13 October. The order of the Ministry of Internal Affairs of Russia about the statement of the new regulations on supervision of observance of rules of traffic is published. Earlier, we have already considered two important changes that will affect drivers.
The former order of the Ministry of Internal Affairs operated since 2009. It took 8 years, a law on the police appeared, changes were made to the law on road safety, as well as amendments to the SDA and the Code of Administrative Offenses. And the order has not changed. And now it has been brought into line with the current legislation.
Driving license and registration marks
First, they exclude the rules concerning the withdrawal of the driver's license and the rule on the removal of registration marks. Driving license can only be stripped of court, so a driver's license can not be withdrawn before the trial. Registration marks under the current legislation are also not removed.
The text of the new order was aimed at bringing it into line with the current legislation, but there are points that concern most drivers.
For example, the point about checking documents on the road. The previous order prohibited the verification of documents outside the stationary posts of the DPS. However, while this order was operating, the number of stationary posts was reduced because of the cost of their maintenance.
It is worth noting that when the 185 order came into force, the traffic police did not have on hand those technological opportunities that are available now. To check the documents stopped it was necessary to deliver to a stationary post. It was for this reason that there was no point checking documents on the road, except when the driver committed a violation.
Another reason for this rule was that at that time rogues were hunted on the tracks, who put on the uniform of traffic police officers, stopped cars allegedly for checking documents. What usually ended such meetings, you can find out in the criminal reports.
However, the State Traffic Safety Inspectorate notes that now both DPS and fraudsters have a lot of reasons for stopping the car, few of them stop to check whether the stop is legitimate stop.
At the same time, as long as the rule prohibiting stopping cars to check documents outside of fixed posts, many real violators escaped responsibility. For example, if a person drank a little and got behind the wheel, he usually rides, strictly observing the rules of the road. Hijackers also do not attract attention.
And since there is no reason for stopping, there are no stationary posts, then such drivers leave responsibility. At the same time, in accordance with the law on the police, you can check documents anyway. Therefore, henceforth, documents will be checked everywhere, even without special events.
Cameras for photo and video recording
In the new order of the Ministry of Internal Affairs on the approval of regulations for supervising the observance of traffic rules, another important amendment was made. Earlier in the 185th order, a rule was in effect prohibiting the installation of cameras to automatically detect violations in the zone of temporary signs.
This rule is caused by the fact that temporary road signs are installed in Russia by road services. These signs do not always meet the requirements of traffic rules and GOSTs. Very often these temporary signs are forgotten to be removed. As a result, on the repaired road there are traffic jams only because of forgotten signs. In addition, unclean DPS inspectors often use their position and identify alleged violators. So, for example, In the Ryazan region, the inspector stopped the driver, who allegedly violated the speed limit. The driver did not lose his head and demanded to show him a sign whose claim he allegedly violated. The inspector led the driver to the place where the sign had previously been. It turned out that while the inspector stopped alleged violators, road services arrived and removed the sign.
It is clear that violators of temporary signs should also be held accountable, but often this is not done to ensure road safety, but to replenish the regional budget.
Photo and video
In the new order of the Ministry of Internal Affairs of Russia the item allowing citizens to make a photo and video shooting of dialogue with employees of motor licensing and inspection department has disappeared. This possibility is provided for the traffic police officers themselves, but disappeared for those who are forced to communicate with them. And the employees of the State traffic inspectorate themselves are even charged with filming if the execution of an action requires the presence of witnesses, but is done without their participation.
However, one must understand that the order of the Ministry of Internal Affairs applies only to employees of the Ministry of Internal Affairs and can not tell citizens what to do. In all countries for the driver the main law is the Rules of the Road. He does not have to know other rules. And only in Russia the driver should know not only his rights and obligations, but also the rights and duties of controlling bodies, so that there are no unpleasant situations on the road.
The right of citizens to shoot what is happening on video is enshrined in the law on the police, as is the right of DPS officers to record everything that is happening. It is clear that the rights of citizens in the requirements that are prescribed for the Ministry of Internal Affairs employees should not be spelled out. But now the main thing is that traffic police officers do not abuse this gap. After all, even now, when the 185 order is in effect, the traffic police officers are constantly barring drivers and their passengers from taking administrative actions.
The State Motor Inspectorate explained that if a similar situation arises, the driver has the right to file a complaint against the inspector. In this case, the inspector will be held accountable for exceeding his official powers.
Transfer of documents
The new order prescribes the transfer of documents in the hands of the inspector of the traffic police in a "pure form", that is, without covers and other unnecessary elements. If the inspector finds out too much, then he must return the documents with a request to release them from unnecessary.
Also included is the requirement to transfer documents without any containment devices. Alas, recently, it has become very popular to use special chains that do not allow the inspector to take documents in hand.
Entry into force
The new order comes into force on October 20, 2017.