Do I need to provide a power of attorney for a car if it belongs to another person?
If you are not using your own vehicle, then, from the moment the amendments to the Road Traffic Rules of November 24, 2012, which are confirmed by Decree of the Government of the Russian Federation N 1156 of November 12, 2012, come into force, you will no longer need a power of attorney. You must have:
- driver's license or temporary permit to drive a vehicle
- car registration documents
- MTPL insurance policy, in which the driver must be indicated
What documents must be presented to the traffic police inspector?
Before requesting documents, the traffic police inspector must introduce himself and show his official identification (clause 2.4 of the traffic rules). The driver must have with him (and present to the policeman upon request) a driver’s license, documents for the car, and an insurance policy (clause 2.1.1 of the traffic rules). In principle, the police officer may also require a passport. If the driver has not violated traffic rules or committed anything illegal, he must be released immediately. If the inspector is interested in what is in your pockets, in the trunk, in the cabin, under the hood, then this is already a personal search or a vehicle search, and its conduct is strictly regulated.
Good afternoon I have a number of questions regarding the presentation of documents to traffic police officers: 1. What documents need to be presented to the traffic police inspector? 2. Do I need to show a power of attorney for the car? The car is registered in my husband's name, but our last names are different. Do I need to show an insurance policy? 3. Will the list of documents that must be presented to the traffic police officer change in 2021? 4. Can my brother drive a car? He has the citizenship of another country, if he is included in the insurance, but a power of attorney has not been issued for him. We kindly ask you to explain everything in a language accessible to the blonde (without excerpts from the laws).
Driving a vehicle by proxy if the driver is not included in the MTPL policy
You can drive a vehicle without indicating you in the insurance policy only if the policy provides for the use of the car by an unlimited number of persons.
According to Chapter 12 of the Code of Administrative Offenses of the Russian Federation, if you do not have driving documents with you, you may receive
a warning or an administrative fine of 100 rubles.
In connection with some changes that were made to the traffic rules, people more often began to ask the question of what documents to provide to the traffic police officer. Since 2013, namely from February 15, a power of attorney for a car is no longer needed, but all of the above documents must be handed over to a traffic police officer for verification at his first request.
Service instructions for traffic police inspector 2021
Subscribe to the newsletter The State Traffic Inspectorate is part of the system of bodies of the Ministry of Internal Affairs (MVD) of Russia and has a number of powers to identify and suppress violations of road safety, as well as identify the causes and conditions that contribute to their commission.
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[4] bodies of state supervision over the technical condition of self-propelled machines and other types of equipment in the Russian Federation - tractors, self-propelled road-building and other machines and trailers for them; customs authorities of the Russian Federation - vehicles registered in other countries and temporarily located on the territory of the Russian Federation for a period of up to 6 months; operational services on whose vehicles the installation of special signals is permitted if there are special color schemes on the outer surfaces of these vehicles; federal executive authorities and organizations on whose vehicles the installation of special signals is permitted in the absence of special colorographic schemes on the outer surfaces of these vehicles; officials
Article refusal to give documents to a traffic police officer
carrying out, on the basis of administrative acts of the heads of internal affairs bodies and management bodies, special measures related to the inspection in accordance with the goals of the relevant special measures of vehicles, persons traveling in them and transported goods,
That is, to any demand from the inspector to hand over documents, the driver is obliged to respond with only one action - hand over the documents to the inspector. And I’m telling you all this not because I want to make the work of traffic police inspectors easier. But because I want to warn drivers against mistakes, the consequences of which, to put it mildly, are unpleasant (from a fine of 500 - 1000 rubles to arrest for up to 15 days). NOTE! Subclause 2.1.1 of the traffic rules states: “Have with you and, at the request of police officers, hand over...”.
Rights and responsibilities of a driver when a vehicle is stopped by a traffic police officer 2021
- There are suspicions that the driver is intoxicated - alcohol, drugs or toxic. Or the driver, in the inspector’s opinion, looks very sick;
- It is necessary to conduct a vehicle search;
- The driver needs to eliminate a technical malfunction of the car or violations of the rules for transporting goods;
- It is required to provide assistance to other road users or police officers;
- It is necessary to check the components and assemblies of the vehicle, as well as the side numbers (in the presence of the driver);
- The driver or passengers are suspected of committing a crime (traffic violation, administrative offense). Or they pose any danger to the inspector.
- Unfastened seat belt. If the traffic police inspector does not have irrefutable evidence that you were not wearing a seat belt while driving, then you can always refer to the fact that the belt was unfastened immediately after stopping. That is, during the time the inspector walked to the car. And let him try to prove the opposite;
- Over speed. A technically sound radar should serve as evidence of a violation of the speed limit on the road. It should clearly show that the measured speed refers specifically to the vehicle that was stopped, and the readings themselves were taken immediately before the stop. If this data is not available, then you can safely challenge the inspector’s decision to draw up a protocol for speeding;
- Dirty rooms. Although, in accordance with technical regulations, including GOST 50577-93, it is impossible to drive a car with dirty license plates, it is quite difficult to record this violation. License plates are considered unreadable if at night they are not visible from a distance of 20 meters, even in the light of a traffic inspector’s flashlight. That is, in order to issue a fine, it is necessary to create exactly such conditions. In practice, this is not always possible, so usually road inspectors, instead of issuing a fine, only ask to wipe the license plates.
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You were stopped by a traffic police officer
The police officer will only test the driver for alcohol if they notice signs of intoxication. These include:
- slurred speech and gait;
- inappropriate behavior;
- change in complexion;
- the smell of alcohol.
Having detected at least one of the listed signs, the traffic police officer will draw up a protocol on the driver’s removal from driving the vehicle. The car will be sent to a impound lot, and its owner will be sent for a medical examination. It can also be carried out on the spot if the driver agrees.
Documents presented to the traffic police inspector - advice from a traffic lawyer
It happens that the STS is registered in the name of another citizen, but here the MTPL policy helps out, where the citizen who is driving is registered (the car belongs to a certain person, who himself included the driver in the MTPL policy).
To establish the driver’s identity, the traffic police inspector only needs a driver’s license, so if the driver has one, it is illegal . It’s another matter if the driver doesn’t have a license with him (I forgot). Then, to make sure that you are you, the traffic police inspector has the right to demand a passport.
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What documents to present to the traffic police inspector 2021
Stop by a traffic police officer to check documents We have already reviewed on our portal Vodi.su 185 the order of the Ministry of Internal Affairs, which lists all the reasons why a traffic police inspector can stop cars passing by.
They may also stop to attract the driver as a witness or, if necessary, to provide assistance to the victim. Sometimes an inspector urgently needs to go on official business, but doesn’t have his own car... And the last reason (it is quite often used by traffic police inspectors to justify stopping and inspecting cars right on the road) is the holding of special events.
Drivers may be allowed to present vehicle documents electronically
https://static.news.ru/photo/3c621c90-c0a3-11ea-bad4-fa163e074e61_660.jpg Photo: Sergey Bulkin/NEWS.ru
Car owners are proposed to be allowed to present vehicle registration documents in electronic form and to exempt vehicle owners who do not have such documents from administrative liability. The corresponding bill was prepared by LDPR deputies.
The document has already been sent to the government to receive an official review. The author of the initiative was the head of the State Duma Committee on Labor and Social Policy Yaroslav Nilov and Vice Speaker of the State Duma Igor Lebedev.
The bill proposes to supplement Part 1 of Article 12.3 of the Code of Administrative Offenses of the Russian Federation with a note, according to which drivers who are the owners of a vehicle, have a vehicle passport with them, or are not the owners of a vehicle and have a document confirming the right to drive this vehicle are exempt from administrative liability. and vehicle passport ,” reads the explanatory note to the document.
As the authors of the bill explained, according to the current legislation, for driving a car without registering it, the driver faces punishment in the form of a warning or a fine in the amount of 500 rubles, but, in addition, his vehicle can be taken away from him and sent to a special parking lot. At the same time, deputies noted, sometimes the driver cannot have the necessary document in his hands because it is stolen or lost. Also, the driver can be the owner of the car and this eliminates the risk that he stole or illegally used the car. In practice, the driver may have other documents for the car, in particular, a vehicle passport (PTS), a general power of attorney to drive it, or an electronic form of registration certificate, RIA Novosti reports.
The Code of Administrative Offenses is harsh and fair, but does not take into account force majeure - the theft or loss of a vehicle registration certificate. Is evacuation imminent? There’s no need to rush here ,” Nilov wrote in his Telegram channel.
The deputy emphasized that the adoption of the bill will exempt law-abiding drivers who have become victims of theft or have lost their vehicle registration certificate from administrative liability. He also called the forced evacuation of the car in such cases “a rather onerous interim measure.”
As NEWS.ru wrote earlier, drivers who manage to prove the illegality of a traffic fine should receive compensation in the amount of 20 thousand rubles. The initiative, belonging to the All-Russian Popular Front (ONF), was sent to the Russian Ministry of Justice.
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Verification of documents
Like a stop, document checks by traffic police officers can also be carried out outside a stationary post. Article 106 of the document regulates the following grounds for checking documents:
- the inspector identified signs of traffic violations;
- there are landmarks or other information that indicates the involvement of the motorist or vehicle in an accident, crime, offense, or use of the car for illegal purposes, if there is reason to believe that the car is wanted;
- as part of special measures to prevent accidents and reduce the severity of the consequences of road accidents.
The law also regulates what the inspector can check. Grounds for checking identity documents (Article 107):
- signs of traffic violations have been identified, and there is also a reason to initiate a case of an administrative offense against a specific person;
- signs of falsification of documentation that establishes identity, necessary for driving a vehicle, falsification of documents for transported cargo have been identified;
- there are clues or information that give the right to suspect a person of committing an offense or crime;
- you need to involve a citizen as a witness, understandable.
Grounds for checking a license, permit or other documentation to perform certain actions or activities:
- signs of violation of the requirements of standards in the field of road safety were identified;
- special measures are taken to prevent accidents;
- the vehicle and cargo are inspected, other cases are also allowed if necessary to perform police duties.
When checking documents, vehicle markings, state registration plates, the inspector carries out a visual examination of them. If necessary, technical means are used to detect signs of counterfeiting.
Technical means are used if there are traces of external influence on the markings, documents, if there are discrepancies in the records with the data of centralized operational information and other internal affairs bodies.
An employee can turn to investigative, specialized federal records of internal affairs bodies
If documents for cargo are checked, the same actions are carried out, but in addition, the compliance of the waybill and the waybill, the license card, and the cargo being transported is checked.
The documents reveal corrections, abrasions, damage, changes in markings and other signs of forgery.
For foreign citizens and stateless persons (LSP), the inspector checks:
passport or other identity document;- visa, migration card;
- Russian driver's license or foreign (international driver's license is provided along with the national one);
- registration documents for the car or documentation provided by the Customs Union, with marks from customs authorities (if the car is imported into the Russian Federation);
- MTPL insurance policy or a document that confirms the registration of insurance within the framework of international insurance systems;
- documents required for entry into territories with a special permit (if the driver enters these territories).
A foreign passenger or LBG who is a passenger or pedestrian is checked for a passport, visa, migration card, documents that are required to enter territories with a special permit (if visiting these territories is carried out).
What are the consequences of disobeying a traffic police inspector?
According to Article 19.3 of the “Code of the Russian Federation on Administrative Offenses,” disobedience by a civilian to the demands or orders of law enforcement officers on duty entails a fine in the amount of five hundred to one thousand rubles or administrative arrest for a period of 15 days. Of course, the situation will worsen if there is not only disobedience, but also an insult to the traffic police inspector during execution.
A traffic inspector has no right to take away your license, and especially your car, for not complying with your own requirements!
When interacting with a traffic police inspector, remember the saying “Knowledge is power.” Your knowledge of traffic rules, your rights and responsibilities, as well as the rights and responsibilities of government officials will more than once help you get out of various road situations with minimal losses.
Good luck on the road!
