How traffic cops breed inexperienced drivers (+ advice from a lawyer)

The situation that we cite as an example is probably familiar to all motorists – in the morning I went in a hurry and left my driver’s license at home. I only remembered this at work, but at my own risk I decided to return home by car: there are now few traffic cops on the road, maybe it will blow over.

It didn’t work out, the inspector stopped and, after listening to an honest story about forgetfulness and “who doesn’t happen to him”, threatened to confiscate the car and impose a hefty fine for driving a person who did not has the right to drive. Is it legal?

Expert opinion

Sergei Smirnovlawyer:

– The traffic rules oblige the driver to carry a certain set of documents and hand them over to the traffic police officer. This is a registration certificate, a driver’s license and an OSAGO policy.

In this situation you need to know the following. Retaining a vehicle and placing a car in a car batter is only possible in one case – when the driver does not have any registration documents for the vehicle.

This is stated in Article 27.13 of the Code of Administrative Offenses of the Russian Federation “Detention of a vehicle”. This article lists all the reasons why a car can be impounded. The lack of a driver’s license (when the driver forgot to bring a document) or an OSAGO policy is not such a reason.

Keep in mind! In such a situation, the traffic police inspector is obliged to check in his databases both the presence of the right to drive and the presence of a valid OSAGO policy. After verifying that the driver’s license is available, the inspector decides on the driver’s punishment. In the absence of the necessary documents, sanctions are imposed in the form of a warning or a fine of 500 rubles (Parts 1 and 2 of Article 12.3 of the Code of Administrative Violations of the Russian Federation).

But Article 12.7 of the Code of Administrative Offenses of the Russian Federation with a more severe penalty does not apply here. It applies only to a driver who, in principle, does not have the right to drive a car, that is, he either did not receive a driver’s license (in this case, the fine is from 5,000 to 15,000 rubles), or the driver was deprived of his rights (then the fine will reach 30,000 rubles). For the rights you have, but have forgotten at home, you will not be fined under this article, but the inspector may express it to exert psychological pressure. Do not give in and do not be too lazy to look on the Internet to clarify the article of the Code of Administrative Violations of the Russian Federation that the inspector accuses you – this is not prohibited.

Source: Z R

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