How to behave with the employee of traffic police, traffic police
It is informed – means it is armed. The driver should know not only only Traffic regulations and the civilian rights, the rights and responsibility of employees of the traffic police, existing regulatory legal acts, in other words to own a certain legal culture. Without it the motorist risks to become a milk cow for swindlers, bribe takers and careless workers of the State traffic inspectorate.
Stop "on demand"
The car stop at the desire of the official of traffic police is a legal act with which dialogue «the inspector – the driver» usually begins and which can have serious consequences for both parties. The stop of the HARDWARE and its precondition are regulated by normative documents of the Ministry of Internal Affairs: the order of the Ministry of Internal Affairs of the Russian Federation No. 329 from 01.06.98 and Manual on work of traffic police of traffic police as the Ministry of Internal Affairs approved by the order of the Ministry of Internal Affairs of the Russian Federation No. 297 from 20.04.99 (traffic police Manual is farther in the text). The bases for a stop of the HARDWARE are registered in item 13.7 of Manual of traffic police and order No. 329 item 2. I advise to readers to understand names of documents and below mentioned пт, marked with a bold print since the mention them in discussions with GAI officers shows your legal literacy. It is forbidden to stop the HARDWARE without need (item 13.7 of Manual of traffic police). Though it is possible to motivate any check with search of a stolen car or carrying out special operation. But in any case at the appeal to you the employee of traffic police should call clearly the position, a rank, a surname and to tell about the reason of a stop of your HARDWARE (item 18.2 of Manual of traffic police). If the inspector of traffic police was not presented in a form and did not explain, why suspended your car, its acts can be regarded as violation of office discipline (order No. 329 item 2). Legality of such actions can be challenged in court.
Verification of documents, according to item 13.7 of Manual of traffic police, it is authorised to create on stationary posts. The car with a colouring and an inscription of traffic police of traffic police on a roadside of the road is not neither a stationary post, nor a control post of militia, check пт. Such makary, more widespread situation when the HARDWARE stops simply on a roadside of the road for verification of documents (and it is favourite places of inspectors of traffic police on Chernyakhovskogo St. at structure УГИБДД of area, on Russky Avenue at a structure of the Department of Internal Affairs of area, at Dramatic theatre and in other places) is legislation violation from workers of the State traffic inspectorate. At the very beginning of conversation the inspector of traffic police says usually standard phrase:« The foreman of traffic police of regional GAI such, show documents». The similar requirement cannot be considered as an explanation of the precondition of a stop. And to prevent situation development in the illegal course, it is most ideal to ask to the inspector a direct question of the stop reasons to which that should answer on the basis of item 18.2 of Manual of traffic police.
Keep in mind that the inspector of traffic police can try to justify legality of a stop, having brought you accusation of commission of an administrative offence. Usually in that situation are made a complaint on seat belts. But even if you went with not fastened belts, such succession of events says that the inspector at the moment of a stop of it did not contemplate. And means, having stopped you, it made an offence in the form of arbitrariness responsibility for which is provided by KOAP Russian Federation Art. 19.1. In other words confirmations of your fault were received by the inspector with violations of the law, and their introduction is unacceptable in coordination with ч.3 KOAP Russian Federation Art. 26.2.
At communication with the inspector of traffic police you can declare that during movement you were fastened by belts and requirements of traffic regulations did not break. Besides the inspector explained the HARDWARE stop verification of documents, instead of not fastened belts. You also can point to illegality of a stop by that phrase:« Verification of documents, according to item 13.7 of Manual of traffic police, it is possible to carry out only on a stationary post. The road roadside such post is not. Explain, on what basis you allow violation of the law and my rights – the order of the Ministry of Internal Affairs No. 329 it is qualified as violation of office discipline by you». Farther the inspector of traffic police or will wish you happy journey, or will try to pass to coming to "justify" the acts. Certain GAI officers try to leave a situation, declaring that they type called the stop reason. In such cases I recommend all dialogue to write down with the inspector on avtoindent.ru a dictophone or on the mobile phone equipped with function of record of a voice. Existence of that record at the appeal of actions of the GAI officer will allow to establish precisely that the inspector of traffic police broke your rights. Before record I recommend to you to say aloud the current date and time, also a scene of action. If you make entry in the presence of eyewitnesses, for example, your passengers, it only will add to you points.
Information from the website: GAI. ру