What happens if you refuse to present your license to a traffic police inspector?

Do they have the right

To answer this question, you should refer to two documents: Order of the Ministry of Internal Affairs No. 664 of August 23, 2021 and the federal law “On the Police”. These legal acts fully regulate the actions of an accident officer who stops a car.

Thus, paragraph 6.13 of the order states that the inspector has the right to use any video and audio equipment, including even special equipment that does not cause damage to human life and health, or the environment. If everything is clear with the equipment that allows you to capture the voice and what is happening, then special equipment in this case includes certified measuring instruments.

Mobile phones are not classified as special equipment, and, accordingly, they do not have to be certified.

Article 13, paragraph 33 of the Law “On the Police” also notes that a police officer has the right to use photo and video recording equipment. The 40th paragraph provides that in the absence of witnesses, the inspector can even use a mobile phone to film what is happening. Moreover, filming can be carried out both after the car stops and before. That is, we are talking about the traffic police officer recording the violation itself. This is provided for in Article 28.1 of the Administrative Code. In this case, the device on which the recording is made for later use as evidence does not matter.

POWERS OF THE STSI

The State Traffic Safety Inspectorate of the Ministry of Internal Affairs of the Russian Federation (State Traffic Inspectorate, State Traffic Safety Inspectorate) carries out special control, supervisory and licensing functions in the field of ensuring road safety.

The traffic police performs responsibilities in the field of road safety and public safety, in particular:

CONTROLS THE CONSTRUCTION, CONDITION AND REPAIR OF HIGHWAYS;
MONITORS THE STRUCTURES AND TECHNICAL CONDITION OF MOTOR VEHICLES IN OPERATION;
CONTROLS, WITHIN ITS COMPETENCE, THE TRANSPORTATION OF HEAVY, DANGEROUS AND LARGE-SIZED CARGO;
TAKES QUALIFICATION EXAMINATIONS FOR OBTAINING THE RIGHT TO DRIVE A MOTOR VEHICLE, ISSUES DRIVER'S LICENSE;
PRODUCTS REGISTRATION AND ACCOUNTING OF MOTOR VEHICLES;
ORGANIZES AND CONDUCT STATE TECHNICAL INSPECTION OF MOTOR VEHICLES;
REGULATES TRAFFIC;
PARTICIPATES IN EVENTS TO PROTECT PUBLIC ORDER AND ENSURING PUBLIC SAFETY;
ORGANIZES AND CONDUCTS A SEARCH FOR VEHICLES THAT ARE STOLEN OR ESCAPE FROM THE SCENE OF A VIOLATION;
CONDUCTS PROCEEDINGS IN CASES OF ADMINISTRATIVE OFFENSES.

Traffic police officers, as well as local police officers, are authorized to draw up protocols on administrative offenses in the field of traffic. When performing their duties, employees must be in uniform, with a badge, and have a service ID.

When State Traffic Inspectorate employees perform actions directly related to traffic control, the use of vehicles other than patrol cars is not permitted. When monitoring traffic using a patrol car that has a special color scheme, it must be placed in a stationary position in such a way that it is clearly visible to road users and there is an opportunity for timely suppression of the offense. Actions by employees that entail intentional interference with the recognition by road users of a special color scheme or stationary devices for giving special sound and light signals of a patrol car are not allowed. When monitoring traffic, a squad of officers in a patrol car without a special color scheme ensures its interaction with other squads (stationary, pedestrian posts, squads in patrol cars with a special color scheme), which, if necessary, stop the vehicle and formalize an administrative offense.

In the dark and in conditions of limited visibility, the employee must serve on illuminated sections of roads, have a luminous rod and reflective equipment.

Technical means for traffic control related to measuring instruments must be certified as a measuring instrument, have a valid verification certificate issued by the Federal Agency for Technical Regulation and Metrology (stored in the department), and be used in accordance with the instructions and methodological instructions on the procedure for using these funds. The use of technical means not provided for by the regulations when monitoring road traffic is not permitted.

When detecting a violation of traffic rules, a traffic police officer:

STOPS A VEHICLE, A PEDESTRIAN FOR THE PURPOSE OF SUPPRESSING THIS VIOLATION AND IMPLEMENTING PROCEEDINGS ON AN ADMINISTRATIVE OFFENSE;
TRANSMITS INFORMATION ABOUT THE VIOLATION TO ANOTHER EMPLOYEE OR TO THE DUTY UNIT (WHEN IT IS NECESSARY TO SUPPRESS THE VIOLATION AND IT IS IMPOSSIBLE TO TAKE INDEPENDENT MEASURES TO STOP THE VEHICLE).

When on duty, traffic police officers have the right to:

LIMIT OR TEMPORARILY PROHIBIT TRAFFIC, CHANGE ITS ORGANIZATION ON SPECIFIC ROADS SITES DURING MASS EVENTS AND IN OTHER CASES IN ORDER TO CREATE THE NECESSARY CONDITIONS FOR THE SAFE MOVEMENT OF VEHICLES AND PEDESTRIANS OV OR IF THE USE OF VEHICLES THREATENS ROAD SAFETY, AND AT RAILWAY CROSSINGS, DO NOT IN CONFORMITY WITH THE RULES OF CONTENTING THEM IN A SAFE CONDITION FOR ROAD TRAFFIC, LIMIT OR PROHIBIT REPAIR, CONSTRUCTION AND OTHER WORK ON THE ROADS, CARRIED OUT IN VIOLATION OF THE REQUIREMENTS OF REGULATIVE LEGAL ACTS;
PROHIBITED THE TRANSPORTATION OF LARGE, HEAVY OR DANGEROUS CARGOES IF FAILED TO COMPLY WITH SAFETY REQUIREMENTS;
PROHIBIT THE OPERATION OF VEHICLES WITH TECHNICAL DEFECTS THAT CREATE A THREAT TO ROAD SAFETY AND IN OTHER CASES PROVIDED BY LEGISLATION;
STOP VEHICLES TO CHECK DRIVERS' DOCUMENTS PROVIDED BY THE TRAFFIC RULES, INCLUDING THE INSURANCE POLICY OF COMPULSORY CIVIL LIABILITY INSURANCE, AND SEIZE THEM IN CASES ESTABLISHED BY LEGISLATION;
REMOVE DRIVERS FROM DRIVING:
IN REGARD TO WHICH THERE ARE SUFFICIENT REASONS TO BELIEVES THAT THEY ARE IN A STATE OF INTOXICATION;
DO NOT HAVE DOCUMENTS FOR THE RIGHT TO DRIVE OR USE A CAR OR INSURANCE POLICY FOR COMPULSORY CIVIL LIABILITY INSURANCE;
DRIVERS DRIVING VEHICLES WITH KNOWLEDGELY DEFECTIVE BRAKE SYSTEM (EXCEPT PARKING BRAKE), STEERING OR COUPLING DEVICE (IN A TRAIN);

TEST FOR ALCOHOL OR DRUG INFLUENCE OF DRIVERS WHO CREATE A THREAT TO ROAD SAFETY, SEND (DELIVER) THEM TO MEDICAL INSTITUTIONS;
USE OPERATIONAL-TECHNICAL AND SPECIAL MEANS TO IDENTIFY AND FIX TRAFFIC VIOLATIONS, MONITOR THE TECHNICAL CONDITION OF VEHICLES;
DETAIN AND INSPECT CITIZENS AND VEHICLES IN CASES ESTABLISHED BY LEGISLATION;
CALL CITIZENS AND OFFICIALS TO THE STATE AUTO AUTO INSPECTION FOR CASES AND MATERIALS UNDER PROCEEDINGS, AND RECEIVE FROM THEM THE NECESSARY EXPLANATIONS, REFERENCES, DOCUMENTS (COPIES OF THEM);
DRAFT PROTOCOLS ON ADMINISTRATIVE OFFENSES, AND ASSIGN ADMINISTRATIVE PUNISHMENTS WITHIN THEIR COMPETENCE;
PROHIBITED, INCLUDING THE REMOVAL OF STATE REGISTRATION PLATES (UNTIL THE REASONS ARE ELIMINATED), THE OPERATION OF VEHICLES:
HAVING HIDDEN, FAKE, ALTERED NUMBERS OF UNITS AND UNITS OR STATE REGISTRATION PLATES;
WITH INCONSISTENCY OF VEHICLE MARKINGS WITH THE DATA SPECIFIED IN THE REGISTRATION DOCUMENTS;
IN OTHER CASES PROVIDED BY LEGISLATION;

Use cars of citizens (if necessary - with the removal of the driver from management) for delivery to medical institutions of citizens who need urgent medical care, as well as in other emergency cases provided for by law.

Note. Traffic police officers do not have the right to use special-purpose vehicles or those belonging to diplomatic, consular and other missions of foreign states or international organizations for these purposes.

Police officers have the right to use special equipment available in their weapons to:

REFLECTING ATTACKS ON CITIZENS AND POLICE EMPLOYEES;
SUPPRESSING A CRIME OR ADMINISTRATIVE OFFENSE;
SUPPRESSING RESISTANCE TO A POLICE OFFICER;
DETENTION OF PERSONS CAUGHT COMMITTING A CRIME AND TRYING TO HIDE;
DETENTION OF PERSONS WHO CAN PROVIDE ARMED RESISTANCE;
DELIVERY TO THE POLICE, CONVOYING AND PROTECTING PERSONS DETAINED, ARRESTED OR IMPRISONED, AND ALSO FOR THE PURPOSES OF SUPPRESSING AN ATTEMPT TO ESCAPE, IN THE EVENT A PERSON RESISTS A POLICE OFFICER, CAUSES HARM TO OTHERS OR HIMSELF;
RELEASE OF FORCALLY DETENTED PERSONS, SEIZED BUILDINGS, PREMISES, STRUCTURES, VEHICLES AND LAND;
SUPPRESSING MASS DISORDERS AND OTHER ILLEGAL ACTIONS DISRUPTING TRAFFIC TRAFFIC, THE OPERATION OF COMMUNICATIONS AND ORGANIZATIONS;
STOPPING VEHICLES WHOSE DRIVERS HAVE NOT COMPLIED WITH THE REQUIREMENT TO STOP
IDENTIFYING PERSONS WHO COMMITTE OR HAVE COMPLETED CRIMES OR ADMINISTRATIVE OFFENSES;
PROTECTING PROTECTED OBJECTS, BLOCKING THE MOVEMENT OF GROUPS OF CITIZENS COMMITTING ILLEGAL ACTIONS.

The following can be used as special means:

SPECIAL (FOR EXAMPLE RUBBER) STICKS;
SPECIAL GAS PRODUCTS (E.G. TEAR GAS);
MOBILITY RESTRAINTS (E.G. HANDCUFFS);
SPECIAL COLORING AND MARKING PRODUCTS;
ELECTROSHOCK DEVICES;
LIGHT SHOCK DEVICES;
SERVICE ANIMALS;
LIGHTING AND ACOUSTIC SPECIAL EQUIPMENT;
MEANS FOR FORCED STOPPING OF TRANSPORTATION;
MOVEMENT CONTRACTORS;
WATER JETS;
ARMORED VEHICLES;
MEANS OF PROTECTING PROTECTED OBJECTS (TERRITORIES), BLOCKING THE MOVEMENT OF GROUPS OF CITIZENS COMMITTING ILLEGAL ACTIONS;
MEANS OF DESTROYING BARRIERS.

It is prohibited to use special means:

IN RELATION TO WOMEN WITH VISIBLE SIGNS OF PREGNANCY, AS WELL AS INNOVATIONS AND PERSONS WITH OBVIOUS SIGNS OF DISABILITY, EXCEPT IN CASES OF ARMED RESISTANCE, GROUP OR OTHER ATTACK;
WHEN SUPPRESSING ILLEGAL ASSEMBLY, MEETINGS, DEMONSTRATIONS, PROCESSES AND PICKETING OF A NON-VIOLENT CHARACTER, WHICH DO NOT VIOLATE PUBLIC ORDER, OPERATION OF TRANSPORT, COMMUNICATIONS AND ORGANIZATIONS.

A police officer has the right to use firearms in the following cases:

TO PROTECT CITIZENS OR YOURSELF FROM INFRINGEMENT IF IT INCLUDES VIOLENCE DANGEROUS TO LIFE OR HEALTH;
TO SUPPRESS AN ATTEMPT TO CAPTURE WEAPONS, VEHICLES, SPECIAL AND COMBAT EQUIPMENT OF THE POLICE;
TO RELEASE HOSTAGES;
FOR DETENTION OF A PERSON CAUGHT COMMITTING AN ACTION CONTAINING SIGNS OF A GREVIOUS OR ESPECIALLY SERIOUS CRIME AGAINST LIFE, HEALTH OR PROPERTY, AND TRYING TO HIDE, IF OTHER MEANS DETAIN THIS PERSON WITHOUT REPRESENTATION IS POSSIBLE;
FOR THE DETENTION OF A PERSON PROVIDING ARMED RESISTANCE, AS WELL AS A PERSON WHO REFUSES TO COMPLY WITH THE LEGAL REQUIREMENT TO SURRENDER THE WEAPONS, AMMUNITION, EXPLOSIVES, EXPLOSIVE DEVICES, TOXIC OR RADIOACTIVE SUBSTANCES;
TO REFLECT A GROUP OR ARMED ATTACK ON BUILDINGS, PREMISES, STRUCTURES AND OTHER OBJECTS OF STATE AND MUNICIPAL BODIES, PUBLIC ASSOCIATIONS, ORGANIZATIONS AND CITIZENS;
TO SUPPRESS ESCAPE FROM PLACES OF DETENTION OF SUSPECTED AND ACCUSED OF CRIMES OR ESCAPE FROM CONVOY OF PERSONS DETAINED ON SUSPECTION OF COMMITTING A CRIME, PERSONS AGAINST WHOM THE PRESS MEASURE IS APPLIED TERMS IN THE FORM OF IMPRISONMENT OF PERSONS SENTENCED TO IMPRISONMENT OF LIBERTY AND ALSO TO SUPPRESS THE ATTEMPT OF FORCED RELEASE OF THE SPECIFIED PERSONS;
TO STOP (BY DAMAGE) A CAR, THE DRIVER OF WHICH CREATES A REAL DANGER TO PEOPLE’S LIFE AND HEALTH AND DOES NOT OBEY REPEATED REQUIREMENTS TO STOP;
TO REMOVAL ANIMAL THAT THREATENES THE LIFE AND HEALTH OF CITIZENS;
TO DESTROY LOCKING DEVICES, ELEMENTS AND STRUCTURES THAT PREVENT PENETRATION INTO RESIDENTIAL AND OTHER PREMISES ON THE GROUNDS PROVIDED BY LAW;
TO FIRE A WARNING SHOT, SOUND AN ALARM, OR CALL FOR HELP BY FIRING A SHOT UPWARD OR IN OTHER SAFE DIRECTION.

It is prohibited to use firearms in large crowds of people, if as a result of its use random persons may be injured, as well as against women, persons with obvious signs of disability and minors, when their age is obvious or known, except in cases of armed resistance, armed or group attack, threatening people's lives.

When using physical force, special means or firearms, a police officer is obliged to:

TO WARN ABOUT THE INTENTION TO USE THEM IF DELAY IN THEIR USE WILL NOT CREATE AN DIRECT THREATEN TO THE LIFE AND HEALTH OF CITIZENS AND WILL NOT RESULT IN OTHER SERIOUS CONSEQUENCES;
STRIVE TO KEEP DAMAGES TO KEEP THE MINIMUM POSSIBLE;
PROVIDE PERSONS WHO HAVE BEEN BODILY INJURED WITH FIRST MEDICAL CARE AND NOTIFY THEIR RELATIVES AS SOON AS POSSIBLE.

In all cases of death or injury, the police are obliged to notify the prosecutor and close relatives of the injured citizen within 24 hours.

Responsibilities of traffic police officers

When a traffic police inspector stops a car and intends to resort to video recording, he is obliged to notify the driver about this. This rule is prescribed in paragraph 38 of the Administrative Regulations. Moreover, he must inform all other participants in the situation about the recording. If there are witnesses present at the scene, they must also be notified.

Even before filming begins, the employee must announce what exactly he is going to do: take photographs or make video recordings. He is also obliged to provide information about the brands and models of the funds for which the recording is made. For example, iPhone6 or Sony FDR-AX700 video camera. If the inspector silently begins filming without saying anything to the driver, he has the right to demand that he comply with the regulations of this procedure, based on the specified norm of the law.

The traffic police officer is not obliged to show the driver the video recording he made. There is no such provision in the law. However, if necessary, you can ask him about it. Often the inspector himself insists that the driver view it in order to convince him of the offense committed.

After the recording is completed, the traffic police officer must attach the video to the protocol or the certificate of examination for alcohol intoxication. It must be copied to disk and packed in an envelope with the appropriate marking.

If you shoot, shoot to the end!

An important circumstance when conducting video filming by a traffic police inspector is its continuity. If an employee begins to record, then each action must be filmed to the end.

When a state traffic inspector pauses in recording or completes one recording and begins recording another file, the driver has the right to make a corresponding comment directly in the protocol. To the point of writing about it with a pen when signing the protocol.

In the future, he can appeal to this circumstance in court, insisting that the video recording be recognized as inadequate evidence. The bottom line is that if the recording shows signs of editing or is incomplete, if it does not contain any important nuances, the court cannot accept it as full-fledged evidence.

In addition, you need to remember that the driver himself has every right to film, provided that he does not interfere with the legal actions of traffic police officers.

From the above it follows that State Traffic Inspectorate employees have every reason to film a traffic incident. They can film using both special equipment and mobile phones. Car owners have the same right. Therefore, if inspectors stop you and start filming, you should take this calmly. If you want, you can start filming in response. The main thing is to be polite and confident in your rights.

How to behave correctly with a traffic cop

I like the advice of one of my friends, who, every time a comrade with a rod orders him to stop, immediately starts the same song: “Aren’t you a werewolf in uniform?” What is the reason for stopping if I have not violated anything? Give your boss's phone number and last name. I'll find out everything now.

The “werewolves” were a little crazy from the pressure, but there was nowhere to go. The conversation usually took a peaceful course: the “werewolves” calmly checked the documents through the driver’s window, which was slightly lowered, and then both parties peacefully parted ways, quietly wandering around. The cops are because of the arrogance of the potential victim, and the actual victim is not because the pre-stocked “trick” worked so well.

In order to apply this scenario, you need to have a fairly representative appearance, healthy courage and radiate confidence. And this is, unfortunately, not always observed in our drivers - of both sexes. For those who do not have such “arrogance”, I would venture to suggest a different psychotype of behavior: a kind of bore who has gained enough knowledge of traffic rules, knows some of the job descriptions of traffic police officers and is ready to do everything to ensure that they get stuck in this legal quagmire. Our valiant traffic cops really don’t like to get involved with such people: there is no pleasure, and, as a rule, zero money. And it’s a hassle to listen to the endless song of this amateur lawyer who came from nowhere. And the main nasty thing is that the viper is telling the truth! For example, he doesn’t believe it when he, a respected man in uniform, claims that if everything is done according to the law, officially, the amount of the fine will be so much. This boring driver, with an elusive movement, takes out a document printed on a printer from the glove compartment of the car, and nasally asserts (and you can’t dig it!) that the amount of the fine for such a violation of the rules is exactly half that. Moreover, he did not commit this violation. Having become embittered, the traffic cop may take the path of escalating the conflict: demand to open the trunk in the hope of finding at least some kind of disorder there. The bore again does not argue: he gets out of the “car”, carefully locks it and begins to explain to the saddened law enforcement officers that he will gladly fulfill this requirement, but in compliance with all procedures provided for by law: witnesses are needed, and all actions must be carried out under protocol. Reaction of traffic cops It’s not difficult to predict: during this time, hundreds of cars rush past, the owners of which will gladly satisfy their need for any currency, without making any demands. People with a magic wand in their hands are unlikely to want to waste time (and here traffic cops have the same understanding as the Americans: time is money). So you will leave with your dignity and the virginity of your wallet intact. Another effective technique, but it is suitable for advanced drivers. When going on a journey, especially a long one, it wouldn’t be a bad idea to get a voice recorder. You were stopped, and you go to talk with the inspector, having already turned on this useful device. Even if he discovers a working voice recorder, he should be taken aback with a link to a decree that guarantees the right of citizens to information. This decree really exists and, although it was adopted at the end of the last century, no one has canceled it. No traffic cop likes or wants to speak on the record. And if he starts being rude, demanding that this “disgrace” be stopped, it’s time to ask for the phone numbers of his immediate management and the internal security service of his unit. Next note. How many times have I noticed how drivers, as soon as they were stopped by a traffic cop, begin to fuss and run out of the car to meet the inspector. Here you need to remember: these people are subtle psychologists and they cut through this fussiness instantly. They conclude: the person is not confident in himself, which means he is a potential client. And, if you really didn’t violate anything, in any development of the situation, demand the inspector’s ID and, without haste, enter all his data into your notebook or notebook. Remember: this time for this person from the highway is irretrievably lost. What is time? That's right, money.

By the way, it is not at all necessary to follow the inspector when he offers to draw up a protocol in his car.
Sit in yours, if he really wants to. His work is his problem. If you are offered to pay a fine for dirty numbers, do not rush and do not fuss. Wipe these same numbers with any rag you find and consider the incident over. According to the law, they have no right to send you to a parking lot, nor to collect a fine: you eliminated everything that was required with your own hands. So, good bye, inspector! And, finally, a case when you yourself are to blame: you did not pass the technical inspection on time. It’s already difficult to get out of here. There is one small chance. When a stern traffic cop asks you to screw up the license plates of your car, feel free to give him the tools in his hands: let him screw up himself. The law does not oblige you to this procedure at all. On the contrary, this is his, the guardian of the roads, direct prerogative. If he doesn’t want to get dirty, it’s quite possible that he’ll let him go in good health, limiting himself to a parting word - a wish to undergo this very inspection tomorrow. But for us, simple vagabonds of the roads, why should we wish for more? After all, in the end, the only thing that traffic cops and drivers have in common is that we all live for today, not tomorrow.