Why do traffic police officers check documents referring only to clause 2.1.1 of the traffic rules?

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Control over compliance with traffic rules is entrusted to traffic police officers, who are vested with certain powers. Since 2017, a new regulation of the Ministry of Internal Affairs has come into force, which regulates the justification and procedure for stopping vehicles at a stationary road service post and beyond, and the procedure for inspecting the documents of the vehicle driver.

In accordance with the Law of the Russian Federation “On Police,” a traffic police officer has the right to stop a vehicle in order to fulfill his official duties to ensure road safety. Such actions are legal if there are certain reasons, for example, violation of traffic rules, guidance on detaining the driver of a car that is wanted, etc.

Stopping a vehicle in accordance with Order of the Ministry of Internal Affairs No. 185 must be carried out in places not prohibited by traffic rules. The right of a traffic police officer to inspect the documents of a car driver is described in the Administrative Code.

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The grounds for stopping, checking documents, and the procedure for the inspector’s actions are also enshrined in the Administrative Regulations of the Ministry of Internal Affairs dated August 23, 2017 No. 664, which came into force in October 2021.

All regulations governing traffic rules are freely available, which the driver must familiarize himself with.

Legislative justification

The procedure for checking a driver's license, car passport, and insurance certificate is included in the list of government measures provided for in paragraph 31 of the Administrative Regulations of the State Traffic Safety Inspectorate of the Ministry of Internal Affairs of the Russian Federation. Subsection 63 of Order No. 185 of the Ministry of Internal Affairs of Russia dated March 2, 2009 indicates that stopping vehicles to familiarize themselves with the accompanying papers is allowed only at a stationary patrol post.

Document checks by traffic police officers outside a stationary post are carried out during operational actions carried out by law enforcement agencies.

Legislative regulation

The legality of the actions of traffic police officers to check documents is regulated by the Administrative Regulations approved by Order of the Ministry of Internal Affairs of Russia No. 644 of August 23, 2017. Appendix No. 1 of this document describes the actions that a government representative has the right to carry out when stopping a vehicle (vehicle). These include checking documents, identifying the compliance of vehicle license plates with those specified in the documents, and checking the technical condition of the vehicle. The regulations also list the reasons that are lawful for officials to stop a vehicle (Part 84 of Order No. 644). This:

• Traffic violations detected visually or using technical means of recording;
• Availability of information about the involvement of the driver or his passengers in the commission of any offense or crime;
• Availability of information about the use of this vehicle for illegal purposes;
• The need to obtain information from the driver or passengers as eyewitnesses of an accident, offense or crime;
• Involvement of the driver or passengers as witnesses;
• The need to use this vehicle for urgent business needs;
• The need to stop traffic for the passage of vehicles with special equipment. signals in order to prevent road accidents due to natural and man-made disasters and in other situations;
• Checking documents on the vehicle or transported cargo;
• Checking identification documents of the driver and passengers, if traffic police officers have information about the involvement of these persons in an accident, offense, or crime.

From the above it follows that a check of vehicle documents can be carried out by officials at any time, and a check of citizens’ personal documents can only be done if there is information about the possible involvement of these persons in any illegal actions. Order No. 644 also legalized the possibility of checking documents not only at a stationary traffic police post, but also in any other place.

Actions of the driver when stopped by a mobile traffic police patrol to check documents

Deliberate actions during contact with employees of the control service will give a legal and psychological advantage to the motorist when subsequently protesting the groundless demands of authorized government officials.

The optimal sequence is determined by the instructions of departmental norms, Traffic Rules, Road Control Regulations, and laws of the Russian state:

• Stop the car at the place indicated by the traffic police officer.

Attention. Ignoring a lawful request of a police officer is considered an administrative violation (Article 19.3 of the Code of Administrative Offenses of the Russian Federation).

• After waiting inside the inspector’s car, clarify the reason for the stop, the name, rank, division, and powers of the one who interrupted the movement.
• Familiarize yourself with the patrolman's service ID, paying attention to the period of validity of the document, the presence of a distinct seal, and compliance with the individual bib number.
• The reliability of the data presented is confirmed or denied by the traffic police on duty by calling the hotline.
• Referring to paragraph 7 of Article 5 of Law No. 3-FZ “On the Police,” which guarantees the opportunity to familiarize yourself with materials affecting the interests of a citizen, demand documentary evidence of the ongoing operational activity that led to the forced interruption of the trip.

Attention. The inspector's reference to internal closed standards is illegal due to Art. 15 of the Constitution, which prohibits the application to individuals of acts that have not been published for public information.

• With convincing justification, give the inspection officer the opportunity to check the documents specified in the Road Traffic Rules.

• An appeal against an abuse of power by the security control service is allowed within ten days after the event.

If a person dressed in uniform does not have a badge or official identification, law enforcement agencies should be immediately reported.

Why do traffic police officers check documents referring only to clause 2.1.1 of the traffic rules?

Good afternoon, Evgeniy! Stopping without reason was possible before the Order No. 664 dated August 23, 2017, which you specified, approving the relevant Administrative Regulations, came into force. Therefore, in this situation, the traffic police officer really does not act legally, but relies on the drivers’ ignorance in this matter (or he himself does not know the Order), so in this situation you have the right not to present documents.

Here is a comprehensive list for stopping the vehicle and checking the document from the above Order:

P. 106:

— identifying signs of violation of traffic rules;

— the presence of references or other data indicating the involvement of the driver and (or) vehicle in the commission of an accident, crime or administrative offense, the use of the vehicle for illegal purposes, as well as giving reason to believe that the vehicle is wanted;

— carrying out measures to prevent road accidents and reduce the severity of their consequences;

— 84.1. Signs of violations of road safety requirements identified visually or recorded using technical means;

— 84.2. Availability of data (orientations, information from the duty officer, other squads, road users, visually recorded circumstances) indicating the involvement of the driver and passengers in the commission of an accident, crime or administrative offense;

— 84.3. Availability of data (orientations, information from operational and investigative records of internal affairs bodies, information from the duty officer, other squads, road users) about the use of the vehicle for illegal purposes or grounds to believe that it is wanted;

— 84.11. Carrying out, on the basis of administrative acts of the heads of territorial bodies of the Ministry of Internal Affairs of Russia at the regional (district) level, heads of departments of the State Traffic Inspectorate of the territorial bodies of the Ministry of Internal Affairs of Russia at the regional (district) level, measures to prevent road accidents and reduce the severity of their consequences in order to protect life, health and property citizens, protection of their rights and legitimate interests, as well as the interests of society and the state.

Thus, clause 106 of the Order just clarifies clauses 2.1.1 and 2.2 of the traffic rules, and the specified clauses of the traffic rules are not in themselves a basis for stopping the vehicle and checking documents (i.e. without reason).

Evgeniy, good luck on the roads! If you have any questions, please contact us.

Motivation for the procedure

The grounds for revising documents of road users are determined by the content of clause 82 of the regulatory order:

1. Detection of non-compliance with road traffic rules.
2. Conducting operational actions by the police.
3. Search processes based on information and information materials.
4. Control measures carried out by squads of stationary service posts.
5. Targeted orders of the traffic police leadership on the introduction of verification law enforcement regimes for permanent road units.

Document research methods

The legal regulations of the Ministry of Internal Affairs establish acceptable methods for analyzing certificates and vehicle markings:

• visual control of documents;
• vehicle inspection;
• use of reference, search, and operational materials from federal accounting information databases;
• use of specialized devices.

Important. Referring to the records of the State Traffic Inspectorate when registering an administrative offense is mandatory.

Can an inspector check the technical condition of a car?

According to the regulations of the Ministry of Internal Affairs No. 664, the traffic police inspector has the right to check the technical condition of the vehicle in the event of a malfunction of the brake system or steering. If red reflective elements or devices emitting the specified color range are installed on the front of the vehicle. Also, a vehicle inspection can be carried out if:

1. windows have darkening glass or film, the light transmittance of which does not meet established standards;
2. sound and light signals were installed without the appropriate permits.

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Driver's actions when checking documents by traffic police officers

The person who was driving the car before the inspector stopped at a stationary post is obliged to present for inspection the documents provided for in subsection 2.1.1 of the Russian Road Traffic Rules:

• Certificate for the right to drive transport of the appropriate category;
• Certificate of registration of mechanical equipment by government departments;
• Insurance policy.

Reference. The Code of Administrative Offenses imposes arrest or a fine for refusal to comply with the reasonable demands of a police officer.

Reasons for checking the driver's documents

In accordance with the new Administrative Regulation No. 664, police officers have the right to stop vehicles and check documents of drivers at stationary traffic police posts and beyond. At the same time, the places in which the traffic police inspector can exercise such a right are determined by the leadership of the department.

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The choice of duty station is based on an analysis of the accident rate on the road, as well as the presence of potentially dangerous areas. Such innovations are associated with a sharp decrease in the number of traffic police posts.

In accordance with Art. 84 of the Order of the Ministry of Internal Affairs No. 664, the grounds for stopping a vehicle are:

1. neglect of traffic rules, the fact of which was recorded visually or using special stationary or portable technical means;
2. orientation or information from the duty officer about the involvement of the vehicle in an accident or other offense;
3. information that the car is stolen or wanted;
4. the driver of the car is a witness to an incident on the road;
5. the driver is involved as a witness;
6. the traffic police representative needs to use the vehicle for official purposes;
7. traffic containment/prohibition;
8. ensuring the passage of special-purpose vehicles;
9. providing assistance to other road users before the arrival of medical services;
10. scheduled vehicle inspection;
11. presence of a threat to traffic safety;
12. inspection of documents confirming the right to drive a car;
13. existence of grounds for detaining the driver or passengers of the vehicle.

After stopping in accordance with Art. 106 of the Administrative Regulations of the Ministry of Internal Affairs No. 664, a patrol officer of the State Traffic Inspectorate may request documents for verification based on:

• obvious disregard for traffic rules;
• orientation, other information that indicates that the driver or other persons in the vehicle are participants in an accident or other offense;
• the car is listed as wanted or stolen;
• order to carry out an operation to reduce the accident rate and severity of accidents on the roads.

In addition, the traffic police inspector has the right to inspect the driver’s identification documents in the following cases:

1. traffic rules were violated;
2. availability of data to initiate a case of an unlawful act, based on the Code of Administrative Offences;
3. suspicion of falsification of documentation for vehicles or cargo;
4. the citizen is suspected of committing other crimes;
5. the driver is involved by the inspector as a witness or witness.

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A traffic police officer has the right to check a license to carry out a certain type of activity during special measures to reduce accidents, when checking cargo or violating traffic rules.

Appealing the actions of a traffic police officer

The traffic police regulations establish two ways to resolve the conflict:

1. Appeal to senior managers of the department who committed violations.
2. Judicial procedure.

In the pre-trial approach, the complaint is filed arbitrarily, but with the obligatory indication of information:

• Position, surname of the addressee;
• Details of the protester;
• The circumstances of the offense committed by the traffic police officer;
• Describes the attached documentary and material evidence of the official's guilt (video, audio recording of the incident, copies of unauthorized decisions, witness testimony);
• Date of preparation.

The message is sent in a convenient way or delivered to the organization’s office in person. Officials are required to prepare a response to the complaint within 30 days. The filing of a lawsuit is carried out according to the norms of Russian legal proceedings.