Complaint against the actions of a traffic police officer

Any pedestrian or driver can become an unwitting witness to a traffic accident or traffic violation that was not recorded by automatic video cameras or patrol inspectors.

Usually the witness reacts with strong words addressed to the unscrupulous driver, not knowing how and where to report a traffic violation . As a result, the violator remains without punishment.

Often the culprit is confident in his impunity, and his wrong actions develop into a habit. It is unlikely that he will change his behavior on the road, having drawn the right conclusions for himself. Most likely, he will continue to violate traffic rules, which could lead to an accident.

Many people often turn a blind eye to violations, but there are situations when it is fundamentally important to achieve punishment for the driver. For example, due to improper parking of a car, people cannot leave the parking lot, which is why they are late for work or for an airplane departure.

In such cases, illegal actions should be recorded using photography or a video camera and sent to the traffic police . True, you will have to waste your nerves and personal time, but next time the offender will not dare to do the same.

For example, thanks to mass protests by informal associations, activists and bloggers, it was possible to reduce the number of cases of rudeness by drivers on the roads and parking lots.

Possible violations by the traffic police

To file a complaint, it is important to know the existing powers of traffic police officers, which they may exceed. Some of their actions will be instantly classified as illegal, and you can immediately issue a written statement of the established form. An employee has a large number of powers, but should he stop at the most basic ones?

Stopping transport if necessary. The ban is only at intersections, in dangerous places where visibility is noticeably limited. But even all this is very difficult and almost impossible to appeal and achieve justice. Of course, you can make a complaint, but it will not bring any results.
The right to demand that all documents relating to the car, including a driver’s license, be presented in person.
Confiscation of a driver's license occurs only in one case - when the driver himself is intoxicated.
Drawing up protocols, as well as drawing up decisions on the basis of which the driver is brought to administrative responsibility.
Checking the trunk and other compartments of the vehicle, requiring the driver to exit the vehicle. But even this requires compelling reasons, which include the presence of signs that the driver is intoxicated, the emergence of suspicions that the technical condition of the car is in good working order. This all points to a subjective assessment on the part of the traffic police officer. Thus, it is unlikely that it will be possible to appeal such actions by proving his inappropriate behavior on the road.

If the inspector carries out his activities within strictly established limits, then there is almost no point in filing complaints with the relevant authorities. You can do this, no one has the right to prohibit it, but the effectiveness will most likely be minimal or negligible.

Is there punishment for violating traffic rules based on statements from eyewitnesses?

The procedure for filing a complaint against a traffic violator is a troublesome undertaking, and is sometimes characterized by certain financial costs on the part of the applicant. Even when sending an application via the Internet, law enforcement officers may contact the applicant and ask him to come to the department to clarify certain nuances or give additional testimony.

By sending a complaint against a violator, the applicant hopes for a positive result, which consists in the legal imposition of punishment on the violating driver, however, many doubt that such a procedure will be crowned with success.

Each application from an individual or legal entity, in accordance with the Code of Administrative Offenses of the Russian Federation, paragraph 3, prescribed in Article 28.1, is subject to mandatory consideration by law enforcement agencies and is an aid to the institution of administrative proceedings. If the application contains undeniable facts confirming the guilt of a particular car owner, the violator will be punished with an administrative penalty, in accordance with legal regulations.

Law enforcement officers are interested in punishing criminals on the road, therefore they actively cooperate with the population, improve, modernize and facilitate the procedure for filing complaints, which increases the chances of interaction. Currently, mobile applications are already being developed that allow you to quickly send a statement of violation via telephone, which indicates the interest of structures in cooperation with citizens. Similar applications are being tested in Moscow, and it is planned to expand their functionality to other regions. It is expected that this ability to communicate with operational structures will reduce the number of traffic violations and increase road safety criteria.

Where to file a complaint

If you decide that the actions of the traffic police inspector against you were illegal, contrary to current legislation, then you can choose several options for contacting the appropriate authorities. After all, not everyone knows where to complain to the traffic police. The most popular and effective is the court. But it is not always worth resorting to such measures immediately. Initially, it will be enough to contact the management of this employee and write the appropriate document.

There is practically no point in verbally complaining about the unlawful actions of a traffic police officer, since you may not even receive an answer. Not to mention something more real. The bosses know everything about such inspectors and will try to shield them in any possible way and justify them in your eyes.

When contacting verbally, it will be very effective to use the traffic police helpline, where they will listen to you, clarify the necessary data and subsequently begin their official check. But the answer will definitely be given to you.

But if no possible methods bring the desired result, then all that remains is to write a complaint to the judicial authorities. Here everything will definitely be considered on its merits.

Another serious authority that performs supervisory functions over the work of the Ministry of Internal Affairs system is the prosecutor's office. She is also empowered to consider complaints of unlawful actions by traffic police officers.

When choosing a recipient, you should pay attention to the degree of illegality of the inspector. He will be subject to disciplinary punishment by his supervisor, and within the framework of criminal proceedings - to the prosecutor's office. And if you want to consider his actions illegal, go to court. The best option is to write complaints to several authorities.

Types of complaints against a traffic police officer

The relevance of the issue of appealing the inspector’s actions is also due to the fact that very large fines are most often issued. This is more relevant for the Russian capital. At the moment, applications can already be sent even via the Internet. This includes electronic appeal, which also has significant requirements. Online public reception is developing and becoming increasingly popular among the population. This is much easier to do, and it doesn’t take much time, there are no queues.

There is no complete and legally approved template for writing complaints about the actions of a traffic police officer. In this case, the application is drawn up in free form, which resembles a regular statement of claim. The most important thing is that all information regarding the events that occurred, as well as those violations that were committed by the inspector in your opinion, are displayed on paper.

Complaints about the actions of the traffic police can be found here.

Claim for illegal drawing up of protocol

The general form for filing a complaint against a traffic police officer is identical, regardless of the situation. However, the specifics when filling out documents may change. So, if a traffic police officer illegally drew up a protocol, the text of the appeal will have to indicate the document number, as well as describe in detail all the nuances of what happened, referring to the norms of the current legislation. At the end of the application, you will need to state the requirements and provide links to papers that serve as evidence.

Complaints against a traffic police officer for illegally drawing up a protocol can be found here.

The procedure for appealing the actions of a traffic police officer

All such appeals are considered within the framework of civil proceedings. To carry it out, the statement itself will be sufficient, indicating the need to recognize the actions of a law enforcement officer as unlawful and not in compliance with the requirements of the law. The same applies to the inspector’s inactions. If any harm was caused, then it is necessary to demand compensation in full, including moral damage.

Once a positive response is received, it will be possible to send it to the appropriate traffic police department where the inspector works, as well as to the prosecutor’s office. This is done so that disciplinary measures are applied to him.

It is worth remembering that in order for the court to begin considering your complaint against the actions of the traffic police inspector, you will need to pay a state fee, the amount of which is 300 rubles. When additional requirements are stated in the application, the amount of the fee may be increased.

Free legal advice over the phone will resolve any of your controversial issues if you have any complaints about the actions of a traffic police officer.

Deadlines for filing a complaint

The actual time frame for filing a complaint, as mentioned above, is ten days.

In our case, when a “chain letter” arrives, this period is counted from the moment the decision was received.

If you violate the specified deadlines, you need to submit an application to restore the appeal period, but you will have to prove that the driver was physically unable to do everything on time.

To do this, you need to attach documents about going on a business trip, vacation, or sick leave.

Important: the complaint must indicate the name of the authority to which it will be sent. This is the traffic police or the court.

You also need to put down the date, number of the resolution, and give arguments that can be considered in favor of the driver.

Sample complaint to the traffic police

When writing a statement of claim, you should use the correct sample complaint, and also be guided by the requirements of civil procedural legislation. But there is no clear indication of how and in what form the complaint is submitted. Thus, it is best to take into account the general rules that are provided for this type of document. Among the main and very important details are:

The court authority you are applying to, postal address, and mail details.
On whose behalf the appeal is made. The full surname, first name and patronymic, place of registration, full address of residence, which may differ from each other, and any possible contact information (e-mail, home and mobile phone, fax, etc.) are indicated.
Information about the persons whose actions will be appealed. If possible, reflect the maximum known information about the inspector in order to identify him (last name, first name and patronymic, position, rank, place of work, badge number, certificate, information about the vehicle the inspector was driving, possible contact details, residence address and much more that will help the court consider the application on its merits).

As for the content of the complaint itself, the circumstances of the events that occurred, the place, time, date, and documents drawn up that may be attached to the application are indicated. The more reliable data and evidence is provided, the greater the likelihood of consideration in your favor. We have already presented a sample complaint about the actions of the traffic police above.

How to compose and direct?

The specifics of drawing up a request are regulated by Article 7 of the Federal Law “On the Procedure for Considering Citizens’ Appeals.” Thus, the first paragraph of this article states that the appeal must contain the full name of the government body to which the request is submitted, and (or) the last name, first name, patronymic and position of the responsible person. It is also necessary to indicate the applicant’s full name, his postal address, then state the essence of the issue, sign and date. In general, the request should consist of 3 parts, in accordance with the template:

A header indicating the full name of the organization and (or) the position of the responsible person, his full name, as well as the applicant’s full name, his address and contact phone number.
The main body, which sets out the essence of the request in the form: “Please provide me with information from the traffic police MREO database about the availability of vehicles registered in my name. The certificate is required to be submitted to the tax authority.” If the applicant wishes to have the application sent to him by mail or e-mail, he must additionally indicate “Please send a response to my email inbox...”.
The conclusion, where the attachments (list of documents attached to the request) are indicated, dated, signed and decrypted.

Instead of an email address, a regular address may be provided so that the applicant can receive a response by regular mail. In any of the cases, the document will have legal force, and it can be used to provide it at the place of request (to the tax office, prosecutor, investigator, and so on). There are several ways to submit a written request:

Personal visit to the traffic police department;
Sending an application by registered mail;
Sending an application by email;
Contact via the electronic communication form on the official website of the State Traffic Safety Inspectorate.

The easiest way to contact is through the electronic communication form on the traffic police website. To do this, you need to go to the official website of the State Traffic Safety Inspectorate of Russia (or the State Traffic Safety Inspectorate of a specific region) and under the “Contacts” section, select the “Submit a request” tab. A window will open where the system will prompt you to familiarize yourself with the conditions for submitting an electronic appeal, after reading which you must check the box next to the item “I have read the conditions” and click “Submit an appeal.” A window will open with a form for filling out data. The form is no different from the written one; here you will also need to indicate the full name of the department (select from the list provided), indicate the full name and position of the person to whom the request is being submitted, indicate your personal data, and so on.

According to paragraph 1 of Article 12 of the Federal Law “On the Procedure for Considering Citizens’ Appeals,” the state body (in this case, the traffic police) is obliged to provide a written response no later than 30 calendar days from the date of registration of the application. In turn, registration of the application must be carried out within 3 calendar days from the date of its submission. The above applies to all types of applications, regardless of how they were submitted to the traffic police.

Recommendations for compilation

The main part of the complaint is the most effective arguments for the court. When compiling it, you should be guided by certain recommendations that will help you write the document accurately and correctly. There is no need to show your emotions here, but you should write only to the point, without exaggeration. It is best to avoid the use of interjections such as trouble, yes, horror and others.

It would be a good idea to provide the written complaint to a lawyer you know. He will read it and give his assessment, based on the results of which some adjustments may have to be made. Instead of a lawyer, it will be enough to find a truly competent person who can find errors in the text.

In order not to waste a lot of time, you should not write by hand, but type on a computer, especially since high technologies are increasingly spreading in our lives. This will allow you to make some changes to the document before the final version. Even spelling errors can be checked correctly using smart technology.

It is not permissible to insult inspectors who, in your opinion, were wrong in your application. Yes, and postscripts in the form of a bribe taker or an idiot may no longer be regarded in your favor. After all, in this case all the signs of insult appear. And accusing a person of committing a crime will not be correct if it did not actually happen.

If you yourself do not have the right to present evidence of the illegality of the actions of a traffic police officer, you can petition the court to do so as part of the consideration of the case. The most important thing is that you cannot do this on your own. The petition itself displays information about where documents or other types of information may be located. This may also include recordings from CCTV cameras, DVR recordings in the inspectors’ car or nearby cars.

Witness testimony can also be critical. And these witnesses can legally be those persons who were in the vehicle with you.

In addition to the written complaint, all possible documents proving your case are attached. But they must be attached with an inventory and numbering. If the document is sent through the post office, then it is best to use registered mail along with a notification. Subsequently, you will be able to obtain information about which body received your complaint for consideration.

The response received from the traffic police to the complaint

Once a complaint to the traffic police is accepted, there is a set period of 30 days for its consideration. You will need to receive a written response about the decision made: recognition of the inspector’s actions as illegal, recognition of the complaint itself as unfounded.

But even if you are not satisfied with the answer received, you have a ten-day period to appeal the decision. True, in addition to this, it is best to find some other important evidence, as well as provide testimony in your favor. It would also be a good idea to take advantage of free legal advice over the phone from professional lawyers.

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Where to complain?

Obviously, only at the traffic police. It is this structure that is responsible for traffic violations, and only employees of the Ministry of Internal Affairs can attract a violator and issue him a fine or even deprive him of his license or arrest him in a number of rare cases.

There are 2 main and only directions in this matter:

complaint about traffic violations online on the official website of the traffic police,
complaint by direct (paper) application submitted to the nearest traffic police department.

Let's first consider the online application procedure.