12 nuances it is better to know in advance in the event of a traffic police stop

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1. The right not to get out of the car

Article 89 of the Board Regulations

After stopping the vehicle, the inspector approaches himself. The driver does not have to leave the car. According to paragraph 48 of the General Regulations, the inspector must approach the car from the driver’s door. Provide otherwise in case of interference or danger.

The inspector has the right to require the driver to disembark for specific reasons:

If you are stopped for a formal document check, you do not have to get out of the car right away.

2. The right to know the reason for the stop

Articles 84, 89 and 91 of the Administrative Regulation

After stopping, the inspector is obliged to explain the reason. And must also announce the list of documents that the driver must submit.

Under current regulations, a check is a legitimate reason to stop, even if there are no traffic violations by the driver. Passengers may also be subject to document checks.

3. The right to explain or not testify one’s actions

art. 51 of the Constitution of the Russian Federation, paragraphs 51, 132 of the Administrative Regulation

In case of violation of the traffic rules, the driver has the right to explain his actions. A forced violation (for example, the driver tried to avoid an accident) can affect the amount of the fine. The inspector is obliged to include explanations in the minutes.

Also, the driver has the right not to give an explanation, as he is not obliged to testify against himself under the Constitution.

4. The right to film the inspector’s actions

art. 8 of the law “On Police”

The new regulation does not contain any information about video filming. Knowing this, inspectors can prohibit video recording. In fact, video recording of the inspector’s actions is allowed. The recording can serve as evidence and confirm an attempt to persuade the driver to pay a bribe.

In some cases, it may be legal to request not to film. However, the inspector must be in possession of an official document confirming this prohibition: implementing operational measures or possibly disclosing state secrets.

5. The right to know the name, rank and position of the inspector, as well as the telephone number of the unit on duty

P. 45, 52 of the Administrative Regulations, Art. 5 of the “On Police” Act

When approaching the driver, the inspector must introduce himself. The driver, in turn, has the right to request a certificate. The driver also has the right to find out the number of the service unit. Then call and make sure that such an employee is on duty there and whether such a vehicle is really in orientation.

6. The right to study and receive copies of the resolution, protocol or act

Articles 134, 151, 168, 211 of the Administrative Regulation

Such documents are prepared in case of violation of traffic rules, inspection of the car, removal of personal belongings, determination of alcohol intoxication by the driver or arrest of the vehicle. A protocol is drawn up during the inspection and an action is taken during the inspection. In case of discrepancy between the prepared documents and the actions taken, the results will be declared invalid.

In all cases, the driver has the right to take note of the document drawn up and, if necessary, to enter clarifications. The inspector must also provide a copy of the document.

Continued on the next page.

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