arises between the driver and a representative of the road service, the boundaries of which are clearly defined by law. Both parties are required to comply with the requirements of administrative regulations. But as practice shows, a conflict between an inspector and a vehicle owner arises due to the wrong approach of a traffic police officer to a conversation with citizens.

Can traffic police officers just come up and start checking documents without any opening speech ? Definitely not. Let's consider the sequence of actions of a traffic police officer in the event of a vehicle stop.

1. A representative of the road service should immediately approach the driver’s cabin. In turn, the driver does not have to get out of the car.
2. Then he must introduce himself, stating his first name, last name and job title.
3. Next, the inspector must begin to explain the reason for the stop.
4. If the driver requires an identification document, the traffic police officer is obliged to show it (but not hand it over).
5. If the car is stopped due to scheduled inspections, the driver must, at the request of the inspector, get out of the car and open the trunk for inspection.

Is the driver required to present an insurance policy to a traffic police inspector starting in 2021?

For what reasons can a car be stopped? 1. the presence of data on the illegal use of the vehicle or reasons to believe that it was stolen (clause 84.3); the need to restrict or prohibit the movement of vehicles, including for the purpose of safe and unimpeded passage of special-purpose vehicles (clause

A fine for not having a compulsory motor liability insurance policy is assessed on the owner of the car, regardless of who was driving it at the time of the traffic violation (except in cases of theft or rental of a vehicle). To avoid unpleasant situations not only with the lack of a compulsory motor insurance policy, but also with other related factors, you should adhere to a number of rules that will make life on the roads much easier: By adhering to these few simple rules, you can protect yourself from many unpleasant situations, including with traffic police inspectors.

Proper stopping and parking

So, let's start from the very beginning, namely, from the moment when you noticed the traffic police officer's baton raised up, which clearly hints that you need to stop. Remaining calm, turn on the right turn signal and, making sure that you are not interfering with traffic on the road, proceed to stop on the side of the road. Be careful, because you are being monitored by a traffic police officer who will not fine you if you park incorrectly.

If the inspector's stopping signal caught you in a place where parking is prohibited, you need to know the following. According to clause 66 of the “Administrative Regulations of the State Traffic Safety Inspectorate”, it is unacceptable to stop a vehicle on those sections of the road where it is prohibited, with the exception of a few cases: when it is necessary to stop a crime, when the movement of a vehicle poses a threat to the life, health and property of traffic participants, as well as those cases when the stopping place is indicated by a patrol car with lights on or other means of traffic control. As a last resort, the inspector must use a baton or words using a megaphone to indicate the parking location. If there is no patrol car, and you have not received clear instructions about where to stop, it will be safer to drive to the place where parking is permitted by traffic regulations.

Rights and responsibilities of a driver when a vehicle is stopped by a traffic police officer 2021

• There are suspicions that the driver is intoxicated - alcohol, drugs or toxic. Or the driver, in the inspector’s opinion, looks very sick;
• It is necessary to conduct a vehicle search;
• The driver needs to eliminate a technical malfunction of the car or violations of the rules for transporting goods;
• It is required to provide assistance to other road users or police officers;
• It is necessary to check the components and assemblies of the vehicle, as well as the side numbers (in the presence of the driver);
• The driver or passengers are suspected of committing a crime (traffic violation, administrative offense). Or they pose any danger to the inspector.

• Unfastened seat belt. If the traffic police inspector does not have irrefutable evidence that you were not wearing a seat belt while driving, then you can always refer to the fact that the belt was unfastened immediately after stopping. That is, during the time the inspector walked to the car. And let him try to prove the opposite;
• Over speed. A technically sound radar should serve as evidence of a violation of the speed limit on the road. It should clearly show that the measured speed refers specifically to the vehicle that was stopped, and the readings themselves were taken immediately before the stop. If this data is not available, then you can safely challenge the inspector’s decision to draw up a protocol for speeding;
• Dirty rooms. Although, in accordance with technical regulations, including GOST 50577-93, it is impossible to drive a car with dirty license plates, it is quite difficult to record this violation. License plates are considered unreadable if at night they are not visible from a distance of 20 meters, even in the light of a traffic inspector’s flashlight. That is, in order to issue a fine, it is necessary to create exactly such conditions. In practice, this is not always possible, so usually road inspectors, instead of issuing a fine, only ask to wipe the license plates.

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