The traffic police inspector may occasionally measure a driver’s pulse, request the driver to step out of the car and walk in a straight line, and even request breathing tests while operating a breathalyzer. But is this within his authority?
When an officer wants to perform a breath test, it is part of an alcohol intoxication examination. This is the sole action the inspector can legitimately request from a driver, and only after a protocol has been prepared and a copy provided to the driver. The inspector must present documentation showing that the measuring device meets standard requirements, including a certificate of conformity and a certificate of verification. The device, after a basic “calibration,” issues a printout of the results similar to a sales receipt.
In practice, not every traffic police officer possesses a certified breathalyzer. Typically, it is the battalion commander or their deputies who hold such devices. If a battalion commander is targeted regularly, it can lead to criticism of the inspector; hence investigators may rely on more rudimentary breath-testing tools whose results can be influenced by various factors and might not be considered reliable.
Walking in a straight line, singing, or dancing all fall outside the inspector’s powers. Moreover, if there are signs of possible drug intoxication, the inspector is not authorized to conduct additional examinations and must refer the driver to a medical facility for an assessment. There, the citizen may be offered blood or urine analysis.
– Can a traffic police patrol stop a vehicle on a deserted highway at night?
The traffic police have the authority to stop a driver wherever they deem appropriate. If the driver disagrees with an accusation, this should be noted in the protocol in the field labeled “signature of the violator” with an explicit description of what is being disputed. Having a video recording is advisable, because courts often rely on the protocol and investigative report for a verdict if nothing more convincing is available.
– Will police be able to open cars without the owner present, and who will cover the cost of repairing broken locks, glass, or missing items? What should a driver do in such a scenario?
Legal provisions state that the police cannot demand compensation from the ministry for damage incurred while performing duties. Therefore, when such situations occur, compensation is unlikely. If items are missing, it can be treated as ordinary theft, and the proper course is to report theft. Still, there is skepticism about whether investigators will always recover stolen goods.
– What malfunctions or adjustment indicators can a traffic policeman visually detect and issue an elimination order for?
Traffic police do not detect mechanical malfunctions or adjustments through simple observation. Instead, they identify violations or dangerous conditions that render a vehicle unfit to operate. The list tied to traffic rules is long, but it is understood that most issues require specialized equipment and expertise to verify.
When an inspector asserts that something has changed in a vehicle, that assessment is not always reliable. Routine problems like a loose windshield wiper or faulty headlights are easy to identify, but many serious mechanical failures demand specialized tools and knowledge.
A vehicle can only be towed to a detention area in three instances: a braking system failure, steering failure, or a traction device issue as part of a road train. Officers might check whether the ABS warning light is illuminated, but this light only signals a fault with a specific function and does not automatically render the entire braking system inoperative. The vehicle’s braking system should still be capable of performing in such a scenario, and the presence of the ABS light is not, by itself, a determination of a full malfunction.
– If a driver is accused of crossing a line or changing lanes a few kilometers back, can the driver request proof? And can traffic police officers make allegations of a crime?
Police can file a crime report anywhere, but if they claim a crime occurred one kilometer earlier, the protocol must clearly indicate the absence of supporting evidence for that claim. In many cases, officers may reference nearby patrols as a basis for their assertion. The officer who observed the alleged violation should be questioned as a witness.
– What protections exist for drivers in such scenarios?
Protection often hinges on the DVR recording, and the protocol should acknowledge that a driver has a recorded copy. Even a witness’s testimony can be contested in court, as friends or relatives of the driver could be perceived as having a vested interest. Official statements carry weight in the judicial system, but it is generally assumed that traffic officers do not malign drivers without cause.
– Is it permissible to film a traffic officer with a smartphone, and what should be done if filming is prohibited?
There are no general restrictions on filming inspectors, except when they guard sensitive government facilities. Generally, filming by a civilian in public spaces is allowed and serves as a check on proceedings, especially when at issue are the actions of public officials in everyday settings.
– Is filming necessary?
Filming can be valuable because an impartial record helps ensure accuracy. It makes it easier for a higher authority or court to determine what happened when the situation is contested.
– Can traffic police follow a cyclist and request bicycle documents?
Bicycle documents are not usually mandated by law, beyond proof of purchase in most cases. A cyclist is not required to carry such documents. Police can address cyclists and pedestrians as road users, but penalties for missing documents are typically not imposed on cyclists. In some circumstances, a drunk cyclist may face penalties for specific traffic rule violations, such as using a bike lane improperly.
In summary, traffic police enforce rules by checking for safety and compliance, relying on appropriate procedures and evidence. The process aims to balance public safety with the rights of drivers and other road users, while preserving the integrity of investigations and ensuring accountability where needed. [Citations: official traffic regulations and legal precedents across relevant jurisdictions].