Every driver should know the options for developing a situation in which a traffic police inspector has the right to check the presence of a first aid kit and a fire extinguisher in a vehicle, and also issue a fine for their absence in 2021. The further development of the situation and the possible outcome of the dispute with a representative of the law will depend on legal awareness. With a favorable set of circumstances and well-structured defense, you can defend your rights and point out gaps in the traffic police inspector’s knowledge of traffic rules.
Can the traffic police inspector check the presence of a first aid kit and fire extinguisher?
The traffic police inspector has a wide range of rights in relation to drivers, especially if he notices a traffic violation. Regarding the traffic police officer’s demands to show him a first aid kit and a fire extinguisher to check for availability, every motorist must remember that such requests will be illegal in 2021. In clause 2.1.1 of the traffic rules it is clearly established that, at the direction of the traffic police inspector, the driver must present only the MTPL insurance policy and documents for the car, namely: a vehicle registration certificate, a driver’s license. If there is a “disabled person” sign on the vehicle, document your belonging to this category of citizens.
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A first aid kit and fire extinguisher are not included in the list of documents required by the inspector.
The presence of a first aid kit and a fire extinguisher is checked during the technical inspection of the vehicle. Based on the results of the procedure, a diagnostic card is issued, which indicates the serviceability of the vehicle and the possibility of its further operation. Therefore, the traffic police inspector’s request to present a first aid kit and fire extinguisher in 2021 will simply be illegal. The only way to see the first aid kit in the vehicle is for the inspector to inspect the vehicle.
Providing the traffic police officer with a first aid kit and a fire extinguisher
A question that interests every car owner: does a traffic inspector have the right to stop any car that catches his eye to check for the presence of a fire extinguisher and the contents of the first aid kit? Can he carry out such checks, choosing cars at his own discretion?
Answer: no. According to the instructions, such situations should not be noted.
However, the inspection will certainly take place if the driver cannot confirm that the next technical inspection has been passed. And the inspector is prohibited from inspecting a car solely for the purpose of identifying a first aid kit and a fire extinguisher.
The basis for an inspection is usually a reasonable suspicion that there are weapons or drugs in the car. Also, a stopped car may resemble one that is reported stolen.
Expert opinion
Sokolov Sergey Igorevich
Legal consultant with 6 years of experience. Specialization: family law. Extensive experience in defense in court.
In other words, the inspector manages to detect the absence of the specified items in exceptional situations, by accident. Then a protocol is drawn up and two witnesses are brought in.
Video about where a fire extinguisher and first aid kit should be stored in a car:
What is the fine for not having a first aid kit in 2021?
For the absence of a first aid kit in 2021, Article 12.5 of the Code of Administrative Offenses provides for a fine of 500 rubles. The specified amount is fixed and cannot be greater. When imposing an administrative penalty, the traffic police officer may also exercise the right to warn the driver rather than impose a fine. This measure is not popular among inspectors due to its free nature, and drivers simply do not know that there is a chance to take advantage of this opportunity.
Any first aid kit, even one as limited in its range as the one used in 2021 and consisting mainly of bandages and gauze, has an expiration date. This period can be found on the front of the first aid kit, it is printed with printing ink and averages 4 years from the date of manufacture.
An expired first aid kit is the equivalent of a missing first aid kit.
Penalties
If the check of the availability of fire extinguishing and first aid equipment in the car is carried out in compliance with the protocol, then the traffic police officer has the right to impose administrative sanctions for their absence. As a result, motorists have a question: what kind of fine can you get if you don’t have a fire extinguisher and a first aid kit in your car?
For driving without a fire extinguisher
The fine for driving without a fire extinguisher in 2021 is 500 rubles. It is possible that the check will not be punished if the traffic police officer limits himself to an oral warning or an explanatory conversation.
For driving without a first aid kit
As with driving without a fire extinguisher, the fine for not having a first aid kit is 500 rubles. If the car has the necessary materials for first aid (plasters, bandages), but they do not correspond to the standard first aid kit, you may also be fined for this.
For driving without a warning triangle
Failure to sign a warning triangle will result in a fine in the same amount as driving without a fire extinguisher.
Important! Punishment for the absence of one or two funds from the required set is fraught with a one-time penalty in the amount of 500 rubles. If the car does not have medicines and equipment for extinguishing a fire, or if all the necessary items are missing, then this falls under one fine, and not two or three.
Similarly, a fine for the absence of a “Spikes” sign will also be issued once as part of an offense under Article 12.5 of the Code of Administrative Offences.
Read also: Requirements for a fire extinguisher for a car What’s new in passing a technical inspection in 2021
What is the fine for not having a fire extinguisher in 2021?
The mandatory presence of a fire extinguisher in a vehicle is established by the same article 12.5 of the Code of Administrative Offenses as the presence of a first aid kit. Therefore, the fine for not having a fire extinguisher in 2021 will also be 500 rubles. The possibility of imposing a warning instead of a fine also exists.
In order to determine the expiration date for a fire extinguisher, you should pay attention to its type. So, a powder fire extinguisher will last 10 years, but after 5 years it should be recharged. It will be much more profitable to keep a gas fire extinguisher in your car, since its duration is longer. However, it should be checked once a year and recharged every five years.
You should also not forget that if the inspector discovers the absence of a fire extinguisher or an empty cylinder, you can always refer to unforeseen circumstances on the road in which it was urgently necessary to use this fire extinguishing agent. Such situations could be a fire left on the side of the road or smoke under the hood of a passing car. But the employee will still be able to fine him, and everything that is said to justify the driver will only be calculated on the leniency of the inspector.
What a punishment
Part 1 of Article 12.5 of the Administrative Code indicates the fine for the lack of a fire extinguisher and first aid kit. No further punishment is provided.
The fine is 500 rubles. This amount is single. Neither more nor less can be assigned.
However, in special cases, a written warning is allowed, that is, without any monetary penalty at all. It all depends on the individual case, at the discretion of the state traffic inspector.
It is a mistake to believe that if a traffic police officer establishes the fact that the car does not have all the necessary equipment, then the amount of the traffic police fine for driving without a first aid kit, a fire extinguisher, and even without an emergency sign doubles or triples.
The fine remains the same amount, even if the traffic police officer writes several reports for each missing item.
If the order is paid within 20 days, the fine is reduced to 250 rubles.
What must be in a car?
It is mandatory, in accordance with clause 2.1.1 of the Traffic Regulations, that the following documents must be present in the vehicle when using it:
- driver's license;
- OSAGO policy;
- vehicle registration certificate.
These documents are presented upon the first request of a traffic police officer. In addition to documents, in accordance with clause 7.7 of Chapter 7 of the Traffic Regulations, the following items established by law must be in the car:
- fire extinguisher;
- first aid kit;
- warning triangle;
- signal vest.
Let's consider a very popular topic and try to figure out whether the driver is obliged to present these items at the request of the traffic police officer.
Let's start with the fact that you must have these items in your car! Clause 7.7 of the rules tells us about this, namely: “prohibits the operation of cars if they are not equipped with a first aid kit, a fire extinguisher and a warning triangle.”
That is, if you are driving a car, then these items must be present in it; if something is not there, you should not start driving.
What should you present to the traffic police officer for verification?
Again, we refer to the traffic rules clause 2.1, the driver is obliged to submit documents for verification: license, registration certificate, insurance policy, and in special cases a number of other documents. We see that we are not obliged to hand over a first aid kit, fire extinguisher and warning triangle for inspection.
But as practice shows, this does not stop employees and they often insist that the owner of the car show the presence of these items.
Please note that employees have the right to this in the following cases:
— if there is a special event approved by the inspector’s management; - if the inspector has reasonable grounds to believe that you do not have these items;
If everything is clear with the first point, that is, if the inspector tells you that a special event is taking place, you can demand documentary confirmation of this. If the inspector refuses, point him to Article 5 of the Police Law.
Observance and respect for the rights and freedoms of man and citizen 4. When contacting a citizen, a police officer is obliged to: 2) if measures are applied to a citizen that restrict his rights and freedoms, explain to him the reason and grounds for the use of such measures, as well as those arising in connection with this rights and responsibilities of a citizen. 7. The police are obliged to provide every citizen with the opportunity to become familiar with documents and materials that directly affect his rights and freedoms, unless otherwise provided by federal law.
But the second point, it is “blurry” - agree with the inspector that you cannot have objective data that you are missing these items unless the driver himself admits that he is missing these items.
What to do if the inspector insists on showing a first aid kit, fire extinguisher and warning triangle?
If the inspector insists, then you can ask him to refer to a clause in the rules that would oblige the driver to present the specified items for inspection. There are no such points and he will not be able to name them.
Just say that you have these items in the trunk, since clause 7.7 of the traffic rules
I am forbidden to travel without these items. If the inspector demands to open the trunk, then you can inform him that this is already an inspection of the vehicle. Read the link to see the difference between an inspection and an inspection.
The procedure for imposing a fine for the absence of a first aid kit or fire extinguisher
To impose an administrative fine for the absence of a first aid kit or fire extinguisher, the fact of the offense must be properly recorded. These actions can only be carried out by a traffic police inspector by drawing up a protocol on administrative responsibility.
In a situation where there is no fire extinguisher and first aid kit, two scenarios should be considered:
- Drive independently and voluntarily admitted to not having a first aid kit or fire extinguisher.
- The driver refused to admit that there was no first aid kit and fire extinguisher in his car, and this fact was established through an inspection of the vehicle.
In the first case, the traffic police inspector, with the participation of two witnesses or while recording a video, draws up a protocol on the administrative offense and gives a copy of it to the driver. It should be remembered that in 2021 the protocol is not one hundred percent proof of guilt. It will only serve as the basis for drawing up a resolution on an administrative offense. But the resolution will be the basis for imposing a fine for the lack of a first aid kit and fire extinguisher.
The rules for drawing up the protocol are regulated by Art. 28.1 Code of Administrative Offenses of the Russian Federation. The protocol must necessarily contain the location of the offense, the date it was written, the position and name of the traffic police officer who compiled it, as well as information about the offender and the reasons for the detention.
In the second case, when the driver refuses to present a first aid kit and a fire extinguisher for inspection, the traffic police officer will only have to inspect the vehicle. At the same time, a traffic police officer does not have the right to carry out an inspection just for the sake of checking a first aid kit or fire extinguisher. To suppress such actions, the inspector should be reminded of Article 19.1 of the Code of Administrative Offenses “Arbitrariness”. To carry out an inspection, it is necessary to have strong arguments, for example, the presence of a reference to a similar car about the transportation of weapons, drugs, or about the presence of a similar car that was stolen. In such cases, the driver has the right to demand the presentation of an orientation.
If the search could not be avoided, then it should be remembered that it can only be carried out in the presence of two witnesses or with video recording (Article 27.9 of the Administrative Code). In this case, uninterested persons from among other drivers must be witnesses. Traffic police officers are prohibited from involving their partners or trainees as inspectors as witnesses. If this rule is violated, the legality of the protocol drawn up will be easy to challenge.
The car inspection protocol can be found here.
Can a traffic police inspector demand to see a fire extinguisher and a first aid kit?
Everything that the driver is obliged in all cases to hand over to the traffic police inspector at the request of the latter is listed in paragraph 2.1.1 of the traffic rules - car registration certificate, driver’s license, etc. There is no mention of a first aid kit and fire extinguisher in this paragraph.
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Checking the presence of these items is nothing more than checking the technical condition of the car. And for this you need at least one of the special grounds (clause 111 of the Administrative Regulations of the State Traffic Safety Inspectorate, approved by order of the Ministry of Internal Affairs dated August 23, 2017 No. 664):
- Visual signs of violations associated with the use of a car contrary to the ban on this due to a malfunction. This applies, for example, to window tinting. And this does not apply to checking the first aid kit and fire extinguisher.
- Participation of a car in an accident.
- Availability of references and other data indicating the car’s involvement in an accident, offense or crime (the reference must be presented, and the check must be justified due to the presence of “other data”).
- Special measures to prevent road accidents (the inspector must familiarize the driver with the documents regulating such an event).
Particularly persistent traffic police inspectors may begin to search the car. But the only legal basis for its implementation is the discovery of the objects of the offense or the instruments for its commission (Part 1 of Article 27.9 of the Code of Administrative Offenses of the Russian Federation). Obviously, searching a car in order to detect the absence of a first aid kit and fire extinguisher cannot be considered legal. You can and should complain about such actions of inspectors.
What should a driver do if a fine is imposed for not having a first aid kit or fire extinguisher?
To ensure that you avoid a fine for not having a first aid kit or fire extinguisher in 2021, you should purchase the necessary items and forget about problems with inspection. However, if punishment is inevitable, one should remember the possibility of persuading the inspector for softer sanctions - a warning. You can take advantage of a similar case if you convince a traffic police officer that the missing parts of bandages or plasters were just used to help a boy cyclist who fell in front of your eyes and broke his knees. But if you find an expired first aid kit, you can tell the inspector that you are currently heading for the first aid kit.
Having passed the technical inspection will guarantee protection from additional checks for the lack of a first aid kit and fire extinguisher. It should also be remembered that a request for the provision of the above items is legal only during the period of technical inspection, and its conduct by a traffic police inspector on the road is illegal.
What is the fine for driving without a fire extinguisher?
If the driver himself admitted to the absence of a fire extinguisher or it was revealed during the inspection process, the fine is provided for in Article 12.5 of the Code of Administrative Offenses and is a fixed amount of 500 rubles . But it is immediately indicated that instead of a fine, a traffic police officer can issue a warning without a fine (which drivers forget about, and inspectors, naturally, remain silent about).
The traffic rules indicate that if unforeseen situations arise on the road, for example, it was necessary to put out a fire, then the driver must go to the place of repair or troubleshooting (in the case of a fire extinguisher, to the store to buy a new one). This should be reported to the inspector.
Appealing a fine for lack of a first aid kit and fire extinguisher
An appeal against a fine for the absence of a first aid kit or fire extinguisher is possible only if violations are detected in the inspection procedure or in drawing up a protocol on an administrative violation. It is possible to appeal illegal actions of a traffic police officer within 10 days from the date of drawing up the protocol on the offense, as established by Art. 30.1. Code of Administrative Offenses of the Russian Federation. To appeal a protocol on an administrative offense, you must follow the following instructions:
- Include your claims in the administrative violation protocol and be sure to make a note of disagreement with its preparation.
- Receive a copy of the protocol on the administrative violation.
- Write an application to appeal the employee’s actions to his superior management (the head of the territorial traffic police department on whose behalf the employee acts).
- Deliver the specified application to the territorial traffic police office in any convenient way (in person, by e-mail, by registered letter with notification).
- Request confirmation that the traffic police department has received an application to appeal the actions of the traffic police inspector in imposing a fine for the lack of a first aid kit or fire extinguisher. When sent by registered mail with notification, such confirmation will be considered the signature of the employee who received the letter.
- Wait for the traffic police's decision on your application.
If the traffic police response is unsatisfactory, you can also go to court to protect your rights. The possibility of appealing to this authority is also enshrined in Art. 30.1. Code of Administrative Offenses of the Russian Federation. In this case, the first two points will be the same as when appealing to the traffic police. Next you should do the following:
- Write an application to the court, which, by territoriality, is located in the same administrative area where the offense occurred.
- Wait for the hearing to be scheduled.
- Receive a summons.
- Appear in court with evidence of your innocence.
Applications to appeal a fine for lack of a first aid kit and fire extinguisher can be found here.
How to avoid a fine for not having a first aid kit?
In order to avoid a fine for not having a first aid kit, you should not immediately admit to the employee that you do not have one. If the inspector comes across as persistent enough, then it is worth showing character and reminding that the driver knows his rights:
- Ask the inspector to present the ID and record its data in any convenient way. In such situations, video recording of the conversation with the inspector will be a good help.
- Demand that the grounds for conducting an inspection of the vehicle be disclosed. When the inspector refers to the orientations, demand that the orientation materials be provided for study.
- If the inspector continues to insist on inspecting the car, ensure the presence of two independent witnesses.
- Additionally, remind the inspector of the responsibility under Article 19.1 of the Code of Administrative Offenses “Arbitrariness”.
Such instructions will help those who feel that the inspector is acting on principle when receiving resistance to a request to show a first aid kit or fire extinguisher.
The fine for an expired fire extinguisher
The fine for an expired fire extinguisher in a car is 500 rubles and is equivalent to the absence of a fire extinguisher.
Try to avoid a fine for driving without a fire extinguisher and only receive warnings from the traffic police:
- tell the traffic police officer that you are going to buy a new fire extinguisher;
- you are heading to fill the fire extinguisher with carbon dioxide or powder.
The presence of a fire extinguisher in a car is not so much a whim of the traffic police and traffic police officers, but rather a natural requirement for traffic safety on the road.
Nuances
When imposing an administrative fine for the absence of a first aid kit or fire extinguisher, you must remember that such an action is permissible only if several nuances are observed:
- The legality of the action taken (compliance with all requirements of the Code of Administrative Offenses of the Russian Federation).
- The timeliness of such impact (the need to implement punishment immediately after its detection is taken into account).
- Addition of penalties that can be imposed for a combination of offenses (in this case, for the lack of a first aid kit and fire extinguisher, only one fine of 500 rubles is imposed).
Knowledge of legal norms and legislation of the Russian Federation when driving a vehicle will significantly save drivers’ nerves, time and money. Legally competent drivers cause great inconvenience to traffic police officers and discourage them from getting involved again without good reason. Legislation in the field of traffic rules should not be regarded only as limiting the freedom of action of motorists. It is also necessary to take into account its benefits when defending one’s rights before government authorities.
Remembering legal literacy, you should not forget about the safety of yourself and your loved ones who are in a driven car. The cost of a first aid kit and a fire extinguisher is so small compared to the problems that can be solved by having them in the car that the choice made in favor of purchasing these products will more than pay for itself during their operation.
When can an inspector check for a fire extinguisher?
Often, if an inspector, by all means, wants to impose a fine on a driver, he begins to demand that for inspection not only documents, but also a first aid kit, a fire extinguisher and a warning triangle. A driver who is poorly versed in the laws can actually get caught with such a fine simply by saying that he does not have something from this list. But legally literate drivers know that the traffic rules do not provide for the obligation of drivers to display a fire extinguisher, first aid kit or sign at the request of traffic police officers. For example, in the traffic rules there is an obligation to have and show certain documents. But there is no obligation to show a fire extinguisher - just have it with you.
Why then do you need a fire extinguisher? Of course, a fire extinguisher can really come in handy on the road, moreover, it can save someone’s life. And for those for whom this reason is not enough, legislators have provided a way to check the fire extinguisher in a car. On the road, the inspector cannot check its presence, but during maintenance, he can and is obliged to. Inspection is carried out annually or every other year depending on the age of the car. This procedure checks not only the technical condition of the car, but also the presence of required items: a fire extinguisher, first aid kit, warning triangle (for vehicles of category “B”). If something from this list is missing, then the driver will not receive a diagnostic card, without which he will not be able to issue compulsory motor liability insurance and, accordingly, legally drive onto the roadway.
Another option for an inspector to check the presence of a fire extinguisher is to inspect the car. However, you definitely shouldn’t be afraid of this: the inspection is a rather troublesome procedure that the inspector will not undertake for the sake of a fine of 500 rubles. When conducting an inspection, it is necessary to draw up a separate protocol, which must be signed by 2 witnesses present at the inspection site throughout the entire duration of the inspection.
