Can a traffic police officer stop to check documents?

The common situation on the road is satisfied: a law-abiding citizen moves in his vehicle without violating the rules of the road. Suddenly, traffic police officers stop him, outside the stationary post, and demand to show documents. How legal and legal is this? Let's try to figure it out.

We have already considered 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. Here is a small list of cases in which a stop and a requirement to present documents will be legitimate:

• detection of signs of violation of traffic safety requirements - that is, the driver violated one of the points of traffic rules;
• the inspector has an orientation or an order to check the vehicle and their drivers for involvement in the commission of illegal actions - a special operation "Interception" is carried out and everyone who falls under the orientation is slowed down;
• an accident occurred and the inspector stops the vehicles to question the drivers about the circumstances, or the need to involve attesting witnesses;
• the inspector needs the help of a driver: to transport the victims of an accident, to use a car to catch a criminal;
• carrying out various activities on the basis of administrative acts of higher authorities.

In the 63rd paragraph of the order, it is clearly and clearly stated that it is possible to stop a driver to check documents only within the boundaries of stationary traffic police points. As you can see, just like that, for no reason, traffic police officers do not have the right to check you.

However, stoppages have already become commonplace. Employees of the State traffic inspectorate refer to the following laws and regulations. First of all, to paragraph 2.1.1 of the SDA, which says that at the request of the traffic police officer, the driver is obliged to present a certificate and documents for the vehicle, as well as an OSAGO policy.

Secondly, there is article 13, paragraph 20 of the Federal Law “On Police”, which states that inspectors, as well as representatives of various services of the Ministry of Internal Affairs, have the right to stop cars in the following cases:

• to check documents for the right to use and manage the vehicle;
• to ensure safety on the roadway;
• when suspected of possible violations.

Further in this article there is a whole list of points. But one thing is clear that, having stopped you, the traffic cop can argue that he has some suspicions. For example, a young guy is driving an expensive jeep, and music is playing loudly in the cabin and the whole company is having fun. Or the law enforcement officer has questions about the cargo you are transporting in the trailer. In a word, there are millions of reasons for suspicion.

Indeed, we see double standards. On the one hand, the reasons for stopping are strictly regulated in the order of the Ministry of Internal Affairs. On the other hand, the very wording of “suspicion” is rather vague. As they say, you can suspect any of us, and in anything.

Fortunately, article 27 of the same Federal Law “On the Police” brings clarity. What does it say? Literally the following:

• the traffic police officer is obliged to adhere to the official (administrative) regulations of the traffic police.

Well, the requirements of this regulation are listed in Law 185 of the Ministry of Internal Affairs, clause 63. That is, all those points that we have listed above. Thus, if you are stopped for no reason, you should refer to all of these articles and subparagraphs.

On the other hand, there is a small innovation. In 2016, minor additions were made to Order No. 185. In particular, traffic police officers received the right to check documents outside the stationary points of the traffic police and without special reasons, but on condition that control is carried out on a company car with flashing lights on. Hidden patrol is prohibited - you can safely pass by if you see someone jumping out of the bushes and waving a striped stick at you.

It is clear that a simple driver, hurrying about his business, has no time to delve into all these legal jungles. However, there are some simple rules to follow if you are stopped for no reason:

• turn on the camera, voice recorder or video recorder to record the conversation;
• the inspector is obliged to show, without letting go, his certificate, give his name and rank, indicate the reason for the stop;
• if there was no indication of the reasons, you can tell him about the illegality of the actions;
• in the case of drawing up a protocol for allegedly refusing to comply with the legal requirements of the inspector, write in it that you were stopped without explanation / for no apparent reason.

Among other things, at your request, the inspector is obliged to provide you with all his data in order to file a complaint against him with the prosecutor's office and the traffic police department. That's what lawyers advise you to do. Again, all this takes a lot of nerves and time, so if you don’t feel any guilt, just show the documents, fixing the process of communicating with the traffic cop on camera, and peacefully go on about your business.

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