Is it legal to require traffic police officers to get out of the car? According to the regulations adopted a year ago, the traffic police officer can demand the driver to get out of the car only in a few cases of the prescribed regulations, in all other cases this requirement may not be fulfilled if, in the driver's opinion, the traffic police officer violated his rights.
In the fall of 2017, there were changes in the regulations for the traffic police officers. Prior to that, they obeyed the standards approved in 2009. According to the media, there was information about some changes, including the paragraph on the driver's withdrawal from the vehicle at the suggestion of the inspector. In fact, the item has not been changed - the employee can suggest the person driving to leave the car to perform certain actions:
· Eliminate vehicle malfunctions or incorrect cargo transportation;
· The driver seems to be sick or drunk;
· It is necessary to check the numbers of the engine and chassis with the data available in the traffic police;
· It is required to conduct an inspection of the driver, vehicle or cargo;
· The driver needs help in case of an accident, the police, or there is a need for certain procedural measures;
· There is a threat to the employee.
The previous wording “has the right to propose” also remained in the new regulations. This does not imply a demand, but a proposal to leave the TS. Accordingly, if the above points cannot be applied to the driver, he may well continue the conversation while in his car.
All doubts are interpreted in favor of the driver
Administrative proceedings interpret doubtful situations not in favor of the traffic police officer. If there is a definition "has the right to offer", then it should be interpreted in favor of the driver's decision.
At will, he can go out, he can stay inside the car. Here, the behavior of the driver is considered in the context of each case specifically. For example, in order to "breathe into the tube", it is not necessary to go out, this procedure can be carried out in the car salon.
When it is required to reconcile the numbers, it is better for the driver to be present when the inspector performs the necessary verification actions.
A logical conclusion suggests itself that the choice to leave or not is not an obligation, but the right of the driver.
When the driver is obliged to leave the vehicle
At the same time, the new legal regulation does not abolish the cases when the driver of the car obeys the request of the inspector and leave the salon. This happens when drawing up such protocols:
· Administrative detention (Article 27.4 of the Administrative Code of the Russian Federation);
· Inspection of the vehicle (Article 27.9 of the Administrative Code of the Russian Federation);
· Removal from management of the vehicle (Art. 27.12 of the Code of Administrative Offenses. RF).
Do I need to go to the traffic police car
The new regulation added a clause on the employee's right to propose to change to a traffic police car, or go to the traffic police post, if it is necessary to carry out legal proceedings.
This innovation does not talk about a requirement, but only about a proposal.
Accordingly, if the driver does not fall under the points listed at the beginning, and a protocol has not been drawn up for him, he decides for himself: to leave or not.
