What to do if you ignored the requirement by mistake
It happens that the driver simply does not notice the traffic police officer. This is possible at night or in fog.
If a fine is issued, a dashcam recording will help prove poor visibility. According to clause 65 of the Administrative Regulations of the Ministry of Internal Affairs, a traffic police officer must use a luminous or reflective baton and reflective clothing at night.
To appeal a fine, follow these steps:
- File a complaint addressed to the head of the department whose employee issued the fine. The department's contact details are in the fine order.
- Attach to the complaint a record from the registrar, which shows that it was difficult to notice the traffic police officer. Can be on a disk or flash drive.
- Send a complaint - with a personal visit or registered mail.
- Get the answer. The answer will be given in ten days.
Driver braking procedure
If we talk about the fine for not stopping at the request of the inspector, it makes sense to mention the stopping procedure itself. It is described in detail in the same paragraph 6.11. current traffic regulations, and is necessary for familiarization first. In order for the driver to stop, the inspector must use a loud-speaking device or gesture to highlight his car, and then indicate the place where it should stop .
To achieve greater signal clarity, it is permissible to use not only your hand, but also a striped rod or a disk with a red reflector to indicate. In addition, in order to attract the attention of the driver and other road users, a whistle or special signals (light/sound) can be used.
In conclusion, we would like to remind you that the number of cars on the roads is many times greater than the number of traffic police officers, which means that the likelihood that you will be stopped for inspection is equal to hundredths of a percent (provided that, of course, you have not violated anything and are not suitable not according to any orientation). However, if you do see the characteristic wave of the baton, do not make a big deal out of a mountain, but simply proceed to the side of the road - such encounters will not bring any trouble to respectable drivers.
Is it worth returning to the employees if you have already passed
Alexander Torvard, auto lawyer
Sometimes the driver may not notice that the inspector has given a signal to stop and drives on. The inspector most likely will not catch up with you unless he suspects you of theft or drunk driving. You don't have to come back.
I can give you a case from practice. A man was driving along an unfamiliar road at night. He was given a sign to stop by a man whose shape resembled a traffic police officer, but there was no baton in his hand and there was no flashing light on the roof of the car. The man was afraid for his life and did not stop. It turned out that these were real traffic police officers, and they gave him a real fine. Later in court, the man explained why he did not stop. The court took into account his explanation and canceled the fine. In such cases, it is really better not to stop and not return - for your own safety.
When refusal to stop can be justified
The law distinguishes two main cases in which it is assumed that the driver committed the violation unintentionally.
- The driver did not stop because he received a signal to stop in a dimly lit area from a person vaguely reminiscent of a traffic police inspector. This is due to cases of fraud and banditry, in which cars can be stopped for malicious purposes. In such a situation, drivers prefer to pay a fine rather than become a victim of criminals. And, again, it wouldn’t hurt to ask to see your ID and badge. Traffic police officers are required to do this at the first request of drivers.
Disobedience to the inspector's demands and refusal to stop in some cases may be fully justified by certain external circumstances. Here is an example of several situations in which you should not stop even after the traffic inspector’s sign:
- Immediate stopping at the signal given by the inspector may entail the risk of an emergency or violation of the Traffic Rules. Another option could be a situation where the signal was given too late or the driver did not notice it in time. In this case, it is better not to stop and continue driving to the nearest place where stopping will already be legally permitted. After this, you can return to the traffic inspector’s post and answer his questions. In such a situation, the driver can even avoid a fine if he gives objective reasons for his actions and justifies them.
- The stop signal was given on a poorly lit section of the road or by a person who did not look like a traffic police inspector. In this case, it is better to play it safe, because even possible prosecution or a fine imposed is not as dangerous as the possibility of being robbed by a fraudster posing as a traffic inspector.
1. First, the traffic police officer must select the car he needs in one of the following ways:
- using a loudspeaker device;
- gestures;
- using a striped rod;
- using a red reflector.
In addition, the traffic inspector also has the right to attract the attention of road users with a whistle or other special light or sound signals.
2. Indicate to the driver a place to stop.
If a traffic police officer violates the established braking procedure, the driver has the legal right to disobey him and continue driving. However, in this case, he needs to be prepared to receive an order to pay a fine. In the future, he will have to defend his case in court, where additional evidence of his innocence will be needed.
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How, according to the regulations, a vehicle is stopped at the request of a traffic police officer
In paragraphs 85-87 of the special regulations for traffic police officers states that the inspector must give a signal to stop in one of the following ways:
- hand,
- with a rod,
- using a loudspeaker,
- using a whistle.
The traffic police inspector is obliged to take into account the safety of all other drivers on the road and cannot order to stop in a place that is dangerous for the driver or contrary to traffic rules.
Further actions of the inspector are described in paragraph 89 of the regulations. When stopping a vehicle, a traffic police officer must:
- approach the driver without delay;
- name the position, rank, first and last name;
- state the reason for the stop;
- request documents if deemed necessary;
- present a certificate at the request of the car owner;
- if you are going to detain the driver or his car, explain the reason, rights and obligations;
- if you plan to involve the driver or passengers as witnesses or witnesses, explain their rights and responsibilities.
Fine for not stopping at the request of an inspector in pursuit
In itself, the amount of the fine for ignoring a traffic police officer’s request to stop is small. However, it must be taken into account that such disobedience can provoke a chase with all the consequences emanating from this situation. If the driver was simply not paying attention (or was performing a difficult maneuver on a difficult road section) and missed or simply did not pay attention to the patrol command, and then saw that he was being chased, naturally he should stop immediately.
Perhaps the car owner, if the traffic police representatives are loyal and have all the documents and the car is in good condition, will not be in any danger. However, according to the law, a fine may be issued. Another thing is deliberate avoidance of a special vehicle. To find out about all the negative consequences of this action, you can simply refer to the Law “On the Police” Articles , , .
In particular Art. 23, paragraph 3 states that a car can be stopped with the use of firearms, by disrupting its mechanisms - when the car owner refused after several repetitions of the request to stop. The use of weapons will be all the more justifiable if the officers consider the driver’s actions to be a deliberate escape and attempt to escape, and there is also a threat from this to the health or life of other road users, pedestrians, etc.
In addition, paragraph 97 of Order 664 states that the traffic police inspector has the right to slow down the car being pursued, using for this:
- Special devices (for example, spiked tape).
- Stopping traffic on a separate section of the road.
- Putting up a barrier of cars.
- Shooting from a firearm.
If the pursued car and the actions of its driver seem overly suspicious to traffic police officers, they have the right to use any of the methods discussed in order to complete the chase as soon as possible. The consequences of such events can be fatal for both the vehicle and the driver and passengers.
When can you ignore stop signals?
The car owner may not stop if the inspector demands to do so where the rules prohibit:
- on tram tracks;
- at railway crossings;
- if the road is already 3 meters, which means that a stopped car will block the passage for others;
- at pedestrian crossings and closer than 5 meters in front of them;
- if road visibility is less than 100 meters;
- closer than 5 meters from the intersection;
- closer than 15 meters from a public transport stop;
- if the car blocks the traffic light from other drivers;
- in the bike lane.
You also don’t have to brake after a “No Stopping” sign.
If the car owner did not brake in prohibited places and the inspector issued a fine, such a decision can be appealed and a record from the registrar can be attached.
Traffic rules and fines for 2021
Regardless of the reasons for disobeying the officer, the motorist must be detained. Usually, after a short pursuit, the owner of the car is stopped. There is a clear violation of clause 6.11 of the rules, which obliges you to stop at the place indicated by the inspector.
For this violation in accordance with paragraph 2 of Art. 12.25 of the Code of Administrative Offenses of the Russian Federation provides for a fine of 500–800 rubles. The inspector has the right to independently choose the amount that will be indicated in the protocol on the administrative offense.
Remember
- The punishment for the driver for not stopping is from 500 rubles to arrest for 15 days.
- If the car owner did not notice that the inspector was signaling to stop and he issued a fine, it can be appealed. Attach a recording from the registrar to the complaint, which shows that the inspector was invisible.
- The inspector may give chase if he considers that the driver is dangerous to other road users.
- The car owner may not stop if the rules prohibit doing so in the place where the inspector points.
All articles by the author: Evgeniy Lesnov
Where can traffic police inspectors stop?
Let's start with the fact that many drivers do not specifically stop at the request of the traffic police, citing the fact that the official car is in the “wrong” place. And here one of the fatal mistakes is made - the inspectors think that the driver is drunk, carrying drugs or stole a car, so he ignored the demands to stop.
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Previously, inspectors had the right to stop without reason only at stationary traffic police posts, but since 2021 this rule has been abolished. Traffic police officers were given the opportunity to stop drivers anywhere to check documents. Places are determined not independently, but by higher management, but this does not change the essence.
Undesirable and dangerous consequences
Sometimes, if an employee’s request is ignored, no punishment follows. Thus, a motorist will not be punished if he made a difficult maneuver. It is possible that the inspector gave an untimely signal. The motorist will not face any serious consequences.
If the inspector’s request to stop is deliberately ignored, and even more so when signals are given again, the situation will change dramatically. If the first requirement is not met, the traffic police officer automatically receives the right to pursue the vehicle.
At the same time, information about the incident can be transmitted to other traffic police units. The inspectors will carry out further actions in a forced manner for the driver (stop, detention) depending on the situation.
This is confirmed by Art. 67 of the administrative regulations of the traffic police, which indicates the sequence of actions when information about such a violation was received. It also describes what to do in case of simultaneous violation of traffic rules by several road users.
When referring to Federal Law No. 3-FZ “On Police”, you can find out that a traffic police officer has the right to stop a vehicle in any way, the driver of which attempted to escape and used:
- any special means that have been developed for such purposes;
- restrictions or bans on movement on specific sections of the road;
- vehicles, including special ones, that are involved in the detention;
- firearms type.
All described situations significantly worsen the driver's position. Severe sanctions will be applied against the violator.