You stopped traffic police personnel or DPS: What to do? What are the powers of police employees and your right ???!!!
Construct a response to the questions with quotations from the law. Thus, it is provided in the following normative legal acts:
Road traffic rules in Ukraine (Ukraine SDA).
Order from the Ministry of Interior 21.05.2009 years ¹ 466
Order from the Ministry of Interior 30.06.1998 years ¹ 482
Regulation on the State Automobile Inspection.
Instruction \u0026quot;On the issue of units | Units | road patrol Gosavtoinspetsii Ministry of Internal Affairs of Ukraine from 27.03.2009 years ¹ 111.
You should know that no single entity without appropriate reason and authority can not stop your vehicle. The authority vested in these two structures: GAI and DPS. Concerning the grounds for stopping vehicles, it is already in need of further clarification.
In accordance with p.p.5 Clause 5 of the regulations on the State Motor Vehicle Inspection \u0026quot;and Item 14 of Regulations\u0026quot; On the issue of units of traffic police officers Gosavtoinspetsii Ministry of Internal Affairs of Ukraine from 27.03.2009 years ¹ 111, DPS officers and traffic police have the right stop the vehicle in such cases:
1 Violation of traffic rules by drivers.
2. The nature of the vehicle raises the suspicion of possible | solvency | driver control it (a sharp and intermittent | Frequency | change | change | direction of motion and (or) high-speed mode).
3. No license (w |) character (s) on the vehicle or the presence of the plates, which are | what | does not meet the requirements of | his demand | standards set out in the not established for this place, hidden behind other objects or contaminated, that does not clearly identify the characters plate with | s | range of twenty meters, as well as driving, in the absence of the coupon on the passage of the state inspection.
4. The presence of signs, | indicating a technical failure of the vehicle.
5. Available evidence about the involvement of the vehicle, the driver, passengers or cargo to | to | commit a traffic accident, crime or misdemeanor.
6. Stay in the search of the vehicle, as well as the availability of data on the use | use | vehicle with unlawful purpose.
7. The need to survey the occupants of the circumstances of the commission of an accident, an administrative offense, a crime witnessed by | a |, they are or could be.
8. The need to attract the driver\u0026#39;s vehicle for providing assistance to other road users or employees of the police or as a witness in the design of administrative materials.
9. Targeted interventions (surgery, labor, operational plans) for verification of documents for use | of | and driving, as well as documents on the vehicle and cargo.
10. Implementation of decisions of authorized state agencies to restrict or prohibit the movement.
11. If the technical condition of | the camp | the vehicle or method of stowing it poses a danger to other road users.
12. Violation of the order to establish and use | use | of a vehicle of special light or audible warning device.
In this case, you need to know that, in accordance with | respectively | p.2.14 PM a) SDA in Ukraine, the driver has the right to know the reason for stopping, testing and inspection | inspection | vehicle, an official state body, which is | a | exercise | doeth | traffic supervision, as well as his name and position, and | w | in accordance with | respectively | PM d) require a person | person | who | what | has | doeth | monitor traffic and stopped the vehicle, the presentation of certificates of identity.
It must be remembered that in accordance with | respectively | paragraph 1.3. Order dated 21.05.2009, the Ministry of Internal Affairs number 466, a traffic policeman ordered to delete | off | in their work unfounded cases | groundless | stop cars.
What documents are entitled to seek to verify the traffic policemen or DPS?
This list | enumeration | fixed 2.1 SDA in Ukraine, this list | enumeration | exhaustive!
Other documents they have no right to claim and you are not required to store | protect | for yourself.
Hence | So |, the driver of the mechanical | mechanicalness | vehicle must have at
a) The license for the operation of the vehicle and pass the appropriate category, which is added | Doda | to | to | the permit;
b) the registration document for a vehicle (for vehicles of the Armed Forces - the technical card), and in the absence of a vehicle of its owner | owner | In addition, - the certificate of right of common ownership of the vehicle or the registration or other certified in established procedure document, which confirms the right of management, use | use | or disposal of such vehicle;
c) in case of vehicles of flashing beacons and (or) special sound signaling devices - a permit issued by | issues | Inspectorate Ministry of Internal Affairs, in the case of advertising - an agreement, which is issued units | Units | Interior Ministry traffic police;
d) in the legislation cases waybill and documentation for the goods that are transported, to route vehicles - route plan and schedule | alignment | Movement; at krupnogruzovyh | and large vehicles and
vehicles that carry | doeth | carriage of dangerous goods - documentation in accordance with | respectively | Requirements | redemption | special rules;
r) policy (certificate) compulsory insurance of civil liability of owners | owner | ground vehicles. Drivers who | what | according to | respectively | the law are exempt from compulsory insurance of civil liability of owners | owner | ground vehicles on the territory of Ukraine
must be accompanied by supporting | documents (ID). In accordance with | respectively | the art. 13 of the Law of Ukraine \u0026quot;On mandatory insurance of civil liability of owners | owner | ground vehicles\u0026quot; involved in the fighting and war-disabled, as defined by law, persons with disabilities in group I who | what | Personal manager owned by | with appropriate | their vehicles, as well as person | person | who drives a vehicle owned by a disabled group I, in his presence, are exempt from compulsory insurance of civil liability in the territory of Ukraine.
Remember that dwell at the request of a policeman to compliance with the mandatory rules of the road! This is directly involved in p.2.4 SDA Ukraine. Therefore, if a police officer requires you to stay in some place and you know that making a stopover at the request of a police officer you breach | excite | SDA in Ukraine, you must then stay in compliance with traffic rules in Ukraine. So, if you\u0026#39;re staying at the request of traffic police and for that you are attracted to administrative responsibility (for the fact that you\u0026#39;re staying in a forbidden | forbidden | site), then boldly in the record indicate that the location of a vehicle you have a policeman. If witnesses do not, then this box set with his own letter zed. Also, it should be done if the field the offense still has free space. This is to ensure that the police could not illegal to add something to the protocol on administrative violation.
In accordance with | respectively | p.13.11 instructions on the issue of units | Units | traffic police officers Gosavtoinspetsii Ministry of Internal Affairs of Ukraine, traffic police officers (DPS) must take into account a number of circumstances: when stopping the vehicle must take into account traffic conditions, the safety of other road users movement. To stop crime in exceptional circumstances (reasonable grounds to believe that the driver is | have called | able | mill | intoxication is suspected of committing a crime, left the place of accident, creates an emergency situation, other road users) are allowed to stop in places prohibited | taboo | SDA except for crossings.
Thus, on the basis of | s | of the item, we can conclude | sovershitpri that police officers are prohibited to stop vehicles in places where it is forbidden | Forbidden | SDA in Ukraine, an exception if there is reason to believe that the driver is | have called | able | mill | intoxication is suspected of committing a crime, left the place of accident, creates an emergency situation, other road users. Therefore, if the policeman forcing you to stay in violation of traffic rules, he acts inappropriately. And if in consequence of this is | deals | protocol on administrative violation, we must disagree with this, explain this fact in the record and appeal to a traffic policeman.
According | So |, p.2.4. SDA: \u0026quot;At the request of a policeman stops a driver has to do with the requirements | demand | these Rules, as well as:
a) to transfer to verify the documents identified in paragraph 2.1;
b) allow the check numbers of units and the completeness of the vehicle;
c) allow the vehicle to inspect in accordance with | respectively | the law in the presence of a legitimate reason.
2.4-1. In place of size and weight control at the request of an employee item size and weight control, or the Interior Ministry employee truck driver (including mechanical | mechanicalness | vehicle) must stay in compliance with the requirements of | Demand | these Rules, as well as:
a) to transfer to verify the documents identified in paragraphs \u0026quot;a\u0026quot; |, \u0026quot;b\u0026quot; | and \u0026quot;d\u0026quot; | paragraph 2.1 of these Regulations;
b) provide a vehicle and trailer (if any) for the weight and / or position of control in accordance with | respectively | the established procedure. \u0026quot;
Also, the driver shall on demand of a policeman in the prescribed manner to pass a medical examination | examination | to determine the state | mill | alcohol, the influence of drugs or toxic substances.
The order to stop the vehicle
The order to stop the vehicle settled Clause 15 Regulations \u0026quot;On the issue of units | Units | road patrol Gosavtoinspetsii Ministry of Internal Affairs:
15.1. In the event that an employee unit | Units | DPS decision to stop the vehicle the latter must take into account all its consequences (the reason for the stop, road | Road | terms of traffic, lighting or visibility of the road | roads |, the potential experience of the driver).
15.2. Signal to stop the vehicle supplied | give | employee units | Units | DPS s | s | pavement (shoulders) in an understandable form for drivers (signals) through | through | Wand regulator |, whistle, or hand. This rod (arm) the employee CPD points
directly on the vehicle, which is | a | is stopped, and the proposed stopping place.
15.3. Place to stop the vehicle the worker units | Units | DPS should indicate so when was the last full stop in front of a patrol car (bus, motorcycle) or a post | Post | at a distance of 20 meters.
15.4. After stopping the vehicle the worker units | Units | DPS should go to | to | the driver compliance with the measures of personal safety.
15.5. In his address to the driver to traffic police Interior Ministry employee is obliged to make his right hand to | to | head-dress, to say hello, introduce myself clear and understandable, to give his position, rank and last name, express | express | demand | reclaim | transfer documents by the driver, identified in paragraph 2.1 SDA, to verify and report the reason for stopping the vehicle and the essence | essence | offense.
Remember that traffic police officers and DPS, categorically | categorical | prohibited harassment:
on | service vehicles (buses, motorcycles), who | what | do not have the special light and sound devices on their own or private | private | vehicles
moped, motorcycle without a helmet, except when there is information that they have committed crimes
vstupati a conversation with the participants of traffic on that | any | are not related to | to | the service.
In accordance with | respectively | the same instruction on the issue of units | Units | road patrol Gosavtoinspetsii Ministry of Internal Affairs of Ukraine \u0026quot;(p.18.7):
In relationship with road users are prohibited:
contact | to | to | to road users to \u0026quot;you\u0026quot;;
using threatening or offend | insults | gestures;
tolerated in contemptuous intercourse | disdainful | tone, rude, impolite of comments, expressions or cues that | what | insult | insult | human dignity, threats;
bring baseless | groundless | charges.
In accordance with | respectively | § 28.2 Instructions for the activities of the units | Units | road traffic police patrol Approved |. order of the Ministry of Interior 27.03.2009 N 111: During a statement to the road worker units | Units | DPS should clearly introduce myself, calling his position, a special rank, name and reason are | essence | treatment.
In the case of treatment of citizens (to obtain information about the crime and the like) the employee units | Units | DPS must take action regarding | about | assistance and act in accordance with | respectively | about his official duties | Debt |.
In a conversation with the citizens of workers units | Units | DPS must keep calm and vyderzhsku. Unacceptable rudeness, expressions, and cues that | what | insult | insult | human dignity, and any | any | action that shows disrespect to | to | to citizens, comments that | what | do not relate
duty | duty |.
On request | reclaim | citizen worker units | Units | DPS must present official identification.
28.3. Stop the vehicle is carried out exclusively with a rod, and in exceptional cases - a gesture of his hands. This worker units | Units | DPS first points on a vehicle that | a | must stop, and then | then | - the place where he should stay.
To attract the attention of road users can be made | give | signal whistle (if required - included a special light or audible warning device). Gestures employee units | Units | DPS must be understood by all drivers and pedestrians, cast | give | and in a timely manner so that their performance does not constitute an emergency situation.
Employee unit DPS during a stop of a vehicle must without delay go to the driver. To talk with the driver does not necessarily invite him to come out of the car, except :
If you find an employee units | Units | DPS stopped next to the vehicle poses a threat to personal safety of the employee. In this case, the conversation with the driver should be on the sidewalk (the side).
In order to eliminate technical malfunction of the vehicle or violations of the rules of cargo transportation.
When there are reasonable grounds to believe that the driver is intoxicated.
To carry out (in the presence of the driver) checking the identification numbers of units and assemblies of the vehicle with the entries in the registration documents.
When the driver or passengers are suspected of committing a crime.
In other cases, when the driver is a necessary part in the preparation of the documents or providing assistance to other road users.
In connection with this draw your attention to the practice where staff DPS (GAI) require the driver to sit in the car company car traffic police (GAI) - it is illegal! Therefore, you have the right to refuse to proceed to an official vehicle traffic police (DPS), as this action is not provided by current legislation. High on that traffic police personnel have the right, so this claim out of the car, and then when the above conditions.
This is referred to in Order dated 30.06.98, the Ministry of Internal Affairs number 482. Also in paragraph 3 of this order stated that the stop vehicles should be carried out at least short term, and public transport on the route - no more than 1-2 minutes.
Police explain offender about the unlawfulness of his actions have to give friendly, clearly understandable, with reference to the relevant requirements of the SDA.
During the verification of documents with the police should behave carefully, do not do them any | any any | notes. If the money invested in the instruments or securities, traffic officers have to offer to the owner | owner | pick them up.
According | to | to the current legislation and regulations, traffic officers and DPS should be cultured and courteous in communicating with citizens, adhere unswervingly to the rule of law and to prevent violations of its other employees, as well as during the management of the patrol car (buses, motorcycles) to be example | butt | for other road users in the observance of traffic rules (Regulation on the State Automobile Inspection.)
If you have additional questions or need legal advice and legal services, please call the specified legal advice. Our lawyers and attorneys are always ready to provide you with legal assistance and protection.