Vehicle Inspection vs Vehicle Inspection - What's the difference?
Often the drivers themselves, and the traffic police, confuse the concepts of "inspection" and "inspection". For example, if an inspector stops you and asks you to open the trunk, show a first aid kit with a fire extinguisher, or rewrite the VIN code. In what cases is the driver obliged to obey the lawful demand of the law enforcement officer on the roadway, and when can this request be ignored?
The difference between these two concepts is significant and is spelled out in detail in the relevant legislation and traffic rules. To become familiar with it, every average driver must at least:
- know the basic norms of the administrative code (CAO);
- understand Order 185 of the Ministry of Internal Affairs, which we wrote about earlier on the Vodi.su website;
- remember the traffic rules by heart, since for the violation of certain points, in particular those relating to the transportation of goods, the inspector has every right to conduct a visual inspection of the vehicle.
Let's consider these two concepts in more detail.
Car inspection
First of all, it must be said that neither in the Code of Administrative Offenses, nor in the SDA, the meaning of this term is disclosed. Information about it is contained in paragraph 149 of order No. 185. What are the grounds for doing it?
- availability of guidelines for checking vehicles that fall under certain criteria;
- the need to verify the VIN code and unit numbers;
- the transported cargo does not correspond to the data specified in the accompanying documentation.
At first glance, everything is clear. For example, if information about the theft of a car of a certain model and color is sent to all traffic police posts, the inspector can stop you and check registration numbers, VIN code, and check documents. Or, if a violation of the rules for transporting goods is found, this may also be the reason for the inspection.
Remember:
- the inspection is carried out visually, that is, the traffic cop does not have the right to drive instead of you or tear the packaging to check the contents.
Article 27.1 of the Code of Administrative Offenses “On measures to ensure the production of an administrative violation” does not consider the concept of inspection. However, if the inspector clearly and distinctly explains the reason for the visual inspection, you have the right to refuse, in which case the following actions can be applied against you:
- inspection;
- seizure of personal belongings, documents, even a vehicle;
- medical examination;
- detention and so on.
Thus, it is better to agree to a visual inspection. When it is carried out, according to order 185, the driver, or persons accompanying the cargo, such as a freight forwarder, must be present.
Inspection
Paragraph 155 of order 185 clearly describes this term:
- checking the car, body, trunk, interior without violating their integrity.
That is, the traffic police inspector can independently open the doors, trunk, glove box, even look under the rugs and seats. At the same time, two witnesses must be present, the presence of the driver is not necessary.
The order of the Ministry of Internal Affairs also considers such a thing as a personal search, that is, checking things that are with an individual. At the same time, it is also forbidden to violate their constructive integrity. Reasons for conducting an inspection, including personal:
- the presence of sufficiently serious grounds for the assumption that in this vehicle or with this individual there are tools for committing a crime, prohibited or dangerous substances (drugs, pesticides, explosives, etc.).
If suspicions are confirmed during a detailed examination, a protocol will be drawn up in the appropriate form, which will be signed by the employees who conducted it and witnesses. The driver has the right to refuse to put his signature under this document, which will be noted accordingly.
Inspection and inspection: how are they carried out?
According to the inspection, a special act is drawn up, which indicates data on the vehicle, driver, traffic police officer, date and place of the event, accompanying persons, and cargo. If nothing is found, it is sufficient to obtain verbal permission for further travel. The inspector himself cannot open the doors or the trunk, he must ask the driver about this.
Inspection is also issued according to the act. In case of emergency (if there is 100% accurate evidence of a crime or transportation of prohibited substances), the presence of attesting witnesses is not mandatory. In extreme cases, the instruction even allows the opening of customs seals, which is noted in the inspection report.
During these actions, traffic police officers do not have the right to check the expiration date of the fire extinguisher or the contents of the first-aid kit; conduct an impromptu "technical inspection", that is, check the play of the steering wheel or the condition of the tires. If this is the case, you can file a complaint about the involvement of inspectors under the article about arbitrariness.
Remember: the inspection is carried out only after the reasons for the stop are indicated to you.
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