Responsibilities and driver's rights. Driver's rights when stopping traffic police

Most of the owners of vehicles do not know what rights the driver has, what is included in his duties and what actions are prohibited. In a situation where police officers stop, this can cause a conflict. In such cases, many drivers do not believe in a favorable outcome and agree with the decision of the traffic police officer, without contesting his verdict. Moreover, some unscrupulous representatives of this profession take advantage of the lack of sufficient knowledge of the current legislation among the population.

The rights and obligations of the driver should be known to any self-respecting car owner. This is necessary in order to minimize such situations.

Driver rights

If an authorized employee stops the vehicle, he must immediately approach it. The driver must stop without violating traffic rules. Otherwise, they may fine him. The driver’s rights when stopping the traffic police include the ability not to leave the vehicle. You can conduct a conversation with an employee through the window. The representative of the police, going up to the person, should clearly introduce himself. The driver’s rights also include the ability to require the traffic police to present an official certificate. The traffic cop must show the document without letting go of his hands. If necessary, the driver can record employee data in case of any disagreement.

If the requirement to stop occurs in a single outfit on cars with missing special signs in the dark on unlit streets and road sections, and in violation of the rules, then the driver’s right when stopping includes the option not to fulfill the requirements. After this, the person must report this case to the nearest traffic police post or police department. This is due to the assumption that it was not police officers who stopped the person.

The driver’s rights include recording all the actions of a police officer, talking with him to a voice recorder, and travel routes to a video camera. The removal of video or audio recording media is prohibited. The exception is cases where the means can serve as a tool for committing an offense.

Grounds for stopping transport

If the vehicle is stopped by a police officer, it is recommended that the driver be polite, not rude, speak respectfully and correctly. He must ask the reason, since this requires a foundation, which the traffic police officer must clearly articulate and explain.

If the representative of the traffic police did not explain the reason for the stop, the driver’s rights include the continuation of the journey. At the same time, asking permission for this action from the employee who stopped him, the person can go further.

The reasons for stopping are the following factors:

• The presence of signs of violation that relate to safety standards.
• Involvement of a driver or passengers in an administrative offense, an accident or a crime.
• A survey of the person managing the transport, or passengers about the circumstances of an administrative offense, the commission of an accident, the crime of which they were eyewitnesses.
• Checking documents for the right to use and manage the car.
• The implementation of certain actions aimed at checking the transport, transported goods and persons moving in it.
• Attracting a driver to assist police officers or other road users.
• For the purpose of using the vehicle by government officials.
• In order to attract a road user as a witness.
• Reasons to believe that the vehicle is wanted, or it is used for illegal purposes.
• Implementation of regulatory and regulatory actions.

If a situation arises in which a person does not agree with the requests and verdicts of the police officer, then the driver’s rights include the requirement that a higher representative of the structure be called.

Responsibilities of drivers of vehicles

The responsibilities of the driver include the following:

• Stopping vehicles at the request of an authorized employee at the place indicated by him. The driver’s rights to the traffic police do not allow the refusal to perform this action.

• You need to have with you and give for verification, at the request of an authorized employee, a driver’s license (license) or temporary driving permit, as well as other registration documents and an insurance policy.

• It is necessary to be fastened by a seat belt, including it concerns passengers. Although this rule is rarely implemented. Unfastened passengers are prohibited. When driving a motorcycle, the driver and his companion must be wearing a fastened helmet. Without this requirement, it is forbidden to transport anyone.

• Check the vehicle before departure and ensure that it is in good technical condition during the journey. In the event of a steering failure, no burning or missing headlights and taillights at night, the braking system, the driver’s side of the coupling device cannot be used. Also, in the case of an inactive wiper during snow or rain, the operation of the car is prohibited. If other malfunctions arose during the journey in which the use of transport is prohibited, the driver must eliminate them on his own. If this is not possible, the person may proceed to the place of repair or parking in compliance with the required precautions.

• The driver is obliged to provide his transport to police officers, representatives of the federal security or security services in cases provided by law. This also applies to pharmaceutical and medical professionals. This law is intended to ensure the transportation of citizens to the nearest medical institution in life-threatening cases.

Responsibilities of the driver in the event of an accident

When traffic accident the driver involved in it must stop immediately. Do not touch the vehicle. It is necessary to turn on the alarm and set a stop sign. Objects related to the incident are also prohibited. If there are injured persons, it is necessary to take measures to provide assistance, call for medical assistance. In cases that do not require urgency, you can send the victims in a passing vehicle or deliver on their own to the nearest medical institution.

If, as a result of an accident, the passage of other cars is impossible or urgent delivery of injured people to their respective institutions is necessary on their vehicle, then the driver’s rights and obligations include the release of the roadway. This must be done by first fixing in the presence of witnesses the position in which the vehicle was located, as well as objects and traces related to the accident. Including this is done through the use of photo and video. It is necessary to take the necessary measures for their safety and the organization of detour by other vehicles of the accident site. The incident must be reported to the police. You also need to write down the names and addresses of eyewitnesses to the incident and wait for the arrival of police officers.

When there are no victims as a result of an accident, and the drivers have come to a mutual agreement in assessing the circumstances of what happened, they have the right to preliminarily draw up a diagram of the incident. You need to sign it and arrive at the nearest post of the road patrol service or the police to register this incident.

If as a result of the accident of two vehicles only property is damaged, and the circumstances, nature of the incident and damage do not cause disagreement between the parties, the resolution of the event on its own is allowed. They do this by filling in the respective notification forms by the parties.

The driver must get out of the vehicle if the following factors are present:

1. The presence of signs indicating intoxication or a painful condition.
2. If necessary, eliminate malfunctions or violations of the rules for the carriage of goods.
3. To verify the numbers of nodes and assemblies with entries in the registration documents in the presence of the driver.
4. When it is necessary to participate in legal proceedings, as well as assisting police officers or other road users.
5. For inspection, personal search or search of vehicles and cargo.
6. Creating a threat to the police officers with a driver of a vehicle.
7. In order to take a seat in the car, a representative of the authorities or go to the office. It happens that the participation of the driver is necessary in order to draw up procedural documents.

What is forbidden?

The following actions are prohibited for the driver of the vehicle:

• You can not drive vehicles while intoxicated or under the influence of drugs that worsen attention and reaction; in a tired or painful condition that threatens traffic safety.

• You can not take a place in organized columns and cross them.

• It is forbidden to transfer driving to persons who are intoxicated, under the influence of deteriorating attention and reaction of drugs, in a tired or painful state, and also when they do not have a driver's license of the corresponding category. The exception is driving training.

• You cannot use a phone that is not equipped with a device that allows you to negotiate without using hands while driving.

• Drive by breaking mode of work and rest, also prohibited.

It is worth noting that the driver’s rights when stopping traffic police do not include the use of narcotic, alcoholic or other intoxicating substances after an accident. We are talking about the period of time until the time of the survey or until a decision is made on the release of a person from this procedure.

Protocol writing

If you have committed an administrative offense with passengers in vehicles, do not forget that these persons are witnesses. At the same time, kinship or other relationships do not matter: sister, husband, wife, etc. The police officer must record witnesses. If the representative of the traffic police refused to do this, then the person in respect of whom he is being drawn up has the right to write that the traffic cop refused to include the witness in the document. Then you can do it yourself with the surname, name and patronymic, the address of the place of residence.

In accordance with the Constitution of the Russian Federation, each driver has the right not to testify against himself. Therefore, you can not put a signature in the protocol and not give an explanation.

If there was no administrative violation, but the traffic police inspector still draws up the protocol, then the person who does not agree with these actions has the right to indicate in the document that he does not agree with the protocol, did not violate traffic rules.

Before signing, you must carefully read and pick up a copy of the protocol.

Amnesty for drivers

Deprived drivers can be "pardoned."Amnesty means a complete exemption from administrative or criminal punishment. It is executed by publication of a special decree by an authorized body of state power. Consequently, this decision is not issued for any reason, but in cases provided for by law, the possibility of issuing an amnesty.

The Criminal Code and the Code of Criminal Procedure have their own indications of the action in question. Its concept, procedure and consequences of publication in articles and other regulatory legal acts are regulated. So, the issue of granting amnesty is considered by the State Duma of the Russian Federation. After this, a decision is made to declare the decree.

The Code of Administrative Offenses provides for the possibility of amnesty. But it does not stipulate the order of its publication. That is, there is no indication of the authority making the decision on the amnesty, the legal grounds for its announcement. Therefore, drivers who are deprived of their rights and awaiting condescension cannot hope so. But they have the legal right to appeal a court decision.

Getting a driver’s license

How to stop being a pedestrian? Today, any citizen who has reached a certain age can get a driver’s license if he has a passport, a medical certificate, a photograph and a receipt for payment.

With a set of all documents, a person chooses a driving school for training. After completing a course of theory and practice, which includes driving at the racetrack and in urban environments, the future driver takes an exam for knowledge of traffic rules, driving on the site and in the city. The student is admitted to the exam only after successful passing the theory.

If the test is passed successfully, the person receives a driver’s license. If the exam is not passed, then you can try your hand again an unlimited number of times, specifically in the part that was not passed. For example, if driving practice is not passed, then the student retakes only it.

Driving license categories

Until 2013, there were four categories of driving: A, B, C, D. They remained unchanged, but subcategories A1, B1, C1, D1 were added to them. These types allow a person to manage the most facilitated transport.

Category A driver's rights allow motorbikes to drive, and A1 - light motorbikes. If category B is indicated in the document, driving of cars and light trucks is permitted. And in subcategory B1 we are talking about quadricycles and tricycles. Category C allows trucks to drive more than 3.5 tons, and C1 - from 3.5 to 7.5 tons. Category D permits driving buses (for more than 8 passenger seats). A mark in the rights D1 allows the use of small buses with the number of passengers from eight to sixteen. Category M permits driving light quadricycles and mopeds.

Since 2014, they began issuing improved documents. New driver’s rights already have the above subcategories on the flip side. Old-style driver's licenses are valid until the expiration of a ten-year period.

Forklift drivers

Loader driver rights - what is it? The rights to the truck are a certificate category tractor driver B, C and D. Documents are issued by the State Technical Supervision. To do this, special courses are organized for the training or retraining of forklift drivers. Then, certification, passing exams and obtaining a certificate in the State Technical Supervision are carried out upon presentation of the necessary documents.

Thus, we considered all the factors that a person who is going to get behind the wheel of a vehicle must know. You must be able to defend your rights in any situation, if there is a place to try to infringe them. It is also necessary to remember that ignorance of legislative norms does not relieve the person who violated them from responsibility. Be careful on the road!