The protocol on suspension from driving a vehicle was drawn up at 19.40. The witnesses arrived at 20.10. signed the protocol. Is this legal?

Administrative liability is provided for failure to comply with the traffic rules of the Russian Federation. The law allows representatives of the State Traffic Inspectorate to remove a driver from driving a vehicle. This is one of the methods of administrative punishment. After being suspended from driving, a person will not be able to drive until the reason that led to the application of the measure is eliminated.

The grounds for removal from driving a vehicle are recorded in a resolution drawn up by traffic police officers. A person can be suspended from driving only in compliance with established standards.

What is a driving suspension?

The definition of the concept follows from the provisions of Article 27.12 of the Code of Administrative Offenses of the Russian Federation. Removal from driving a vehicle is a punishment for committing a number of administrative offenses, entailing temporary deprivation of the right to drive a car. The restriction can be imposed on the driver of any vehicle:

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• passenger car or truck;
• river boat;
• bus;
• tram;
• other vehicles.

Removal from driving is carried out to prevent more serious administrative offenses that could result from continued driving. A traffic police officer or other person monitoring compliance with Russian Federation traffic regulations has the right to apply punishment. The measure is temporary. Once the violation is corrected, access to driving will be restored.

Code of Administrative Offenses of the Russian Federation on removal from driving a car

The issue is addressed in Article 27.12 of the Code of Administrative Offenses of the Russian Federation. It says here that removal from driving a vehicle is a punishment that is used to prevent the occurrence of serious violations or accidents. The essence is temporary deprivation of the ability to drive a car. Typically, the measure is applied if there are prerequisites for the occurrence of a violation, or it has already been committed, but continued driving is associated with more serious risks.

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Any person who has the right to monitor compliance with traffic rules of the Russian Federation can be removed from driving a vehicle. Traffic police inspectors have such powers. They are the ones who interact with drivers and take action if violations are detected.

The procedure does not entail deprivation of rights for a certain period. As soon as the person eliminates the violation for which the penalty was imposed, he will be able to drive again. For a measure to be applied, certain conditions must be present. Their list is also regulated by the Administrative Code. It is worth paying attention to the following chapters:

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Grounds and reasons

The list of grounds for applying suspension from driving a vehicle is given in Article 27.12 of the Code of Administrative Offenses of the Russian Federation. Punishment will be imposed on the offender in the following situations:

1. The car is driven by a citizen who was previously deprived of the right to drive a car, and the deadline for returning the license has not yet arrived (Article 12.7 of the Code of Administrative Offenses of the Russian Federation).
2. The representative of the State Traffic Inspectorate has reason to believe that the person is intoxicated. Moreover, it does not matter whether it is narcotic or alcoholic (Articles 12.8 and 12.26 of the Code of Administrative Offenses of the Russian Federation). The citizen will be asked to undergo a medical examination.
3. A person operates a vehicle knowing that the brakes, clutch or steering are defective. This leads to danger for the owner of the car and other road users (Article 12.5 of the Code of Administrative Offenses of the Russian Federation).
4. The citizen does not have a complete list of documentation with him, which must be in the car (Article 12.3 of the Code of Administrative Offenses of the Russian Federation). The list of required papers is presented in clause 2.1.1 of the Russian Traffic Regulations.
5. The car is driven by a person who does not have a license (Article 12.7 of the Code of Administrative Offenses of the Russian Federation).

If a representative of the State Traffic Inspectorate suspects that the driver is drunk, the citizen is removed from driving the car and sent for examination. The reasons for making such a decision are:

• presence of the smell of alcohol;
• postural instability or inability to maintain an upright position;
• behavior inappropriate to the situation;
• the color of the skin is changed;
• impaired clarity of speech.

Continuing to drive in this condition may result in a serious accident. Therefore, even the most insignificant sign is taken into account.

The removal is carried out in the presence of two witnesses. If it was not possible to involve them in the proceedings, video recording is made. It is mandatory to draw up a protocol on removal from driving a car.

The examination is carried out in accordance with the standards of the Government of the Russian Federation No. 475 of June 26, 2008 and clauses 227-232 of the Administrative Regulations of the State Traffic Safety Inspectorate. Before the procedure begins, the traffic police officer must explain what he plans to do, as well as demonstrate the measuring device, presenting documents for it and showing that the stamp is intact.

Then measurements are made taking into account the instrument error. Based on the results of the procedure, an inspection report is drawn up. The document must be signed by witnesses, if present, the inspector and the driver.

If the driver does not agree with the results obtained, he may request an examination at a medical institution, where a traffic police representative must take the citizen. If intoxication is confirmed, the car will be taken to the impound lot. The exception is when there is someone to replace the driver. A citizen who has a license and is included in the MTPL insurance can take control of the car. In this case, the car will not be taken away.

If the examination does not confirm the fact of intoxication, the driver will be able to continue driving. A representative of the State Traffic Inspectorate is obliged to deliver the person to the place where the car was left.

Total time of suspension

Modern legislation provides for a temporary period of removal of a driver from driving his vehicle.

If a person does not have documents to drive a car, the period of suspension will be equal to exactly the time when all the missing documents are provided.

In addition, the period of the driving ban will end if the driver transfers the right to drive a vehicle to another person who has all the required documents at his disposal.

Normative base

Representatives of the State Traffic Inspectorate are guided by the provisions of the Traffic Regulations of the Russian Federation and Federal Law No. 196 of December 10, 1995 “On Road Safety”. If the rules enshrined in the above regulations are violated, punishment is imposed. The possibility of removing a driver from driving a vehicle is provided for in Article 27.12 of the Code of Administrative Offenses of the Russian Federation.

The conditions under which it is permissible to remove a driver from driving a vehicle are reflected in the following chapters of the Code of Administrative Offenses of the Russian Federation:

• ;
• ;
• ;
• ;
• .

Can a protocol be drawn up without witnesses?

The process of removing a driver from driving a car is regulated by the provisions of the “Administrative Regulations of the State Traffic Safety Inspectorate”.

Remember! Paragraph 127 states the following:

• The removal of a person from driving a car is carried out by the inspector immediately after clarification of the circumstances in the presence of two witnesses. The ban applies until the violations are eliminated,
• With the development of technology, video recording has become an alternative to the presence of two witnesses. Courts regard the relevant video recordings as evidence, but in practice there are situations where the absence of witnesses in the presence of a video recording was regarded as a violation. In paragraph 2 of Art. 27.12 of the Code of Administrative Offenses of the Russian Federation establishes the possibility of using video recordings,
• removal from driving a vehicle is carried out by relevant officials in the presence of two witnesses or using video recording.

Procedure for removal from driving a vehicle

The process of removal from driving a car is carried out in accordance with the norms of clauses 223-226 of the Administrative Regulations, approved by Order of the Ministry of Internal Affairs of the Russian Federation No. 664 of August 23, 2021.

If grounds have been identified that allow the measure to be applied, a representative of the State Traffic Inspectorate will draw up a protocol. The document is drawn up in the presence of two witnesses - disinterested persons involved to certify the procedure being carried out. The person playing this role must be of legal age. Only uninterested persons can act as witnesses. Their participation is recorded in the minutes. If the case comes to trial, the witness may be questioned as a witness (Article 25.7 of the Code of Administrative Offenses of the Russian Federation). If there are no witnesses, video recording is allowed (Article 27.12 of the Code of Administrative Offenses of the Russian Federation).

The protocol contains the following information:

• stopping place;
• date and time of detention;
• personal information of the driver and traffic police officer;
• reason for removal from management.

When the paper is completed, a representative of the State Traffic Inspectorate signs it and hands it to the detained driver. The citizen must familiarize himself with the document. If all points are true, the driver will be asked to sign a document. A citizen has the right to refuse to carry out manipulation. In this case, a mark is placed at the place of signature confirming the fact of refusal. A copy of the completed protocol is provided to the offender.

The car is taken to the impound lot. It will remain here until the violation is corrected. The procedure can be avoided if a citizen is present who can replace the driver removed from driving. People who have a driver's license and registered insurance have the right to drive. The person must arrive at the place where the offense was registered before the vehicle is towed to the impound lot. Otherwise, you will have to pick up the vehicle in the standard manner.

What to do after being removed from control

If you have been suspended from driving, you must eliminate the reason for which this measure was applied, after which you will be able to drive again.

Suspension is a temporary measure, its duration is limited to the moment the cause is eliminated. If a driver has been suspended from driving due to drunk driving, he will be able to drive once he returns to normal driving conditions.

However, after the court decision to deprive such a person of a driver’s license comes into force, he will no longer be able to drive a car.

Important! Until the driver has surrendered his license, he has the right to use it. If there is no resolution and the license is withdrawn, a temporary document should be required to drive the vehicle.

Drawing up a protocol on suspension from driving a vehicle

The protocol is drawn up in accordance with clause 225 of the Administrative Regulations of the Ministry of Internal Affairs. It is recommended to use a sample to complete the document. It is reflected in provision No. 14 of the above-mentioned legal act. The State Traffic Inspectorate employee who stopped the offender has the right to draw up a protocol on suspension from driving a vehicle. The document reflects the following information:

1. The time the offender was detained and the place where the vehicle was stopped. If the situation occurred in a populated area, the street and number of the nearest building are recorded. When a violator is stopped on a highway, its name, kilometer number and other features that allow the location to be identified are indicated.
2. The reason that led to the decision to remove the driver from driving the vehicle.
3. Information about the State Traffic Inspectorate employee who compiled the protocol. The document records the position, rank, division to which it belongs, as well as the full name.
4. Information about the driver against whom administrative punishment is applied. The protocol form includes your full name, date and place of birth, residential address, employment information, telephone number for operational communication.
5. Information about witnesses. The inspector will write down your full name, place of residence and telephone number.

The driver can monitor the preparation of the protocol. Providing false information or failure to comply with the rules for removal from management may be grounds for invalidating the document.

The protocol on suspension from driving a vehicle can be found here.

If a person has committed an offense, but a report has not been drawn up, it will not be possible to bring the person to justice. Clause 225 of Order No. 664 of the Ministry of Internal Affairs of the Russian Federation prescribes the mandatory execution of a document. If a person is openly drunk, and a representative of the State Traffic Inspectorate does not remove him from driving a car, the representative of the authorized body may be accused of negligence.

Removal from management and prohibition of operation

The vehicle will be kept in the impound lot for the period of suspension.

The above violations provide for not only a temporary ban for the driver, but also for further operation of the car. He must be evacuated to the impound lot until the causes are eliminated.

Having corrected these grounds, the driver will be able to return the vehicle. The decision to evacuate and ban will be lifted.

1. Survey. To disqualify a person from driving on the grounds of intoxication, the offender must be sent for examination. If he refuses to undergo it, or shows a negative result, the citizen undergoes an additional medical examination, based on the results of which an appropriate decision is made.
2. Drawing up a protocol. Its sample was approved in accordance with Order of the Ministry of Internal Affairs of the Russian Federation No. 185. It is required to correctly draw up not only a protocol, but also a document according to which the offender is sent for a medical examination. The protocol contains information about the offense:
   Date, place (road or street) and time of detection of this fact.
3. The basis on which this decision was made, indicating the circumstances (smell, behavior, refusal to assist traffic police officers).
4. Information about the inspector himself who stopped the car and made this decision (rank and initials of the employee).
5. Information about the citizen caught violating the law (full name, passport and contact information).
6. Vehicle data (number, model, etc.).

A copy handed over by a traffic police officer can be used by a citizen to check whether the document is drawn up correctly. To do this, you should check it with the official sample. It is better to do this right away in order to eliminate any violations and illegal actions in a timely manner.

They can draw up a document without witnesses. To do this, one of the inspectors must video record the entire process (inspection, filling out a protocol, citizen behavior). The suspect himself can also film everything that happens, using the recording in the future to prove his own innocence.

Driver's rights and responsibilities

The rights and responsibilities of drivers arise from the rules of traffic rules, the Code of Administrative Offenses of the Russian Federation, as well as other legal acts. A person may:

1. Require the drawing up of a protocol only in the presence of witnesses or during video filming. Failure to follow the rule is considered a violation.
2. Ask to provide all materials compiled during the registration of an administrative offense.
3. Request an examination at a medical institution if removal from control is carried out due to suspicion of intoxication.

The driver is obliged to comply with the traffic rules of the Russian Federation, present, at the request of a representative of the State Traffic Inspectorate, his license, documents for the car and insurance, and not interfere with the drawing up of a protocol and placing the car in the impound lot.

What happens to the car?

If a citizen is suspended from driving a car, the vehicle will be detained. The rule is enshrined in Art. 27.13 Code of Administrative Offenses of the Russian Federation. Part 1 of the above-mentioned legal act provides an exhaustive list of cases in which the measure is applied. All situations that entail disqualification from driving a vehicle are also included in the list.

The process of detaining a car itself is regulated by paragraphs 244-257 of the Administrative Regulations, approved by Order of the Ministry of Internal Affairs of the Russian Federation No. 664 of August 23, 2021. The decision to apply a measure is made by officials who have the right to draw up protocols. The corresponding document is drawn up upon the fact of the detention of the car before it begins to move to a specialized parking lot. If the reason for the detention is eliminated, the evacuation process immediately stops. When the car is outside a populated area, it will be delivered to the nearest city.

A report on the detention of a car is drawn up in the presence of two witnesses. If they cannot be attracted, video recording is used. When the form is filled out, the State Traffic Inspectorate employee signs the document and offers the violator to carry out a similar procedure. If the driver refuses to carry out the action, a note to this effect is made in the protocol. A copy of the paper is given to the violator and the person involved in executing the decision to detain the car. The car owner will be informed where the vehicle will be stored.

How is removal from driving a vehicle carried out?

The procedure for removal from driving a vehicle is regulated by paragraphs 223 - 226 of the administrative regulations of the traffic police:

1. Removal from management is carried out in the presence of two witnesses. Currently, witnesses can be replaced by a video recording of the removal process.

2. When a driver is suspended, an appropriate protocol must be drawn up.

3. The protocol on suspension from driving a vehicle is signed by both the police officer and the driver. If the driver refuses to sign, a corresponding note is made in the protocol.

4. A copy of the protocol is given to the driver.

The process of returning a car from the impound lot

When the violation is corrected, the citizen will be able to pick up the vehicle. The decision to return the car is made by persons who have the right to draw up reports on administrative offenses (Part 3 of Article 27.13 of the Code of Administrative Offenses of the Russian Federation). It is not necessary to pay for evacuation services immediately.

Previously, it was impossible to get a car without paying the required amount. Now it is enough to eliminate the reason for the detention in order for the car to be returned. Federal Law No. 205 of June 23, 2021 made similar adjustments to the legislation.

The step-by-step instructions for returning a car from the impound lot are as follows:

1. The citizen takes with him a driver’s license, compulsory motor liability insurance policy, and PTS and contacts the traffic police department.
2. The inspector checks the documentation and makes sure that the violation has been eliminated.
3. The applicant is provided with a notification certificate allowing him to retrieve the car from the impound lot.
4. After collecting the documents, you need to visit the impound lot where the vehicle was delivered. By presenting the papers, the citizen will receive the car back.

What to do if the suspension from driving a vehicle was unlawful?

If a citizen believes that the traffic police officers acted unlawfully, they can try to appeal the suspension from driving. Filing a complaint is permissible if a violation of rights and freedoms has occurred and the applicant has been unlawfully prosecuted. The list of authorities ready to consider the driver’s appeal is reflected in Art. 53 Federal Law No. 3 of February 7, 2011 “On the Police”. The application can be sent to:

• to a higher official;
• to the prosecutor's office;
• to court.

Clause 246 of the Administrative Regulations of the Ministry of Internal Affairs provides for the possibility of filing a complaint by calling the traffic police hotline. To use it, you need to call 8(800)-222-74-47. If a person plans to file a classic paper complaint, it can be submitted to the authorized body in person or sent by mail.

Complaints about illegal suspension from driving can be found here.

The complaint indicates the address of the sender, records data for operational communication, describes the nature of the illegal actions of the traffic police officer, and also provides grounds confirming the presence of a violation. The person then makes demands. At the end of the document there is a date and signature.

Nuances

In practice, motorists often confuse suspension from driving with deprivation of a driver's license. From a legal point of view, the concepts are radically different. The first measure is considered temporary. It is enough to eliminate the reason that served as the basis for making the decision in order to regain the ability to drive a car.

Getting your license back after deprivation is more difficult. The citizen will have to wait until the end of the deprivation period, comply with all legal requirements depending on the root cause, or challenge the decision.

Rights can only be taken away by court decision. The inspector has the right to remove you from driving a car. Moreover, lengthy proceedings are not carried out. The decision is made on the spot.