The city guard has new powers. What can he punish the driver for?
The municipal police, just like the police, can stop us on the road from the beginning of the year, search the car, check documents and issue a ticket. Based on it, we will also receive penalty points.
Since January 1, 2011, the powers of the city guard have increased. Like the police, rangers have the right to stop drivers for searches, but only if the traffic prohibition sign (B-1) is not observed or if the driver's offense was recorded by a video camera. The guards can't give you a ticket based on a speed camera photo. The reason is the unclear rules below.
Roadside control - what can a guard do?
During a roadside inspection, a municipal or municipal security guard can check our documents - driver's license, registration certificate and whether we have valid civil liability insurance. As before, he also has the right to issue a parking ticket to the driver.
“If the guards stop us, we have to pull over and stop at the place indicated by the officer,” explains Krzysztof Maslak, deputy commander of the city guard in Opole. – After stopping, turn off the engine and do not leave the vehicle without permission. It is best to open the window for easy contact.
The city guard's speed cameras aren't dangerous yet
Most worrying is the issue of measuring speed with speed cameras and fining drivers on that basis. In theory, an amendment to the Road Traffic Act gives municipal police the power to control speed using speed cameras.
The law provides that the guards can control the speed on the roads of communes, poviats and voivodeships, as well as on roads of national importance (city guards in the city, commune guards in the commune). However, they cannot track us on motorways or expressways.
Rangers should also consult with the traffic police about the location of the speed camera.
“Before each speed check, we must obtain the consent of the police,” says Krzysztof Maslak.
Under the new rules, the municipal police must also mark the place where they will measure the speed with a speed camera with a special sign. And here comes the staircase.
“We don’t even know what such a sign looks like yet, and there is no corresponding regulation on this matter,” explains Deputy Commandant Maslak. “Therefore, this position is dead for the time being.
Therefore, until such a ruling is issued, Rangers must not use speed cameras. However, they can measure speed using dashcams installed in a marked police car.
Penalties for last year's offenses
However, the police have the right to fine drivers caught by a speed camera until December 31, 2010. This is permitted by the transitional provisions of the amendment to the law, which relate to the proceedings for fines.
The guards also have the right to demand that the owner of the car shown in the speed camera photo indicate who was driving at that time. We are talking about a situation where the driver's face is not visible in the photo, but the registration number is visible and it is known who owns the car.
Prior to the change in legislation in a situation where the owner of the car refused to identify the perpetrator of the offense, the municipal police could not take the case to court for punishment. In such a situation, the guards had to turn to the police for help. Now the guards themselves can submit the application to the court.
Under the Code of Misdemeanors, anyone who fails to report who was driving their vehicle when the speed camera registers an offense is subject to a fine. If the case goes to court, the amount can be up to 5 PLN.
From the moment the speed camera is taken, the municipal police (like the police) have 180 days to issue a fine to the person who committed the offense. Then there is only the legal way.
Slavomir Dragula
