Differences in procedures of inspection and examination: Clarification of the traffic police
That’s the difference between the inspection procedure and the inspection of the car
Nobody likes it when some stranger climbs into his personal life, without permission, touches things, without an invitation gets into the car or enters into a dwelling for the implementation of any understandable only to him suspicious plans. No matter with what intention it is done, and on what grounds. You are unlikely to meet a man who had no apprehension of any attempt of intrusion into the comfort zone, even if he realizes that he has nothing to fear, and before him stands the guardian of the rule of law, which aims to serve for the sake of law and public safety.
This is a natural emotional human reaction to the sudden enforcement of the requirements (even if they are legitimate), and, unfortunately, it has a grain of truth, dictated by the experience of generations of drivers who in Russia and the CIS countries were faced with a different kind of excess of powers of employees of traffic police, especially during the procedures of examination and inspection.
In the best case the legally stipulated process is carried out with violation of norms and rules in the worst, with it “werewolves in epaulets” pursues its criminal purpose, tossing a variety of prohibited items, from bullets to drugs, to then begin to extort money to “solve the problem” otherwise, the court verdict, a broken life.
Here is one recent high-profile cases, again what happened at the infamous (if you believe the information from the web) post dorozhno-patrol service “Cukurova Beam” – aka “kuschevskiy post” – located in the heart of the infamous village Kushchevskaya Krasnodar region, where eight years ago there was a mass murder, thundered all over the country.
“The first year the inspectors complain of drivers who were subjected to searches, inspections, and in some cases detention. All of this is happening without explanation and the necessary documents”, said in the incident material merchant.ru published a few weeks ago.
By a sudden search of the vehicle was the leader of the movement “Blue buckets” and public figure Peter Shkumatov. Here’s how he described the incident a fighter for the rights of motorists: “was searched, the passengers, searched the car without issuing any documents, without witnesses, without anything else. No one, of course, nothing is explained. Absolutely humiliating, in fact, such a power procedure, when two persons form just not paying attention to any laws of the Russian Federation, do what I want”.
Note that until this was made illegal search, put something prohibited, the employee may at any time and in any place of the vehicle, the more that one car “processed” a few traffic police. Here is an excerpt of material from the site drive2.ru:
“You stop, then asked to get out of the car and suddenly begin screening machine for lawlessness — without witnesses and without registration. In my case, the policeman just started climbing glove box while the other distracted me a suspicion that I am in a condition of narcotic intoxication and it would be nice to show him cigarettes, wallet(!), what do you have in the pockets, etc. While I was distracted, the second employee could put in the glove compartment anything: a grenade, drugs, or the corpse of Saddam Hussein.
At the same time we started a real interrogation, where and, most importantly, why we’re going. We answered honestly that in Yeysk for work, and then they poshushukalis and let us go. Apparently, it was saved from the morning’s headlines in the style of: “the leader of the Blue buckets detained in the village of Kushchevskaya for the carriage of 1 gram of heroin”…”.
“…they throw drugs at places such as the niche in the door or glove box. If you have planted the drugs, the price for a decision they declare (from reviews online) to 300 000 rubles. It’s cheap, so how to solve the issue in the famous Kushchevskaya will cost 1 million”” — said Shkumatov portal “Avtosklad”.
Video footage of the problems at the post “Cukurova Beam”
On the wave if rastirazhirovanny surfaced in the media crime themes (in order to “ground” knowledge of ordinary drivers that they could not be misled by dishonest employees of traffic police), or just coincidentally, the traffic police has decided to remind drivers of the difference between the procedures for the inspection and examination of vehicles (in the summer holiday season according to statistics, most often there are conflicts between drivers and inspectors), on the official website of the traffic police.Russia appeared a reference that explains the subtleties and distinctions of the two concepts.
Consider an interesting and important topic in more detail, so motorists no problems and not violated their rights during the legal requirements of the traffic police inspector.
What is the procedure for inspection of the car by the police?
Vehicle inspection is a visual inspection of the vehicle, and of cargo in it.
We emphasize here the most important point – the inspector during the inspection of the car holds it exclusively visually, without touching anything in the car with his hands and generally does not penetrate into salon.
He has no right to open the trunk or the hood. And if the employee will be required to verify the VIN in the framework of the inspection under the hood, it will be able to do this only if the driver voluntarily open the hood. If the driver refuses to open the hood of the car, independently of the IDPS is not entitled to do so, or only in the framework of the inspection if there is reason.
Inspection of the vehicle, the transported cargo is carried out with the participation of the driver or the citizens accompanying cargoes, according to the paragraph 198 of the Ministry of internal Affairs Order from 23.08.2017 N 664 (ed. by 21.12.2017). The presence of witnesses when inspection is not provided, but the technical means for inspection by the police to use the law.
Also during the inspection it is not necessary to fulfill the request of an inspector is to open the trunk or the door to the salon, this treatment will already be in the category of inspection. It is true there is a dual aspect that is reflected in the article-fact sheet on the website of the state traffic Inspectorate.
“Inspection of the vehicle and cargo is visual inspection of the vehicle… the Driver is asked to voluntarily grant the police the ability to visually inspect the vehicle and alleged shipping, structurally designed for this purpose (the trunk and glove compartment of a passenger car, a truck, etc.)…”, says the website of the traffic police.
That is, from the position of the Ministry of interior, inspection is any act of visual interrogation of the car, including the contents of the cabin. Typically, the staff asked the driver to open the glove box, trunk, hood, and so on. From the point of view of lawyers, such actions are an inspection because visual interior and see through glass (if tinted) and they entail a different legal design, as we wrote just above.
A clear algorithm of actions for all drivers in similar situations do not exist. It all depends on the level of legal knowledge of the motorist, behaviors of the DPS, and many other facts. Since November 2012 in the inspection of any documents confirming the fact of the procedure, was prepared to let the inspector inside the car without witnesses, it was not safe. As you can prove that that bag of white stuff you had? It was a simple security issue.
Now the situation has changed, during the inspection of the relevant act (for more information about him can be read in Chapter “inspection of the vehicle somehow should be reflected in the documentation?” below). At the very least, is a legal protection from abuse by dishonest employees.
But in any case, if Gibddshniki during the inspection tries too eager to get into the car and you look suspicious to him, it is preferable to go through security screening, in which the presence of witnesses is necessary. We’ll talk about it later, but for now, let’s discuss a couple of points about the procedure of inspection.
What grounds are there for inspection, and where are they spelled out?
It is important to understand what reason could be the traffic police to conduct inspection of the vehicle.
In some cases, the DPS can inspect the car?
Reasons for car inspection prescribed in paragraph 197 of the Order of the interior Ministry:
Orientation, other information about its use in illegal purposes;
The need for verification of markings of the vehicle and verification with the records in the registration documents;
Signs of discrepancy of cargo to the data specified in accompanying documents on the cargo.
As you can see, the police officer may refer to the need for inspection in the presence of the orientation, if necessary, verification documents, or if there are signs of discrepancy of the transported freight documents. It must be remembered.
In case of failure of the driver to voluntarily provide the possibility of visual inspection of the vehicle and load to a police officer, the latter shall have the right to inspect, however if there are “appropriate grounds”. This is stated in a note on the official website of the traffic police. According to lawyers, such a provision in the legislation simply does not exist, but the practice has a reverse trend.
Inspection of the vehicle somehow should be reflected in the documentation?
If you heard somewhere that a vehicle inspection may be conducted without making the act, you were misled. In fact on the inspection of vehicles and cargo on the grounds stipulated by the Federal law “On police”, the employee is the act of the so-called inspection of the vehicle and cargo. This provision is made in paragraph 200 of the rules.
As specified in this act?
The inspection of the vehicle and cargo shall contain:
Date and place of its execution, position, special title, surname and initials of the employee who drafted the act;
Data on persons present in the examination, with indication of their surname, name, patronymic (if any), address of residence, telephone;
About the type, make, model, state registration sign and other identification characteristics of the vehicle;
About the type, quantity, and other identification signs of the goods carried.
The inspection of the vehicle and the cargo entry is made on the application of photography and filming, video, other established ways of fixing material evidence. The materials obtained in the implementation of the inspection with the use of a photo – and filmings, video, other established ways of fixing material evidence shall be attached to the act.
What is the procedure for inspection of the car by the police?
In accordance with article 27.9 of the Code of administrative offences, inspection of the vehicle, that is, the examination of the vehicle conducted without infringement of its constructive integrity, is carried out in order to detect or instrumentalities of subjects of an administrative offense.
What you need to know about the inspection vehicle?
Inspection is carried out in the presence of two witnesses or a video recording application (part 2 of article 27.9 KoAP of the Russian Federation).
The inspection must be carried out in the presence of the owner of the vehicle. In cases of urgency, the inspection may be conducted in his absence (part 3 of article 27.9 KoAP of the Russian Federation).
A search of the car without Protocol and without witnesses or without the use of videotaping to commit procedural actions illegal (article 19.1 of the administrative code).
If necessary, during the inspection of the used photo – and filming, videorecording, other established ways of fixing material evidence (section 206 of the Regulations of the Ministry of interior).
During the inspection, the inspection may be subjected to the trunk of the vehicle, the glove box (glove compartment) and other technological cavity and a closed space including the fuel tank and the sheathing body. During the search the police officer also has the right to move items around the cabin, to shift them from place to place, and can only ask you to do that. Otherwise it will have a search warrant and without a court order, his conduct is illegal.
During the inspection of the driver and passengers must leave the vehicle.
In some cases, the traffic police have the right to inspect the car?
Grounds the necessity of inspection set forth in paragraph 202 of the order of the Ministry of internal Affairs of the Russian Federation No. 664.
The grounds for the inspection of the vehicle, that is, examination of the vehicle conducted without infringement of its constructive integrity, are:
checking the information about the presence in the vehicle of weapons, ammunition, cartridges for weapons, explosives, explosive devices, narcotic drugs, psychotropic substances or their precursors or poisonous or radioactive substances;
checking the information about the presence or instrumentalities of subjects of an administrative offense in the vehicle;
the detention of the persons listed in part 2 of article 14 of the Federal law “On police” moving on vehicles
For inspection the police need reasonable assumption that the car are prohibited items.
As indicated in the Protocol of inspection of the vehicle?
Because the inspection vehicle is a procedural act, an inspector issued a Protocol of the inspection or entry to conduct an inspection in the Protocol on administrative detention (in accordance with article 27.9 of the administrative code).
In the Protocol of inspection of the vehicle must be indicated (Article 27.9):
date and place of its execution, position, surname and initials of the person who made the Protocol;
details of the person in whose possession the vehicle is subjected to inspection;
about the type, make, model, state registration number, about other identification signs of a vehicle;
about the kind, quantity, about other identification signs of things, including the type, make, model, caliber, series, number, about other identification signs of the weapon, about the type and amount of ammunition;
about the type and details of documents found during the search of the vehicle.
In the Protocol of inspection of the vehicle entry is made on the application of photography and filming, other established ways of fixing material evidence. The results of the inspection with the use of photos and filming, other established ways of fixing material evidence shall be attached to the Protocol.
According to paragraph 212 of the Regulations, the Protocol on inspection of the vehicle shall be signed by the person completing it, the person against whom the proceedings on administrative offence and (or) the person in possession which is a vehicle subjected to examination, as well as witnesses in case of their participation.
If the person against whom the proceedings on administrative offence and (or) person in whose possession the vehicle is subjected to inspection refuses to sign the Protocol, it is relevant record (part 8 of article 27.9 Cao RF).
A copy of the Protocol on inspection of the vehicle is given to the person in whose possession the vehicle is subjected to inspection.
Can the traffic police to carry out technical inspection of the car on the road?
There are cases when the police require the driver to provide them with a fire extinguisher, first aid kit, check operation of headlights, turn signals, trying to “eyeball” to check the technical condition of the car. Because according to the “Decree No. 1008”, the inspection can be conducted by operators or accredited persons, such actions on the part of the police are illegal.
And if the inspector insists on the roadworthiness of the vehicle on the spot, say on a stationary post of traffic police, this should be documented it with the intention that you had evidence of misconduct by a government official. Otherwise, you could be in serious trouble, in that case, if the inspector will “find” a fault in any node of the vehicle. For example, it seems that xenon (led) lights do not meet the standards.
Remember, such actions of the inspector there is no legitimate reason!
How to behave to the driver during the inspection or the inspection of the car?
Keep a cool head. You have the right to start shooting official action at any time. If you see that the traffic police do not comply with the statutory order of proceedings, tactfully tell him about it. Don’t let it, but do not let us understand, what are you going to meekly wait until the end of the execution.
If you have ignored and continue to violate your legal rights, for example, the inspector voluntarily began to study the contents of the interior of your vehicle, call the police 102 and explain the situation.
Misconduct the employee should be stopped legally.
Thus, to summarize I want to draw a line under the difference between “inspection” and “inspection”. The first type of research car fashionable to call gentle. The employee of traffic police has the right to visually examine the contents of the vehicle to see if the seals if we are talking about the truck, make sure the eyes in the car that no prohibited items. During the inspection all serious. Need to draft Protocol (prepared in advance before the procedure), actions should be recorded on video or inspector should be invited two witnesses. If you do not have at least one link in the chain, it will be treated not in favor of the inspector, under article KoAP “Arbitrariness”.