The new procedure for the interaction of traffic police with drivers comes into force

The new procedure for the interaction of traffic police with drivers comes into force

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On July 11, the order of the Ministry of Internal Affairs comes into force, regulating the new procedure for the supervision of traffic police officers over traffic. This is a kind of service instruction that describes the rules for communication between inspectors and drivers. The document establishes new restrictions for traffic police officers: now they are forbidden to take from the hands of drivers not only money and securities, but also a mobile phone. In addition, the new wording leaves no doubt about the right of the inspector to stop the vehicle for checking documents without any additional grounds.

On Tuesday, the order of the Ministry of Internal Affairs No. 264 (“Procedure for the implementation of supervision over compliance by road users with the requirements of the legislation of the Russian Federation on road safety”), which replaces the administrative regulations of 2017, comes into force.

From the text of the new order, we can conclude that the police, in preparation, tried to exclude various conflict and controversial situations on the roads. Until now, for example, the job description forbade the inspector to take money, securities and other “objects” from the driver’s hands along with documents. Now you can not “use the means of communication of participants in the movement, except in cases of urgency.” Officially, the Ministry of Internal Affairs did not explain this short story, but the network describes numerous cases when violators persistently ask the inspector to take a mobile phone in order to talk with a certain relative or “friend” from law enforcement agencies to “resolve the issue.” From now on, inspectors who do not want to talk to anyone can refer to the norm of the order. Recall that all actions of employees are recorded on a video recorder – failure to comply with the procedure is fraught with sanctions for them.

Sometimes, during inspections, drivers require inspectors to show documents about the raids that served as the basis for stopping (for example, a raid to check drunks on the roads). The new regulation clarifies: a motorist has the right to familiarize himself with documents “containing information of limited distribution” in the traffic police department or in the police station. On site, the employee is not required to provide this data.

The regulations also contain the obligation of police officers in the event of an accident to inform the close relatives of the victims of accidents information about the hospitals where they were sent to the victims of the accident. This norm has already been written down in the law on the police, now it has been duplicated in the regulations. Previously, employees, when talking with drivers, were instructed to “refrain” from “any kind of statements and actions of a discriminatory nature on the grounds of sex, age, race, nationality, language, citizenship, social, property or marital status, political or religious preferences,” now it’s straight “ forbidden”.

The old regulation forbade the movement of a car if the inspector found malfunctions in the brakes, steering, headlights that were not working at night, or broken windshield wipers during rainfall. Now the traffic police officer “has the right to demand that the driver stop the vehicle until the relevant malfunctions are eliminated,” while parking the car during repairs should not pose a threat to traffic safety. If minor malfunctions occur, the driver is obliged to repair them on the spot or proceed to the place of repair “with the necessary precautions”.

Order No. 264 retains the ability of the traffic police to conduct the so-called covert supervision of traffic – we are talking about inspectors on duty in a car without a color scheme. At one stage in the development of the order, the department wanted to allow such employees to draw up protocols, but in the end they abandoned the idea (the reasons are unknown). Employees in “civilian” cars, as before, will monitor traffic, record violations with the help of cameras (when driving into the oncoming lane, passing pedestrian crossings, etc.) and transmit data along with traffic police in a company car, which will already stop and “form” the violator.

The order does not provide new rights to inspectors, but only deciphers for policemen and drivers some of the procedures described in the laws in order to eliminate conflict situations, draws the attention of the retired traffic police captain, the founder of the public project “Overheard from the traffic police” Valentin Ilyinov. “For example, in the old order, because of the wording, it was not completely clear whether the inspector could stop the car only to check documents, without any additional grounds for this,” he explained to Kommersant. “Now this point is clearly settled: doubts No, there is such a right. The same is true with suspension from driving.” This security measure, we recall, is applied in case of drunk driving, driving without a license, and other gross violations of traffic rules. It is mentioned in the Code of Administrative Offenses, says Mr. Ilyinov, but nowhere is it deciphered how to implement it in practice. “Many inspectors doubted that the new order also removed this issue,” the expert explained. 19.3 of the Code of Administrative Offenses “Disobedience to the lawful order of a police officer””.

Draft evaders won’t be able to drive

On July 11, the order of the Ministry of Internal Affairs No. 426 of June 21, 2023 on the procedure for restricting the rights of conscripts to drive a car also comes into force. A citizen who does not appear at the military registration and enlistment office within 20 days from the date of receipt of the summons is deprived of the right to drive a vehicle, obtain and change a driver’s license.

Recall that in April, President Vladimir Putin signed a law on the introduction of a unified register of persons liable for military service. From the date of receipt of the summons from the military registration and enlistment office (both in electronic and paper form), the citizen will be limited in obtaining bank loans, leaving Russia, using transport and registering it with the traffic police. The unified register of military registration will start working by the autumn draft, Maksut Shadayev, head of the Ministry of Digital Development, said earlier.

Within a day after the formation of the agenda in the register, information on restrictions on driving is entered into the federal information system of the State traffic inspectorate, access to which is available to all traffic police officers. Note that the current Code of Administrative Offenses (Article 12.7) provides for sanctions in cases where the driver has no rights at all or is deprived of them by a court decision – there is no separate punishment for driving with “restricted” rights. It is not known how the dodgers-motorists will be punished; no explanations have been received from the authorities.

The restriction imposed by the police can only be canceled after changes are made to the military registration register. The reason for the cancellation, in addition to appearing at the military enlistment office, will also be a satisfied complaint by a motorist who will be able to prove that he is not obliged to comply with the requirement to appear.

Ivan Tyazhlov

Ivan Buranov

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