DPS inspectors were allowed to determine the malfunction by sight, hearing and smell

Under the new procedure for monitoring traffic compliance established by the Ministry of the Interior, which is currently under investigation, inspectors can use the organoleptic method to identify vehicle malfunctions. Simply put, they are detected by sight, hearing and smell: oil leakage, squealing brakes, the “Check Engine” light on the instrument panel, and so on. This follows from paragraph 85 of the updated “Procedure for the monitoring of compliance by road users with the requirements of the legislation of the Russian Federation on road safety”:

“The technical condition of the vehicle is checked by an organoleptic method or by special technical means to verify that it complies with the requirements established for the vehicle in service by the basic provisions for the authorization of vehicles into the use and duties of officials to ensure road safety and (or) technical regulations for the safety of wheeled vehicles. If the vehicle is subjected to a technical inspection during the inspection, the availability of information about the results of its behavior is established in the Unified Automated Information System for Technical Inspection.

What will change on the roads after the entry into force of the new “Supervision Procedure”? It is feared that inspections will return, with inspectors having enough reasons to complicate the lives of motorists. As it used to be. Or not?

Sergei Smirnov, lawyer

“In particular, nothing will change. Visible malfunctions that do not require a quantitative assessment (examination, changes, etc.) are nevertheless registered in this way. Or they are simply indicated in the protocol, for example captured on video, which is additionally attached to the protocol. If it is necessary to determine the percentage of steering play, the functioning of the braking system, then visual grounds can no longer be used as proof here. And the draft of the new regulation does not change this. If such a malfunction (requiring confirmation by a technical method) is only visually established, this is an unambiguous basis for canceling the fine.

Source: Z R


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