On October 20, 2021, the new Administrative Regulations of the Ministry of Internal Affairs come into force. The document replaces the well-known “Order No. 185”.
- About the regulations;
- Photo and video recording of police officers is prohibited;
- Checking documents outside stationary traffic police posts;
- Ambushes are prohibited;
- Return to the car after testing for intoxication;
- Fixation in the area of temporary signs;
- Commercial cameras.
About the regulations
First, let’s find out what this regulation is in the hierarchy of legal acts.
Full title:
“Administrative regulations for the execution by the Ministry of Internal Affairs of the Russian Federation of the state function of implementing federal state supervision over compliance by road users with the requirements of the legislation of the Russian Federation in the field of road safety”
Enter:
“Order of the Ministry of Internal Affairs of the Russian Federation dated August 23, 2017 No. 664”
In the hierarchy of normative acts, this regulation is at the lowest level of federal legal documents. This means that it cannot contain contradictions to the Law “On the Police” and the “Road Rules”. For drivers, the regulations of the Ministry of Internal Affairs (State Traffic Safety Inspectorate) do not contain anything new.
Regulations - Rules governing the order of some activity.
The regulations regulate the work of officials. Officials bear responsibility for failure to comply with the requirements of the regulations to their management.
Violation of the requirements of the regulations by officials is not grounds for failure to comply with the requirements of the Traffic Rules.
Termination of issuing certificates of road accidents
From now on, the traffic police will no longer issue certificates of road accidents. According to the new rules, based on the results of registration of an accident, traffic police officers will draw up only procedural documents:
- decision to refuse or initiate proceedings regarding an administrative offense;
- administrative violation protocol;
- resolution in a case of an administrative offense;
A separate certificate of traffic accident will not be issued. The situation with receiving payments under compulsory motor liability insurance is not yet clear, since a certificate of an accident is required to be sent to the insurance company in the event of an insured event. We expect changes to the MTPL insurance rules from the Central Bank of the Russian Federation.
Otherwise, the changes are of a technical nature and are aimed at bringing the regulations into compliance with other legal norms.
Article published date: October 25, 2021 Last modified: June 26, 2021
Current legislation does not allow the police to stop a vehicle without reason or justification, but many motorists misinterpret the laws and are confident that traffic police officers stop their car without sufficient grounds. In this publication, we will present an exhaustive list of reasons for stopping a vehicle by a traffic police inspector in accordance with Order of the Ministry of Internal Affairs of Russia dated August 23, 2021 N 664 “On approval of the Administrative Regulations for the execution by the Ministry of Internal Affairs of the Russian Federation of the state function of exercising federal state supervision over compliance by road users with legal requirements Russian Federation in the field of road safety."
Studying the norms of “Order N 664” will allow you to avoid unnecessary disputes with traffic cops and save you from wasting your nerves and time, especially if you have not violated anything. It is extremely important to update your knowledge, because Order of the Ministry of Internal Affairs of Russia N 664 of August 23, 2021 canceled the following regulatory legal acts: Order of the Ministry of Internal Affairs of March 2, 2009 N 185, Order of the Ministry of Internal Affairs N 1023 of December 31, 2009, Order of the Ministry of Internal Affairs N 780 dated August 13, 2012, Order of the Ministry of Internal Affairs of Russia No. 857 of October 3, 2014, as well as Order of the Ministry of Internal Affairs No. 155 of April 1, 2011 - all these documents have lost force.
Photo and video recording of police officers is prohibited
- This is the main myth
, which spread on the basis of the exclusion of the following lines from the regulations:
25. An employee must not interfere with the use of video and sound recording equipment by a road user, unless prohibited by law. The employee must inform the road user making the recording about the existence of the prohibition.
Only an exception, no clauses for the ban were added and could not be added, since the ban on photo and video recording contradicts the principle of publicity and openness established by the Law “On the Police”.
Verification of documents
As we already mentioned above, to check the driver’s documents, the traffic police inspector according to order No. 664 must have his own reasons. Here they are:
- orientation towards the driver or car,
- if the driver violated traffic rules,
- special events,
- traffic regulation (when the inspector is a traffic controller).
This is a comprehensive list of reasons for checking documents. And if the reason given by the inspector does not relate to any of the above, then stopping the vehicle is unlawful.
Checking documents outside stationary traffic police posts
A stop to check documents, according to the new Administrative Regulations of the Ministry of Internal Affairs, can be carried out at any post
. The requirement to stop a vehicle in order to check documents has been eliminated, or rather stated in a more understandable form.
63. The grounds for stopping a vehicle by an employee are:
verification of documents for the right to use and drive a vehicle, documents for the vehicle and the cargo being transported, as well as documents proving the identity of the driver and passengers (only at stationary traffic police posts).
84. The grounds for an employee to demand that the driver stop a vehicle are:
84.13. Checking documents for the right to use and drive a vehicle, documents for the vehicle and the cargo being transported.
84.14. Checking the identity documents of the driver and passengers, if there is data giving grounds to suspect them of committing a crime or to believe that they are wanted, or if there is a reason to initiate an administrative offense case against these citizens, as well as if there are grounds for their detention in cases provided for by federal law.
The change will save a lot of time for both drivers and traffic police officers. With the development of the availability of video content, many “well-read” drivers believed that the requirement to hand over documents in the event of a stop in violation of the regulations was not legal. The result was a conflict that led to the driver being detained.
Here is a video with an example of how you can distract traffic police inspectors from work for 30 minutes.
Don't try again. In this video, such loyal actions of employees are incomprehensible. There were every reason to hold the driver accountable for failure to comply with legal requirements.
Once again, the driver is obliged to comply with the lawful requests of the police officers. The main “law” for the driver is the Rules of the Road. Regulations of the Ministry of Internal Affairs (State Traffic Safety Inspectorate) - for the police. Violation of regulations is not a reason not to comply with legal requirements.
There is an opinion: “Not according to the regulations - not according to the law” - it is not true
. To confirm, try to find a case where failure to comply with the regulations somehow significantly influenced the outcome of the consideration.
At its core, the Ministry of Internal Affairs regulations for the driver are a guide to traffic legislation. It fully complies with federal laws and the driver does not need to delve into all the regulatory documents, but simply find a link to the required article of the law from the regulations.
For those who still want to communicate with the inspector, regarding stopping to check documents, the regulations also have a section “Grounds for checking documents.”
106. The grounds for checking documents required for participation in road traffic * (96) are:
The driver has virtually no chance here. It is worth noting that the inspector is not required to provide any orientation, action plans, or other documents other than an official identification card.
Grounds for stopping a vehicle by a traffic police officer
And so, paragraph No. 84 of the new Order of the Ministry of Internal Affairs N 664 describes a complete list of grounds for a traffic police officer to demand that the driver stop a vehicle :
- 84.1. Signs of violations of road safety requirements identified visually or recorded using technical means.
- 84.2. Availability of data (orientations, information from the duty officer, other squads, road users, visually recorded circumstances) indicating the involvement of the driver and passengers in the commission of an accident, crime or administrative offense.
- 84.3. Availability of data (orientations, information from operational and investigative records of internal affairs bodies, information from the duty officer, other squads, road users) about the use of the vehicle for illegal purposes or grounds to believe that it is wanted.
- 84.4. The need to interview the driver or passengers about the circumstances of the accident, administrative offense, crime of which they were or are eyewitnesses.
- 84.5. The need to involve a road user as a witness.
- 84.6. The need to use a vehicle (Clause 37, Part 1, Article 13 of the Federal Law “On Police”).
- 84.7. The need to temporarily restrict or prohibit the movement of vehicles.
- 84.8. The need to ensure safe and unhindered passage of special purpose vehicles.
- 84.9. Providing assistance in the unimpeded passage to the scene of emergency medical vehicles, as well as vehicles of operational and other emergency services involved in the liquidation of emergency incidents.
- 84.10. The need to involve the driver and (or) passengers to assist other road users or police officers.
- 84.11. Carrying out, on the basis of administrative acts of the heads of territorial bodies of the Ministry of Internal Affairs of Russia at the regional (district) level, heads of departments of the State Traffic Inspectorate of the territorial bodies of the Ministry of Internal Affairs of Russia at the regional (district) level, measures to prevent road accidents and reduce the severity of their consequences in order to protect life, health and property citizens, protection of their rights and legitimate interests, as well as the interests of society and the state (Clause 2 of the Regulations on the State Road Safety Inspectorate of the Ministry of Internal Affairs of the Russian Federation, approved by Decree of the President of the Russian Federation of June 15, 1998 N 711)
- 84.12. A threat to road safety created by a malfunction or improper installation of technical means of traffic management, violation of the rules for carrying out repair work on the road, a natural disaster, an industrial (man-made) accident, a fire and other emergency circumstances, or a leak of hazardous substances.
- 84.13. Checking documents for the right to use and drive a vehicle, documents for the vehicle and the cargo being transported.
- 84.14. Checking the identity documents of the driver and passengers, if there is data giving grounds to suspect them of committing a crime or to believe that they are wanted, or if there is a reason to initiate an administrative offense case against these citizens, as well as if there are grounds for their detention in cases provided for by federal law.
The driver of the vehicle is obliged to comply with the requirements of the traffic police officer to stop the vehicle. For failure to comply with this legal requirement, liability is provided in accordance with Part 2 of Art. 12.25 of the Code of Administrative Offenses of the Russian Federation (Failure to comply with the requirement to provide a vehicle or to stop a vehicle) in the form of a fine in the amount of 500 to 800 rubles.
Ambushes are prohibited
Yes, there is such a section, but with a few exceptions
63. When supervising traffic using a patrol car with a special color scheme
, its placement in a stationary position must be carried out in such a way that it is clearly visible to road users and there is the possibility of timely suppression of an offense.
In order to ensure traffic supervision on emergency sections of the road, as well as in cases of traffic supervision using photo and video recording of violations of traffic rules, a patrol car can be placed in places with visibility limited by natural breaks in the terrain, turns roads, as well as elements of the road network.
Actions by employees that involve deliberately interfering with the recognition by road users of a special color scheme or devices for producing special sound and light signals of a patrol car are not permitted.
Pay attention to the highlighted fragment again. Next, look at the next section of the regulations.
64. When supervising traffic by a squad of employees in a patrol car without a special color scheme
measures are being taken to record violations of traffic rules that contribute to the commission of road accidents, including facts of dangerous driving, driving in violation of traffic rules into a lane intended for oncoming traffic, exceeding the established speed, violations of the rules for passing pedestrian crossings, rules for using a telephone by the driver of a vehicle facilities. At the same time, its interaction with other squads is ensured (stationary, pedestrian posts, squads on patrol cars with a special color scheme), which, if necessary, stops the vehicle and registers an administrative offense.
So any neighboring car in traffic or in a parking lot may find itself with police officers monitoring compliance with the requirements of the Rules.
In addition, quadropters can be used to record violations.
unmanned aerial vehicles) can be used for traffic control
and others).
To record traffic violations, you can use a quadcopter.
Next, we will briefly consider other innovations in the regulations.
Return to the car after testing for intoxication
233. If the examination for intoxication is carried out at the nearest stationary post
, in another premises of the internal affairs body, if the result of the examination for intoxication is negative and there are no grounds for sending for a medical examination for intoxication, the person is transported to the place of removal from driving a vehicle or to the location of his vehicle.
In the previous version, the requirement to return the driver was only during a medical examination, that is, to the medical center. institution.
