Most motorists do not know exactly what duties a traffic police inspector exists, in which cases he can stop the car, and what exactly should be done in the event of an accident. Consider these issues in general terms.
Severe accident
In the event that an accident caused serious consequences, the investigator, the forensic expert, and also the UR employee, go to the scene of the accident together with the traffic police, if the driver fled.
In this case, the following are compiled:
- protocol;
- scheme;
- vehicle protocol;
- reference;
- explanations of the participants in the incident;
- sobriety protocol.
Accident without injuries
In less complex cases, one employee is enough to work on the scene. The duties of the traffic police inspector then include:
- DPS charting;
- administrative offense protocol and annex with a list of vehicle damages;
- if necessary, material evidence is attached;
- checks for intoxication.
The main task of the employee is the correct interpretation of the event and fixing in full the facts.
Accident pattern
Duties of the inspector of traffic police upon arrival at the site involve the preparation of the scheme. A clear drawing should reflect the section of the road, landmarks, signs and markings, the position of the vehicle and the nearest stationary objects. Traffic accident participants can and should control measurements, and in the end they check the scheme and sign it. Two witnesses should sign.
Participants may request to add something to the circuit or correct it. The document should be signed only after the contradictions are resolved.
Explanation
After drawing up the scheme, the carriageway is freed and proceed to the stage of writing explanations. In this part, the participant is better to show their knowledge. Otherwise, the traffic inspector will justly think about the degree of guilt of a person who does not know traffic rules.
While explanations are being written, it is the responsibility of the traffic police inspector to issue certificates of damage. When checking them, pay attention to all, even the smallest, damages, as well as hidden defects, otherwise this will not be included in the insurance indemnity, if you are counting on it.
Protocol
This document is drawn up at the end when the previous ones are ready. The duties of the traffic police inspector in the execution of an accident at this stage are to make a decision on the basis of the data and in strict accordance with the traffic rules about who the guilty party is. The protocol is written out in the name of the perpetrator and handed him a copy. It is not awarded to another participant. The document displays which paragraph of the SDA has been violated, and substantiates this conclusion.
If the participant in an accident is accused of an accident, but he does not agree with this, he can:
- not to sign the protocol (then witnesses will prove that the accused refused to sign it);
- sign, but on the back or on a separate sheet, state your version of what happened, justifying why he thinks so.
In the latter case, before signing the document, it is necessary to cross out the “signature of the violator” and write “driver's signature” instead.
In addition, if, in the opinion of the participant in the accident, the duties of the inspector of the traffic police when compiling the protocol or other actions were not properly observed, his decision will be appealed to the superior. And then, if the need remains, - in court. However, it should be borne in mind that the unlawfulness of the actions of a traffic police officer, the participant in an accident will have to prove. In fact, it should be stocked with convincing arguments that will testify to the fallacy of the decision made by the inspector.
Decision or direction of the case in the traffic police
Based on the protocol, the inspector writes a decision on an administrative offense. It indicates the guilty person under a specific article of the Code of Administrative Offenses. If the article provides for the payment of a fine, then the culprit is handed a receipt, which he fills out on his own. If the punishment involves the deprivation of rights or confiscation of the instrument of the offense, then a decision on this will be taken only in court.
But sometimes, when the circumstances of the employee are unclear and he cannot identify the perpetrator, the inspector sends the materials to the traffic police unit to whose territory the scene of the incident belongs. Participants are informed of the time and address where they must appear to familiarize themselves with the decision, which is taken within 15 days.
If injured
If an accident has led to serious consequences, then the driver may be guilty or not guilty of the deed. In other words, the corpus delicti may or may not occur. Therefore, the protocol is not drawn up, and the materials are sent first to the traffic police, from where, within ten days, the case must go to the investigating authorities. A criminal case is instituted there or a decision is made to refuse this.
You should be aware that even if the case was opened, the guilty party can agree with the victims, and they have the right to petition for its termination. This, as a rule, becomes possible upon compensation of the damage caused by the culprit voluntarily.
If a protocol on an administrative offense was drawn up at the scene, then there will no longer be criminal liability. The violator cannot be held criminally and administratively liable for the same violation. It all depends on the consequences that have come. Therefore, you can be calm if a protocol on an administrative offense is drawn up at the scene. This means that nothing worse will happen.
In the presence of victims, the severity of bodily harm is established by a forensic medical examination, based on which an act is drawn up and filed with the case file.
Communication with traffic police officer
Let us now consider other situations. What are the responsibilities of the traffic police inspector when stopping the driver?
First of all, when talking with road users, he should remain polite, tactful and objective, state the requirements clearly, without double meaning. When contacting, the employee must introduce himself by giving his name and rank, and then say why the driver was stopped.
If a citizen calls on the inspector, then he should be carefully listened to and either take the necessary measures or tell where to go to solve the problem.
If the citizen’s freedom is restricted, he must be informed of the basis for this and his rights and obligations clarified.
It is the duty of the traffic police inspector to collect evidence in the proper manner, otherwise prosecution will be declared illegal. The citizen should be clearly and clearly explained what exactly he violated and under what article liability is incurred.
If conflicts arise, the traffic police officer must explain the procedure for appealing against his actions and tell the location and phone number of the official.
The traffic police inspector has the right ...
A vehicle inspector may stop the vehicle in the following cases:
- if the safety requirements of DD are violated by visual signs or when fixed in technical means;
- there is evidence that the driver or passengers of this vehicle was involved in an accident, an administrative offense or a crime;
- there is data on the use of the car for illegal purposes;
- it is necessary to interview the driver or passengers if they are eyewitnesses to an accident, crime or crime;
- it is necessary to attract a witness;
- it is necessary to carry out adjusting actions;
- need to use a vehicle;
- engage a driver to assist;
- to carry out special events regarding vehicles on the basis of relevant acts;
- check documents.
It is the duty of the traffic police inspector in Russia to stop the vehicle by signaling with a hand gesture or using a wand, using a speakerphone or a red signal dial. An additional whistle is also allowed. The inspector must indicate the location of the stop.
Stopping vehicles is prohibited
But there are times when a traffic police officer does not have the right to stop transport. This applies to road sections where stopping is prohibited. However, exceptions can be cases where crimes are suppressed and the threat of harm is prevented. Therefore, one can rightly doubt the legality of such actions. After all, it is known that even a person who has committed a violation can be prosecuted only legally.
When the car was stopped, the traffic patrol officer should immediately approach the driver, introduce himself and say the reason why he stopped the vehicle, demand documents, and if the person is involved as a witness, explain his rights and obligations.
If there was no need to stop the car, then the functional duties of the traffic police inspector in Russia are considered violated, and therefore he is brought to administrative responsibility. The punishment under the relevant article provides for a fine of up to twenty thousand rubles.
Conclusion
These are our rights and obligations of the traffic police inspector. When a driver is stopped while drunk, in order to eliminate the breakdown, provide first aid to people, if necessary, verify the number, inspect the cargo and suspect illegal actions, he may also require the driver and passengers to get out of the car.
But, one way or another, a driver who knows his rights is able to defend them, and a traffic police officer, in turn, seeing this, especially in an accident, will be more inclined to believe him.
