From 15 of November, entered into force amendments to the Code about administrative offences, about which we wrote earlier. As will now be punished drivers, said the representative of the state traffic Inspectorate of Russia.
On questions of readers clarification Vladimir Kuzin (Deputy head of the Main Directorate for road traffic safety MVD of Russia) and Andrey Klymenko (head of Department of ensuring law-enforcement activity maintenance of traffic safety GU the Ministry of internal Affairs of Russia).
We will remind, now the drivers can't with impunity, taking advantage of "loopholes" in the law, to change rooms, use of special technical means to hide them. Moped drivers are now equal under the law with the drivers of other vehicles, and will respond on all severity of the law, not to get off with light penalties for serious offences.
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Rules regarding mopeds
Under the new rules, who can now sit behind the wheel of a moped? Without a license to drive a moped anymore, and exams in this category still do not accept.
Vladimir Kuzin: I think that issues due to this discrepancies will arise. Now comes winter, a season of mopeds is closed, most mopeds have left until next season. In accordance with applicable law, to operate a moped may be individuals that have any category, it means that enough people may not open an additional category, but just to sit down and go on a moped with their existing rights. But those who have no driver's license, they will need to study and pass exams.
The rights will only return after the exam
The driver, deprived of the right of driving, after the deadline must go through the procedure of passing the exam, and only then will you give him the rights, and the admission of such an exam has already been developed?
Vladimir Kuzin: this is a very good question. To date, the draft decree regulating the matter, was developed and is awaiting approval in the Government. We hope that in the near future it will still appear. After this time, the drivers will return their rights only in the order provided for by law.
According to the new order return rights are possible only when repayment of all debts
Vladimir Kuzin: Yes. This rule is stipulated by the amendments made by the act, which came into force on 15 November. This law determined that persons who were deprived of the right of control of the vehicle, when you return the permit will have to pay off all debts on payment of fines. The adoption of this rule because a large number of citizens do not fulfill the obligation of paying fines. In the end, citizens accumulated a large number of fines, they do not pay, after the return of driver's license, they continue to drive with impunity. That is why there is a need in these amendments, which provided for the payment of all fines as one of the mandatory items to return driver's license. The first mandatory item is the retake of exams, the second paragraph applies only to those who are deprived of rights in the state of intoxication or refuse medical examination – for these categories of persons envisaged to undergo the medical examination on the subject of health.
Machine – the key
The Ministry of justice has proposed a new tool in the fight against drunk driving to give the car the drunk driver only bail in the amount of the fine. Do You think this measure is effective?
Vladimir Kuzin: It is associated with slightly different. The fact that the Ministry of justice has prepared the bill in pursuance of an order of the Commission on road safety. The need to reform the punishments for driving in a drunken state, occurred after the events of Minsk on the street, when the accident happened on children. The task is to toughen punishment for driving in a drunken state is solved in stages. The first stage was associated with the establishment of the fine, together with disqualification from driving.
At the moment, apply the detention of the vehicle. But this measure is possible before elimination of the reasons of detention, which implies either the arrival of a completely sober driver who was the violator, next day or transfer of the right to control another person in a sober state, which will be able to manage a detained vehicle. The Ministry of justice proposes to introduce additional measures of security that are linked to a Deposit for this car. It lies in the fact that the car can be taken away only after paying a fine or bail.
I want - I pay
Since 15 of November is cancelled this measure of welfare, as a ban of vehicle operation with removal of registration signs
Vladimir Kuzin: Yes, indeed, such a measure is cancelled. We have prepared an explanation and sent it to places that if the people will return after November 15, for a refund them their registration plates, they must be returned on demand.
Even without elimination of the reason of prohibition of operation, registration marks back?
Vladimir Kuzin: removed the Check whether the driver or not, the inspector should not, the signs just need to be returned to the owner.
What used to be spread prohibition of exploitation?
Andrey Klimenko: In article 12.4 and including articles 2-7 of 2.5. But if you remember the history of changes to the administrative code, we can see that the rules regarding the withdrawal of rooms for toning machine never been, this provision was introduced only in 2010.
Also the removal of rooms was provided under the article of 12.37 is the lack of third party liability insurance.
That will now rely on the driver in the absence of insurance CTP?
Vladimir Kuzin: If the driver is not insured his liability, he will be assigned a penalty of 800 roubles.
Are You sure that this small fine will stop drivers?
Vladimir Kuzin: actually according to this article involved a few drivers. For 11 years the most used to insure its liability, because the little money that people pay for insurance, help in future to avoid many problems in case of an accident. Today we see that a growing number of voluntary insurance CASCO. Most often Church of 12.37 attract people for carelessness – I had, at the time did not have time to renew, I forgot to enter someone in the policy and gave him the right of driving.
Cultivating an image
New amendments were made and the videos. Now it is possible not to invite witnesses, and to take all the action on camera. The question arises: it must be uncorrected footage?
Vladimir Kuzin: not necessarily. The evidence accepted by the judge, the judge determines whether he will take this survey as evidence or not. And we have to comply with certain conditions.
People may demand that action is carried out in the presence of witnesses?
Vladimir Kuzin: No, it can't, it is at the discretion of the official.
Andrey Klimenko: in the case when the inspector is not confident in his ability to authentically capture the entire process, then he may call witnesses.
Period no reason to cancel
Now for the making of the order by fotovideofiksatsii the time limit is 15 days.
Vladimir Kuzin: it existed before, it just wasn't spelled out in the law.
But not more than 2 month period? Typically "letters of happiness" are delayed and come after 2 or 3 months.
Vladimir Kuzin: It matters not to us, but to the mail.
The late letters for the periods of appeal are not affected?
Vladimir Kuzin: no, it doesn't. The period of appeal from the citizen – 10 days and it begins from the date of delivery of the letter. Date stamped on the envelope.
The traffic police now have the ability to reclassify an offence, Yes?
Vladimir Kuzin: if the driver does not agree with sane him offence, we can review the case. For example, the inspector found that the driver was driving on the opposite lane, and the driver believes that he was driving in the opposite lane and made a left turn in violation of the rules. If the position of the driver is proved, then it just stopped, the inspector was entitled to initiate another case against the same person under the same circumstances. Now the inspector has the right to reclassify his offense for another article.
