Does he have the right to stop cars?
Yes. Moreover, regardless of the specific stopping place - be it a road, a residential yard, or even a parked car in terms of addressing the driver or his passengers.
As we indicated above, the district police officer is a police officer. Administrative regulations give all employees the right to stop cars, and not just traffic police inspectors.
As a result, we have that the district police officer has the following powers:
- stop the car
- stop pedestrians.
Drivers of vehicles have a similar obligation. Paragraph 2.4 of the traffic rules prescribes the right to stop for traffic controllers. On the one hand, a clear definition of a traffic controller is given in paragraph 1.2 of the Rules, and here such a person is the one who is given the competence to regulate traffic, and this may cast doubt on the existence of such a right by the district police officer. However, please note that not only traffic police officers are required to work for these purposes, but other police officers may also be involved (part 1 of article 10 of the Federal Law on Police and clause 10.5 of Order No. 205).
This leads to the corresponding responsibilities:
- the right to stop can only arise if there are exhaustive grounds for this: if there is reason to believe that you have committed a violation or crime,
- orientation to your car,
- reasonable grounds to believe that your car is involved in an accident,
- the need to interview witnesses in your car,
- The district police officer needs you as a witness,
- he needs to use your vehicle (clause 2.3.3 of the Traffic Regulations obliges you to provide it upon such a request),
- if the regulation requires you to be prohibited from traveling,
- and other reasons;
Can a police officer stop a car?
The district police officer has the right to stop a vehicle, provided that its movement is carried out on the territory entrusted to the employee during official hours, in which he has official transport. This right of an employee is recorded in Order of the Ministry of Internal Affairs of the Russian Federation No. 444 of June 2, 2005 “On the powers of officials of the Ministry of Internal Affairs of Russia to draw up protocols in cases of administrative offenses and administrative detention.”
Order of the Ministry of Internal Affairs of the Russian Federation No. 664 also defines the powers of officials of the Ministry of Internal Affairs. The law states that an officer has the right to check citizens' identity documents only if there is reason to believe that their owners have committed a crime or are planning to commit one. Control is also relevant if there is a suspicion that the vehicle has been stolen or the person in the car is wanted.
Can I check documents?
And again yes. The logic of the official legislation of 2021 is the same here - since the district police officer is a full-fledged police officer in this regard, he has the right not only to stop cars, but also to check documents:
- from the driver,
- passengers,
- as well as for pedestrians as road users.
This is directly stated in paragraph 31 of the regulations of Order No. 664. At the same time, there are reasons for checking documents - as well as for traffic police officers:
- if the local police officer reveals a traffic violation,
- special measures to prevent violations and/or accidents,
- information about the involvement of your car in a previous accident,
- search directions.
Rights of the traffic police officer who stopped the car
Police in accordance with clause 20, part 1, art. 13 of the Law “On the Police” has the right to: 1) stop vehicles if this is necessary to fulfill the duties assigned to the police to ensure road safety; 2) check documents for the right to use and drive a vehicle; 3) check documents for vehicles and transported goods; 4) check the availability of the vehicle owner’s MTPL insurance policy; 5) inspect, with the participation of drivers or citizens accompanying goods, vehicles and cargo if there is a suspicion that they are being used for illegal purposes, with the drawing up of an appropriate act; 6) detain vehicles that are wanted; 7) temporarily restrict or prohibit road traffic.
In accordance with Part 2 of Art. 13 of the Law “On Police” and clause 29 of the Administrative Regulations, such rights are granted only to traffic police officers (GAI) within their area of responsibility. Other police officers (for example, police officers) can stop a vehicle only in certain cases.
Points of the administrative regulations of the traffic police related to stopping a vehicle:
85. A request to stop a vehicle is made using a loud-speaking device or a hand gesture, if necessary using a rod or disk with a red signal (retroreflector) aimed at the vehicle.
In this case, to attract the attention of road users, an additional whistle signal, special light and (or) sound signals can be used. In the dark or in conditions of limited visibility, a signal to stop a vehicle must be given using special light signals (if possible).
86. When giving signals to stop, the location where the vehicle will stop must be indicated.
87. Stopping a vehicle is carried out taking into account the requirements of traffic rules and observing measures aimed at ensuring the safety of road users.
88. It is not allowed to stop vehicles on sections of roads where stopping them is prohibited by traffic rules, except in cases where such a stop is related to the need to suppress a crime, administrative offense, carry out administrative and regulatory actions, prevent a real threat of harm to life, health and (or ) the property of road users, as well as cases of marking a stopping place by a patrol car with special light signals and other means of regulating and organizing traffic.
If it is necessary to stop vehicles in places where their stopping is prohibited by traffic rules, the employee takes measures to ensure road safety in this place.
89. Having stopped the vehicle, the employee must immediately approach the driver, introduce himself in accordance with the requirements of paragraph 45 of the Administrative Regulations, briefly state the reason for the stop, state the requirement for the transfer of documents necessary for verification or registration of the offense, when involving the driver or passenger as a witness or witness - explain to them the rights and obligations provided for by the legislation of the Russian Federation.
More on the topic: Traffic police inspectors were allowed to stop cars outside stationary posts
Does it have the authority to issue fines?
But this question is somewhat more complicated because of its two-sidedness. The fact is that the very concept of issuing a traffic fine in the form in which ordinary motorists call it has several administrative procedures at once:
- drawing up a protocol as the initiation of a case of an offense,
- consideration of the case as an authorized person,
- issuing a ruling with a fine or a ruling to close the case as its completion.
So, the district police officer has the right to draw up a protocol for all violations of traffic rules and other regulations by drivers, car passengers or pedestrians.
But not everyone can consider cases anymore. In our case, subclause 9 of part 2 of article 23.3 of the Code of Administrative Offenses of the Russian Federation lists the articles of the same Code, under which the district police officer is authorized to consider the case materials.
Simply put, if you can be charged under one of these articles of the Code of Administrative Offenses for a specific violation, then the local police officer has the right to do this. Here are these articles (we will list only those that apply to citizens and drivers in particular):
- 6.24 for violations of smoking in public places,
- 12.1 – driving a car that is not registered with the traffic police, including repeated driving, as well as the lack of technical inspection for the car,
- 12.2, part 1 – unreadable license plates,
- 12.2, part 2 – hidden, modified, missing numbers,
- 12.3, parts 1, 2 and 3 – driving a car without documents and handing over the steering wheel to such a driver,
- 12.22 – violations during training driving,
- 12.23 – violations of traffic rules for the transportation of people, including children without a restraint device, as well as organized transportation,
- 12.28 – non-compliance with the Rules in residential areas and courtyard areas,
- 12.29 and 12.30 – violation of the Rules by a pedestrian, car passenger or cyclist,
- 19.15 – living in a citizen’s home without a passport in cases where it is required,
- 19.15.1 – residence of a person without registration,
- 19.24 – violation by a citizen of measures of supervision over him,
- 20.1 – petty hooliganism,
- 20.20 – consumption of alcohol in a public place or drugs without a doctor’s permission/prescription,
- 20.21 – appearance in a public place in a state of intoxication.
When considering these cases, the district police officer already has the right to independently issue fines to citizens. But if other violations are detected, he can only initiate a case - draw up a protocol and then send it to an authorized official (for example, a traffic police officer at the department at the place of violation) or to the court of jurisdiction.
In conclusion, we note a full-fledged document, valid in 2021 on the territory of Russia and regulating the rights and responsibilities of the district police officer for its intended purpose. This is Order of the Ministry of Internal Affairs No. 205 dated March 29, 2019. It presents the comprehensive powers and competencies of this official, including:
- can he enter and forcibly enter residential premises,
- what tasks in general does he solve in the service,
- how he is obliged to bypass the territories under his jurisdiction,
- how to respond to citizens' requests,
- and his other powers.
Can I be fined?
In this case, you have to understand more complex procedures. The question is that the execution of a fine by a traffic police inspector in the form in which drivers submit it contains several administrative procedures:
- Drawing up a protocol is the initiation of a case of legal violation.
- The case must be reviewed by an authorized officer.
- The case is closed or a fine is issued.
The district police officer can draw up a protocol for any violation of the Traffic Rules or other laws by drivers, pedestrians, or passengers. But not all police officers have the right to consider and investigate these cases. Administrative Code Art. 23.3 part 2 indicates the articles under which the district police officer is vested with the right to consider such cases.
That is, if you can be punished for any violation of the law under these articles of the Code of Administrative Offences, then the local commissioner can deal with this.
There is no point in listing them all; we will consider only articles related to car drivers or other persons:
- 6.24 – smoking in public places;
- 12.1 – driving a car that is not registered with the traffic police, as well as repeated driving, or the car has not passed technical inspection;
- 12.2 – state license plates are not readable (part 1);
- 12.2 – there are no license plates on the car, or they have been changed or hidden;
- 12.3 parts 1-3 – driving a vehicle without the appropriate documents, transferring driving to another person without a license and a registration certificate;
- 12.22 – traffic violations during driving lessons;
- 12.23 – violation of the Rules for the transportation of people, as well as children without special restraints, organized transportation;
- 12.28 – the driver violated traffic rules with a car in the courtyard of a house, a residential area;
- 12.29, 12.30 – violation of traffic rules by a car passenger, bicycle driver, pedestrian;
- 19.15 – absence of a passport when living in an apartment, when required by law;
- 19.15.1 – lack of residence registration;
- 19.24 – violation of supervisory requirements by a citizen;
- 20.1 – petty hooliganism;
- 20.20 – drinking alcoholic beverages in public places, or using drugs without a prescription from a medical professional;
- 20.21 – being intoxicated in a public place.
In case of consideration of the described violations, the local police commissioner can issue a fine to any person. But if other offenses are discovered, he only has the right to initiate proceedings. That is, the district police officer will draw up a protocol and then transfer it to an authorized officer, for example, a traffic police inspector at the local office, or to the court at the place of residence.
It is also worth noting the document, which in 2021 fully regulates the rights and responsibilities of the local police officer. This is Order No. 205, which entered into force on March 29, 2021.
It describes the full rights and powers of the district police officer:
- Is he allowed to enter residential premises, including by force?
- What job responsibilities are assigned to him?
- Rules for conducting tours of the assigned territory.
- The procedure for responding to citizens' appeals.
- Other rights and obligations.
What other rights and responsibilities?
Among other things, in relation to drivers the district police officer:
- is obliged to register an accident if it occurred on the territory under his jurisdiction or was entrusted to him by a certain official and is not within the competence of the traffic police (for example, a car was damaged by a structure or object - a fence, an icicle, a hooligan in the yard, and so on),
- may examine the driver for alcohol intoxication and send him for a medical examination if, within the framework of clause 10.5 of Order No. 205, he is given the authority to supervise traffic.
