37.1. Detention and arrest
Your lack of a criminal record is not your merit. This is our shortcoming.
F.E. Dzerzhinsky.
A protocol on an offense for which punishment in the form of arrest is possible must be submitted to the court immediately (Article 28.8, paragraph 2 of the Code of Administrative Offenses). But this period is not a preemptive one (PPVS No. 5 dated 03.24.05, question 4), i.e. if it is missed, the case will not be dismissed. The time limits specified in Article 29.6, paragraph 4 of the Code of Administrative Offenses are not restrictive, which says that the judge is obliged to consider the case on the day it is received, and does not have the right to consider the case 48 hours after the time indicated in the protocol of detention. These periods cannot be extended (PPVS No. 52 of 27.12.07, question 11), including at the request of citizens (PPVS No. 52 of 27.12.07, question 13). That. the judge has time - either until the end of the working day, or until the expiration of 48 hours to consider the case. Failure to comply with these deadlines is a reason for a complaint to the KKS.
If a citizen is threatened with arrest for an offense, then it is absolutely not necessary to detain him, since the police have no obligation to immediately submit the report to the court. You can do it any day within 2 months. In other words, the SC recognized that a possible arrest as a punishment for a discovered offense was not a motive for detention.
The absence of a judge on the spot is also not a reason for detention. We read the Decree of the Supreme Court of April 11, 2005 N 7-AD04-2: “The mere fact of drawing up a protocol on an administrative offense against a person, for which a punishment in the form of administrative arrest can be imposed, cannot serve as a basis for administrative detention of a person.
The motives for detention must be indicated in the protocol on administrative detention (part 1 of article 27.4 of the Code of Administrative Offenses).
In violation of this requirement of the law, such motives are not given in the protocol on G.'s administrative detention.
The arguments of the police officer on duty during the court session that the detention was due to the need to ensure the presence of G. during the consideration of the case by the justice of the peace cannot be considered substantiated. G. has a permanent place of residence in Ivanovo, a family. There is no evidence of his intention to avoid appearing in court in the case.”
In court, do not sign any papers that the secretary asks you to sign. Only sign the resolution if you are immediately handed a copy of it. No copy, no signature.
All requested documents are delivered to the court immediately (Article 26.10 of the Code of Administrative Offenses).
If the offender is drunk, then the term of his detention will begin only from the moment of sobering up (Article 27.5, paragraph 4 of the Code of Administrative Offenses).
The term of detention is included in the administrative arrest - Article 3.9, paragraph 3 of the Code of Administrative Offenses.
If the judge made a decision to arrest (to be executed immediately - Code of Administrative Offenses Art. 32.8), you can immediately write a complaint here, which the judge is obliged to transfer to a higher court within 24 hours (CAO Art. 30.2 clause 2), and the higher court is obliged consider the complaint within the same day (CAO Art. 30.5 p. 3).
38. Car inspection
Do not break the buzz serious people ....
Vishnevsky
If the inspector asks to open the trunk, then personally I always do it without any problems, warning that such a procedure is already an inspection, what are the grounds for inspection, a protocol with a copy and witnesses. But in order not to waste time, why not let a good person take a look at the contents of the trunk from afar?
Article 27.9, paragraph 1 of the Code of Administrative Offenses: "Inspection of a vehicle of any kind, that is, an examination of a vehicle carried out without violating its structural integrity, is carried out in order to detect instruments or objects of an administrative offense."
“Manual on the work of traffic police” Article 13.17 specifies that the inspection is possible “if the driver is suspected of using it for illegal purposes”, and the inspection of the cargo “if there is reason to believe that it is being illegally transported”.
The inspection protocol is mandatory - Article 27.9, clause 6 of the Code of Administrative Offenses: “The protocol on the inspection of the vehicle indicates the date and place of its compilation, position, surname and initials of the person who compiled the protocol, information about the person in whose possession the vehicle, screened, about the type, brand, model, state registration number, about other identification features of the vehicle, about the type, quantity, about other identification features of things, including the type, brand, model, caliber, series, number, about other identification features of weapons, about the type and quantity of ammunition, about the type and details of the documents found during the inspection of the vehicle.
The inspection is carried out in the presence of two witnesses (See Witness).
Inspectors often confuse inspection, inspection of a vehicle, inspection of things and search.
Inspection - the inspector came up, looked at the car, looked through the windows into the salon and left. The right to inspect a car is enshrined in the law "On the Police" (Article 11, Clause 23).
If the inspector asked you to open the trunk, saying that he would only inspect things, ask: "Do you want to examine?" To an affirmative answer, immediately say that the examination is an inspection (Article 27.9, paragraph 1 of the Code of Administrative Offenses). If you nevertheless agreed to open the trunk, the inspector can only look at things, but not touch them in any way. When the inspector starts to touch things, then his actions fall under Article 27.7 of the Code of Administrative Offenses - "Personal search, search of things that are with an individual." Such actions must be documented in a separate protocol, and the inspector must give reasons for the need for his actions (Article 27.7, paragraph 1 of the Code of Administrative Offenses).
A search in a car is carried out within the framework of the Code of Criminal Procedure, and the inspectors have nothing to do with it. The car can even be taken apart by sawing the body. To carry out such an event, the sanction of the investigator is required.
The Law "On Police" allows a general search of cars only with the permission of the big boss for a short time in the case of searching for criminals (Article 11, clause 20 of the Law "On Police").
That's just once the inspector made my heart skip a beat! During the search (and when asked to do an search with a protocol and attesting witnesses, they begin to inspect the whole car) he took out Belomorin (not mine, it couldn’t be) from the trunk and says: “Green tobacco” - even witnesses held their breath !!! And after my words: "I'll rot you, su..a, in the courts !!!" - he smiled sweetly and joked: "I fell because of my ear." I thought a heart attack would happen. After that, I do not ask for inspection! ©Semka
39. Detention of a car
There are seven reasons for holding a vehicle.
2. This is the lack of rights and documents for the vehicle, there is no power of attorney. (Article 12.3, paragraph 1 of the Code of Administrative Offenses). The absence of a technical ticket and insurance is not a reason for detention!
3. This is a malfunction of the brake system, steering and coupling device as part of a road train. (I wonder how IDPS will prove a malfunction of the steering?) (CAO art. 12.5 p. 2).
4. The driver has no right to drive this vehicle, except for a training ride, and also if the driver has been deprived of the right to drive. (CAO Art. 12.7 p. 1 and p. 2), incl. expired rights.
5. The driver drove the car in a state of intoxication, (CAO Art. 12.8)
6. as well as for failure to comply with the legal requirement of the inspector to undergo a medical examination for intoxication. (CAO Art.12.26)
7. For violation of the rules of stopping or parking on the roadway, resulting in the creation of an obstacle to the movement of other cars, (CAO Article 12.19, paragraph 4)
8. For stopping or parking in a tunnel.
But you have a chance, because on the spot you can:
p.1 - go for the documents yourself, or ask someone to bring them to you;
p.2 - fix the problem or call a tow truck yourself. The inspector can scare technical malfunction where operation is prohibited. But in this case, you can drive to the place of parking or repair (see Checking the technical condition of the car).
p.3,4,5 - find a driver who will drive the car to the parking lot;
p.6,7 - to have time to return to the car before its evacuation.
If you are able to take these measures, write in the protocol: “I am ready to eliminate the reason for the detention on the spot in 20 minutes.” Refer to the decision of the Supreme Court of December 22, 2000 (BVSR No. 7 of 2001): “He (the driver) stopped the vehicle, presented the documents he had with him for verification and took measures to eliminate the reason for the detention. Under such circumstances, the demands of the traffic police officers to place the car in a penalty parking lot ... were illegal.”
The above list of reasons for the detention of the car is exhaustive. For example, it is impossible to detain a car after an accident to clarify any circumstances or conduct examinations under the Code of Administrative Offenses. The inspector may refer that the car is an instrument of the offense, and therefore falls under Article 27.10 "Seizure of things and documents" and can be seized. It should be objected as follows: the concept of “vehicle” in the Code of Administrative Offenses has an independent status, and special security measures are defined for it, such as “inspection of a vehicle”, “removal from driving a vehicle”, etc. There is also a special rule “Detention of a vehicle”.
If the accident is serious, then under the Code of Criminal Procedure, the detention of the car is possible. Remember that in this case you are not required to pay a penny for a tow truck and storage.
The detention of a car is regulated by the Decree of the Government of the Russian Federation "On the detention and prohibition of the operation of vehicles." The first three hours of finding the car for a fine. parking is not paid. Tow truck and finding the car in a fine parking lot for more than 3 hours you pay out of your own pocket. (VS CAS06-260).
Transportation can only be carried out by another ground vehicle. If the inspector offers the network behind the wheel himself, you can agree - save on a tow truck.
After 07/01/08, the transfer of a vehicle to a penal parking lot and the first day of storage are not paid (Article 27.13, Clause 1 of the Code of Administrative Offenses).
Most motorists are used to the fact that in case of violations of the rules traffic they can be punished with a fine, as well as deprive them of the right to drive a car for a certain period. We do not take into account serious offenses with victims - here, in the form of punishment, they can provide a long prison term. But in addition to the above measures, traffic police officers through the court can deprive the driver not only of his rights, but also of the vehicle, which will be temporarily kept in the penalty area. Judging by the numerous topics on automotive forums, not many Russian drivers are aware of the offenses for which they can be temporarily deprived of their “iron horses”. Today we will talk in detail about all the cases when law enforcement officers can apply such a measure of punishment.
Case number 1. Driving a vehicle without proper documents.
Yes, simple forgetfulness can play a cruel joke on a motorist. The fact is that the traffic police inspector has the right to temporarily detain a vehicle whose driver drives it without a driver's license and technical passport. At the same time, a law enforcement officer is obliged to call two witnesses, witnesses, draw up a protocol on the detention of the car, which lists everything that is currently in the car, and hand a copy of it to the offender. After that, the traffic police officer calls a tow truck, which delivers the detained vehicle to the penalty area.
In the same way, an employee of the State traffic inspectorate has the right to act if the driver refuses to present and hand over to him driver's license and registration certificate () for the vehicle. The detention of the car by law enforcement officers is also carried out if at the moment the vehicle was stopped by a patrol there was a person who was deprived of the right to drive the car in a judicial order at the wheel.
The same "punishment" can befall the driver if he has not purchased a compulsory insurance policy for car owners - OSAGO.
Case number 2. Driving under the influence of alcohol or drugs.
In this case, the detention of the vehicle and placing it on the penalty area is an adequate measure. Indeed, the control of the vehicle turns the car into a time bomb that can explode at any moment.
But this is in the presence of irrefutable evidence and signs of severe intoxication. Another thing is when a traffic police officer only has a suspicion that the driver is drunk, which cannot be proved without an appropriate medical examination. In such a situation, many drivers deny the accusation and do not want to be tested on the spot (use a breathalyzer). If a car enthusiast does not want to be tested on the spot and insists on delivering it to a medical facility for a full examination, then a representative of the State Inspectorate is not entitled to detain the car for this. If the driver refuses all methods of establishing his condition, then it is in this case that the law enforcement officer has the right to draw up an appropriate protocol and temporarily detain the vehicle.
Case number 3. For operating a defective vehicle.
Another legitimate reason for the temporary detention of a car is its operation with faulty systems braking (excluding the parking brake) or steering. According to the rules of the road, the operation of the car is prohibited if the standards for the braking efficiency of the service brake system do not comply with GOST R 51709-2001. (clause 1.1 as amended by Decree of the Government of the Russian Federation of December 14, 2005 N 767), the tightness of the hydraulic brake drive is broken, and the total steering play is more than 10 degrees (for cars).
Also, the traffic police officer will be able to “put” your car on a penalty area for driving with lighting devices, the color and mode of operation of which do not meet the requirements of the Basic Provisions for the admission of vehicles for operation. In this case, the law enforcement officer can draw up a protocol on the detention of the car without your direct presence - only if there are two witnesses. In this case, you will have to spend a lot of time figuring out who and where exactly sent your car. As a rule, information about this can be found in the nearest police department, where this data should be transferred by the traffic police inspector who carried out the arrest.
Case number 4. Creating an obstruction to traffic.
Finally, another legally regulated reason for the temporary detention and placement of a vehicle in a penalty area is a violation of the rules for stopping a car on the road, in which obstacles were created for the passage of other vehicles.
Let's say you find yourself in one of the situations described above and your vehicle is threatened with being sent to a penalty area. In this case, you need to remember that after drawing up the protocol according to all the rules that we described above and transferring a copy of it to you, you should follow how exactly the car will be transported to the place of its temporary “imprisonment”. Note that another copy of this protocol is handed over to the employee who will transport your car to the penalty area. Ensure that all doors of your vehicle are sealed by a vehicle towing service worker. It is also advisable to follow the tow truck (by taxi or a friend's car) to make sure that your car was transported without violations. By the way, this way you will also find out the place of the temporary stay of the “iron horse”.
To pick up the car from the penalty area, you must first pay the administrative fine that was imposed on you at the time the vehicle was detained. Then come with a full package of documents for the car and a passport, receipts for the payment of a fine to the traffic police department, whose employee carried out the detention. By presenting these documents to an authorized person, you will receive a written permission to obtain the right to issue a car from a penalty area. Having received a certificate, you need to pay for the services to preserve the car (remember that the first day of forced downtime is not paid) and evacuation. Then, with this pile of documents, go to the impound lot and pick up your car there.
1. In order to suppress violations of the rules for operating, using a vehicle and driving a vehicle of the appropriate type, provided for by Part 1 of Article 11.8.1, Articles 11.9, 11.26, 11.29, Part 1 of Article 12.3, Part 2 of Article 12.5, Parts 1 and 2 of Article 12.7, parts 1 and 3 of article 12.8, parts 4 and 5 of article 12.16 (in terms of non-compliance with the requirements prescribed road signs prohibiting stopping or parking of vehicles, when used with a sign additional information(with a sign indicating that a vehicle is being detained in the coverage area of these road signs), parts 1 - 6 of article 12.21.1, part 1 of article 12.21.2, article 12.26, part 3 of article 12.27, the vehicle is detained, that is exclusion of a vehicle from the process of transportation of people and goods by moving it with the help of another vehicle and placing it in the nearest specially designated guarded place (to a specialized parking lot), and storing it in a specialized parking lot until the reason for the detention is eliminated, and in case of violations provided for in Articles 11.26 and 11.29 of this Code, also before the payment of an administrative fine in the event that the vehicle on which the violation was committed leaves the territory Russian Federation. If it is impossible for technical specifications the vehicle of its movement and placement in a specialized parking lot in the event of an administrative offense provided for by part 1, 2, 3, 4, 5 or 6 of article 12.21.1 or part 1 of article 12.21.2 of this Code, the detention is carried out by stopping the movement with the help of blocking devices. In case of committing an administrative offense provided for in Article 12.9, parts 6 and 7 of Article 12.16 and Article 12.21.3 of this Code, in relation to vehicles owned by foreign carriers, owners (owners) of vehicles, detention of the vehicle by stopping movement with the help of blocking devices applied until payment of the administrative fine. If the vehicle, in respect of which the decision on detention has been made, creates obstacles for the movement of other vehicles or pedestrians, it may be moved before the start of the detention by driving the vehicle by its driver or persons specified in part 3 of this article, in the nearest place where this vehicle will not create such obstacles. In the event of the commission of administrative offenses provided for in Articles 11.26, 11.29, 12.9, parts 6 and 7 of Article 12.16, the detention of a vehicle can be carried out by moving it by the driver of the detained vehicle or by the persons specified in Part 3 of this Article, and placing it in the nearest specially designated guarded place (to a specialized parking lot), as well as by stopping the movement with the help of blocking devices.
1.1. Detention of the vehicle is terminated directly at the place of detention of the vehicle in the presence of a person who can drive this vehicle in accordance with the Rules of the Road, if the reason for the detention of the vehicle is eliminated before the start of the movement of the vehicle intended for moving the detained vehicle to a specialized parking lot.
2. Lost force thirty days after the official publication of Federal Law No. 307-FZ of October 14, 2014.
3. The decision to detain a vehicle of the appropriate type, to terminate the said detention or to return the vehicle is made by officials authorized to draw up protocols on relevant administrative offenses, and in relation to a vehicle of the Armed Forces of the Russian Federation, troops of the national guard of the Russian Federation, rescue military formations federal executive body authorized to solve problems in the field of civil defense, as well as officials of the military automobile inspection. The specified officials draw up a protocol on the detention of the vehicle, after which they are present at the place of detention of the vehicle before the start of the movement of the vehicle intended to move the detained vehicle to a specialized parking lot.
4. The protocol on the detention of the vehicle shall indicate the date, time, place, grounds for the decision to detain the vehicle, the position, surname and initials of the person who drew up the protocol, information about the vehicle and the person in respect of whom the specified measure of securing proceedings for case of an administrative offense, as well as the name of the body (institution, organization), position, surname, name and patronymic of the person who will execute the decision to detain the vehicle.
5. The report on the detention of the vehicle is signed by the official who drew it up and by the person in respect of whom the specified measure of securing proceedings in the case of an administrative offense was applied.
6. In case of refusal of the person in respect of whom the detention of the vehicle is applied, from signing the protocol, a corresponding entry is made in it.
7. A copy of the report on the detention of a vehicle of the appropriate type is handed over to the person in respect of whom the specified measure of securing proceedings in the case of an administrative offense has been applied, as well as to the person who will execute the decision to detain the vehicle.
8. A report on the detention of a vehicle in the absence of a driver is drawn up in the presence of two witnesses or using video recording. A copy of the report on the detention of the vehicle, drawn up in the absence of the driver, with the decision of the official to return the detained vehicle, shall be handed over to its owner, the representative of the owner or the person who has the documents necessary to drive this vehicle, immediately after the elimination of the reason for the detention of the vehicle.
9. Transfer of vehicles of the Armed Forces of the Russian Federation, troops of the National Guard of the Russian Federation, rescue military units of the federal executive body authorized to solve problems in the field of civil defense, to a specialized parking lot, their storage, payment of expenses for movement and storage, return of vehicles carried out in the manner prescribed by the Government of the Russian Federation.
10. Moving vehicles to a specialized parking lot, with the exception of vehicles specified in part 9 of this article, their storage and return to owners, representatives of owners or persons who have documents necessary for driving these vehicles, payment by persons involved in administrative responsibility for administrative offenses that entailed the application of the detention of vehicles, the cost of moving and storing detained vehicles are carried out in the manner established by the laws of the constituent entities of the Russian Federation. The return of detained vehicles to their owners, representatives of the owners or persons who have the documents necessary to drive these vehicles is carried out immediately after the reason for their detention has been eliminated.
11. A person brought to administrative responsibility for an administrative offense that entailed the application of the detention of a vehicle, with the exception of cases specified in paragraph 9 of this article, pays the cost of moving and storing the detained vehicle within the time limits and at the rates established by the authorized executive body of the subject of the Russian Federation in accordance with the methodological guidelines approved by the authorized federal executive body that exercises the functions of adopting regulatory legal acts and monitoring compliance with legislation in the field of state regulation of prices (tariffs) for goods (services). The obligation of a person brought to administrative responsibility for an administrative offense that entailed the application of the detention of a vehicle to pay for the cost of moving and storing the detained vehicle is reflected in the decision on the imposition of an administrative penalty.
12. In the event of termination of proceedings in the case of an administrative offense on the grounds provided for in paragraph 1, paragraph 2 (except for cases of failure to reach individual at the time of the commission of illegal actions (inaction) of the age provided for by this Code for bringing to administrative responsibility, or transfer of case materials to the prosecutor, to the preliminary investigation body or to the body of inquiry in connection with the presence of elements of a crime in illegal actions (inaction), travel expenses and storage of a detained vehicle are charged to the federal budget, and in the event of termination of proceedings on an administrative offense case that was in the proceedings of an executive authority of a constituent entity of the Russian Federation, to the account of the budget of the corresponding constituent entity of the Russian Federation. In the event of termination of proceedings in a case of an administrative offense on other grounds, the obligation to pay the cost of moving and storing the detained vehicle shall be imposed on the person who committed illegal actions (inaction) that caused the detention of the vehicle, his parents or other legal representatives. Decision on the issue of attributing the costs of moving and storing a detained vehicle to the account of the federal budget or the budget of a constituent entity of the Russian Federation, or on imposing the obligation to pay the cost of moving and storing a detained vehicle on a person who committed unlawful actions (inaction) that caused the detention of a vehicle, parents or other legal representatives is reflected in the decision to terminate the proceedings in the case of an administrative offense.
Commentary on Art. 27.13 Administrative Code of the Russian Federation
1. Detention of a vehicle should be understood as a temporary forced termination by an authorized official of the use of a vehicle, including (if it is impossible to eliminate the reason for detention at the place of detection of an administrative offense) placing it in a specialized parking lot - a specially designated guarded place for storing detained vehicles, or if it is impossible according to the technical characteristics of the vehicle, its movement and placement in a specialized parking lot in the event of an administrative offense provided for or, stopping the movement of the vehicle using blocking devices.
The list of grounds for the detention of a vehicle is exhaustive and is not subject to broad interpretation:
- management of a small size vessel by a navigator who does not have a certificate for the right to operate a small size vessel, a ship's ticket of a small size vessel or its duly certified copy, as well as documents confirming the right to own, use or dispose of a vessel under control in the absence of the owner;
- management of the vessel by a navigator or other person who is in a state of intoxication;
- illegal use of registered in other states vehicles for the carriage of goods and (or) passengers;
— implementation of international road transport without permission;
- driving a vehicle by a driver who does not have documents for the right to drive it, registration documents for the vehicle;
- driving a vehicle by a driver who does not have the right to drive a vehicle (with the exception of training driving);
- driving a vehicle by a driver deprived of the right to drive vehicles;
- driving a vehicle by a driver who is in a state of intoxication;
- driving a vehicle by a driver who is in a state of intoxication and does not have the right to drive vehicles or is deprived of the right to drive vehicles;
- re-driving a vehicle by a driver who is in a state of intoxication or re-transferring control of a vehicle to a person who is in a state of intoxication;
- stopping or parking of vehicles at a pedestrian crossing and closer than 5 meters in front of it, with the exception of forced stop or violation of the rules for stopping or parking vehicles on the sidewalk;
- stopping or parking of vehicles at the stops of route vehicles or closer than 15 meters from the stops of route vehicles, with the exception of a stop for boarding or disembarking passengers, an emergency stop;
- stopping or parking vehicles on tram tracks or stopping or parking of vehicles further than the first row from the edge of the carriageway, with the exception of a forced stop;
- violation of the rules for stopping or parking vehicles on the roadway, which entailed the creation of obstacles for the movement of other vehicles, as well as stopping or parking a vehicle in a tunnel;
– transportation of bulky and heavy cargoes without a special permit and a special pass if obtaining such a pass is mandatory, as well as with a deviation from the route indicated in the special permit;
– transportation of oversized cargo exceeding the dimensions specified in the special permit by more than 10 centimeters;
– transportation of heavy cargo in excess of the permitted maximum weight or the axle load specified in the special permit by more than 5 per cent;
– transportation dangerous goods a driver who does not have a certificate of training for drivers of vehicles carrying dangerous goods, a certificate of approval of the vehicle for the transport of dangerous goods, a special permit, an agreed route of transportation or an emergency card of the hazard information system provided for by the rules for the transport of dangerous goods, as well as the transport of dangerous goods on a vehicle, the design of which does not meet the requirements of the rules for the transport of dangerous goods or which lacks elements of a hazard information system or equipment or means used to eliminate the consequences of an accident during the transport of dangerous goods, or non-compliance with the conditions for the transport of dangerous goods provided for by these rules;
— non-fulfillment by the driver of the vehicle of the requirement to undergo a medical examination for intoxication;
- failure to comply with the requirement of the Rules of the Road to prohibit the driver from consuming alcoholic beverages, narcotic or psychotropic substances after a traffic accident in which he is involved, or after the vehicle was stopped at the request of a police officer, until an authorized officer conducts an examination for the purpose of establishment of a state of intoxication or until an authorized official makes a decision on exemption from such an examination;
- the use of a vehicle exclusively or primarily as a mobile advertising structure, including the re-equipment of a vehicle for the distribution of advertising, as a result of which the vehicle has completely or partially lost the functions for which it was intended, the re-equipment of the vehicle body with giving it the appearance of a certain goods.
The procedure for the detention of vehicles by employees of the internal affairs bodies (police) is regulated by the Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation for the execution of the state function of control and supervision over compliance by road users with requirements in the field of ensuring road safety, approved by Order of the Ministry of Internal Affairs of Russia dated 02.03.2009 N 185.
Detention of the vehicle is carried out by an authorized employee of the internal affairs bodies after drawing up a protocol on the relevant administrative offense or issuing a ruling on initiating a case on an administrative offense and conducting an administrative investigation.
In case of elimination of the reason for the detention of the vehicle at the place of detection of an administrative offense (provision of documents provided for by the Rules of the Road; elimination of malfunctions of the brake system, steering or coupling device (as part of a train); elimination of violations of the rules for stopping or parking vehicles on the roadway, which caused creating obstacles for the movement of other vehicles, or stopping or parking a vehicle in a tunnel; eliminating violations of the rules for the transportation of bulky, heavy or dangerous goods; providing another person to drive a vehicle, in the absence of grounds for his removal from driving a vehicle, etc.) prior to the movement of the detained vehicle, the placement of the vehicle in a specialized parking lot is not carried out.
The driver or owner of the detained vehicle is informed about the place of storage of the detained vehicle and the procedure for its return when handing over a copy of the protocol on the detention of the vehicle or upon other request.
The detention of the vehicle in the absence of the driver is immediately reported to the duty department of the internal affairs body to inform the owner (representative of the owner) about the detention of the vehicle, taking measures, if necessary, to identify the owner (representative of the owner) of the vehicle.
If the vehicle is stopped outside locality the person must be assisted in travel to the nearest settlement.
A protocol is drawn up on the detention of the vehicle, which indicates the date, time, place, grounds for the decision to detain the vehicle, position, special rank, surname and initials of the employee who compiled the protocol, information about the vehicle and the person in respect of whom this a measure to ensure proceedings in a case of an administrative offense (in the event of a vehicle being detained in its presence), the name of the body (institution, organization), position, surname, name and patronymic of the person who will execute the decision to detain the vehicle. The report on the detention of the vehicle in the absence of the driver is drawn up in the presence of two witnesses.
The report on the detention of the vehicle is signed by the employee who drew it up, witnesses, if they are present, and the person in respect of whom this measure of securing proceedings in the case of an administrative offense was applied. If a person refuses to sign the protocol, a corresponding entry is made in it. A copy of the report on the detention of the vehicle is handed over to the person in respect of whom this measure of securing proceedings in the case of an administrative offense has been applied, and when the vehicle is placed in a specialized parking lot, also to the person responsible for storing the vehicle in this parking lot.
2. The legislator has also defined an exhaustive list of grounds when a vehicle can be “detained on the spot” if it is impossible due to technical characteristics to move it and place it in a specialized parking lot:
- when transporting bulky and heavy cargoes without a special permit and a special pass if obtaining such a pass is mandatory, as well as with a deviation from the route indicated in the special permit;
– when transporting bulky cargo exceeding the dimensions specified in the special permit by more than 10 centimeters;
– when transporting heavy cargo exceeding the permitted maximum weight or axle load specified in the special permit by more than 5 percent;
- when transporting dangerous goods by a driver who does not have a certificate of training for drivers of vehicles carrying dangerous goods, a certificate of approval of the vehicle for the transport of dangerous goods, a special permit, an agreed route of transportation or an emergency card of the hazard information system provided for by the rules for the transport of dangerous goods, as well as the transport of dangerous goods in a vehicle whose design does not comply with the requirements of the rules for the transport of dangerous goods or which lacks elements of a hazard information system or equipment or means used to eliminate the consequences of an accident during the transport of dangerous goods, or non-compliance with the conditions for the transport of dangerous goods provided for the specified rules.
In these cases, the detention of the vehicle is carried out by stopping its movement with the help of blocking devices.
3. The prohibition of operation is understood as the prohibition of the use of the vehicle for its intended purpose, i.e. for the transportation of goods, people (including the driver) and the movement of mechanisms or special equipment installed on them. For the period of prohibition of operation, state registration plates are removed from the vehicle.
The operation of the vehicle is prohibited if there are grounds expressly provided for by law:
— operation of motor vehicles in excess of the standards for the content of pollutants in emissions or noise levels;
- violation of the rules or norms for the operation of tractors, self-propelled, road-building and other machines and equipment;
- driving a taxi, bus or truck, designed and equipped for the transport of people, with more than eight seats (except for the driver's seat), a specialized vehicle designed and equipped for the transport of dangerous goods that has not passed the state technical inspection or technical inspection;
- violation of the rules for installing devices on a vehicle for supplying special light or sound signals or illegal application of special color schemes for emergency vehicles, a color scheme for a passenger taxi, or illegal installation of an identification lamp for a passenger taxi;
- driving a vehicle with obviously faulty braking system(with the exception of the parking brake), steering or coupling device (as part of a train);
- driving a vehicle on the front of which there are light devices with red lights or red retroreflective devices, as well as light devices, the color of the lights and the mode of operation of which do not meet the requirements of the Basic Provisions for the Admission of Vehicles for Operation and the Duties of Officials to Ensure road safety;
- driving a vehicle on which glass is installed (including those covered with transparent color films), the light transmission of which does not meet the requirements technical regulation on the safety of wheeled vehicles;
- driving a vehicle on which devices for supplying special light or sound signals (with the exception of burglar alarms) are installed without an appropriate permit;
- driving a vehicle on which an identification lamp for a passenger taxi is illegally installed;
- the use of devices for the supply of special light or sound signals (with the exception of burglar alarms) installed without an appropriate permit when the vehicle is moving;
- driving a vehicle, on the outer surfaces of which special color schemes of vehicles of operational services are illegally applied;
- driving a vehicle on which the color scheme of a passenger taxi is illegally applied;
- entry into the territory or movement through the territory of the municipal formation "Resort City Sochi" in the period from January 7 to March 21, 2014 of vehicles, except for vehicles registered in the municipality "Resort City Sochi", vehicles of emergency operational services, vehicles that have accreditation certificates issued by the autonomous non-profit organization "Transport Directorate of the Olympic Games", with the exception of cases provided for;
— non-compliance with the requirements for compulsory insurance of civil liability of vehicle owners.
At the same time, the legislator provided for the possibility of movement of vehicles, the operation of which is prohibited, to the place of elimination of the reason for the prohibition of the operation of the vehicle, but not more than within a day from the moment the operation of the vehicle was prohibited.
However, movement to the place of elimination of the reason for the prohibition of operation is not allowed in cases where the prohibition of the operation of the vehicle was associated with a violation of the rules or norms for the operation of tractors, self-propelled, road-building and other machines and equipment, or with driving a vehicle with a knowingly faulty brake system ( with the exception of the parking brake), steering or coupling device (as part of a train).
4. Moving vehicles to a specialized parking lot, with the exception of vehicles of the Armed Forces of the Russian Federation, internal troops of the Ministry of Internal Affairs of the Russian Federation, engineering, technical, road construction military formations under the federal executive authorities or rescue military formations of the federal executive authority authorized to resolve tasks in the field of civil defense, their storage, payment of expenses for movement and storage, return of vehicles to their owners, representatives of the owners or persons who have with them the documents necessary to drive these vehicles are carried out in the manner established by the laws of the constituent entities of the Russian Federation.
In most subjects of the Russian Federation, such laws have been adopted and are currently in force.
5. Rules for the movement of a vehicle of the Armed Forces of the Russian Federation, internal troops of the Ministry of Internal Affairs of the Russian Federation, engineering, technical, road-building military formations under the federal executive authorities or rescue military formations of the federal executive authority authorized to solve problems in the field of civil defense, on a specialized parking lot, as well as its storage, payment of transportation and storage costs, return of the vehicle and ensuring the prohibition of its operation were approved by Decree of the Government of the Russian Federation of December 30, 2012 N 1496.