Comments to article 7 18 traffic rules. List of malfunctions in which the operation of the vehicle is prohibited. What should you do if the speedometer stops working while driving?

Nikolai, predict the result in in this case impossible.

Along with a fine, traffic police officers can cancel the vehicle's registration.

Good luck on the roads!

Gazelle 3302 moved the rear state sign from the edge of the body to the middle, why is it blackish?

Sergey1910

I am the owner of a gazelle car, with a booth. There is a desire to install a fairing on the roof of the cabin. Will there be any problems with inspectors on the roads after its installation? In fact, this is not equipment.

Good afternoon. I have a Volkswagen multivan, 6 passenger seats+ 1 driver’s license, category B, I want to add two more seats, category also remains B. Somewhere in the PTS it is written that I have 6 passenger seats. Do you think traffic police inspectors know about this and what will happen for it?

Also the second question. If we increase the number of seats to category D and transport people, what will happen? Is it possible to get away with a fine or will everything be much more serious? The chairs are original and fit in their original grooves. There will be no overload on the car. Driver's license categories B, C.

Sincerely, Vladimir.

Vladimir, Hello.

It makes sense to formalize any change in the number of seats as a design change, because otherwise, you may receive a fine and cancellation of registration.

On the other hand, the number of seats is not indicated in the registration certificate, i.e. a violation can only be detected by an employee who decides to check the documents in the database.

However, if the number of seats corresponds to category D, then the traffic police officer will probably want to check the car against the database and identify a violation.

Paragraph 22.8 of the traffic rules:

in excess of the amount provided technical characteristics vehicle.

The punishment for this violation is provided for in Article 12.23 of the Code of Administrative Offenses:

1. Violation of the rules for transporting people, with the exception of cases provided for in parts 2 - 6 of this article, -
shall entail the imposition of an administrative fine in the amount of five hundred rubles.

Good luck on the roads!

Good afternoon I decided to install covers with repeaters (orange) and dimensions (blue and white) on the mirrors. They will work together with the standard ones. Could there be problems with technical inspection or with the traffic police? Thank you.

There is xenon in the fog lights, they drew up a protocol on 12.5 part 3. The court issued a deprivation. Does xenon fit this article?

Good afternoon. Is the installation automatic device on the door of a minibus (Fiat) by changing the design of the vehicle, for which a fine is expected? A very sore subject)) Please tell me. Thank you.

Hello.

If the device was not initially provided for in the car (in the manufacturer’s documentation), then its installation is a design change that should be registered with the traffic police.

Good luck on the roads!

Hello! The website from the manufacturer of additional body kit sells: protection for thresholds and bumpers, made of stainless steel. All products have certificates of conformity and testing for a large number of car brands. Can I use these certificates and not receive a fine if my car is on the compliance list?

Hello.

This issue, using the example of a tow bar, is discussed in.

In the case described, the certificates confirm that the components are intended for the vehicles listed in the document and meet the requirements technical regulations. That is, if you have a certificate, no additional application to the traffic police is required.

Good luck on the roads!

Mikhail-184

Hello, I changed the lining to gas 3302 farmer, 1997 model year, fox headlights and the panel in the cabin with a new one, do I need to re-upload it? Thank you in advance.

Hello! I'm thinking of installing fenders on the wings of a VAZ 2107. Will this improvement raise questions among the traffic police? And will it be possible to sell the car in the future without problems with re-registration?

Dmitry-441

Does plastic not apply to modifications to the vehicle? And if I take off the front one and rear bumper on VAZ 2106 and I will install it plastic body kit around the car, won't the guys give me a fine and a decree? The regulations of the Customs Union state that plastic is not a change to the vehicle

Dmitriy, indicate in which paragraph of the regulations you found information about plastic.

Hello, will they re-register my car with a non-standard front bumper and body kits?

Ivan, Hello.

If non-standard equipment is included in the registration documents, then the car will be re-registered without any problems.

Good luck on the roads!

Alexander-736

Hi all! I have cargo transporter I cut in the windows and installed the seats, what fine do we expect from Gaytsov?

Alexander, Hello.

The fine for design changes that are not reflected in the vehicle documents is 500 rubles.

Good luck on the roads!

Evgeniy-275

Traffic police officers issued a ruling that the exhaust system was not a standard one (they cannot explain how they distinguished a standard one from a non-standard one)

By itself exhaust pipe there are seams (as they say, not factory ones)

The sound of the exhaust system passes through dicebels, the catalyst, resonator and the muffler itself are present, the car is almost 20 years old

How to legalize an exhaust system?

Does this require setting up?

Currently, the route is made of a pipe of the same diameter and all electrical elements are present

If the equipment is indeed non-standard, then the procedure for its legalization is described above (in the text). It is possible that it will be cheaper to buy and install a standard exhaust system.

Good luck on the roads!

KONSTANTIN IGOREVICH

The traffic police inspector began to draw up a protocol for stopping under sign 3.27 with a sign for non-regulated traffic rules “Except for official vehicles.” While I was writing an explanation on this matter, he drew up two protocols and two resolutions. The second material was compiled for the existing running boards on a 2007 Mercedes Viano car, which I installed in the spring of 2016. As a result of an appeal to the traffic police, the decision on violation of the requirements of sign 3.27 and the fine of 1,500 rubles were canceled, the signs were dismantled, but the fine on the thresholds was left in force. The first court hearing I went to was lost. the judge referred to Appendix 1, paragraph 97 of the 2016 customs regulations, classifying the running boards as decorative parts of the body. The appeal court will take place on January 28.

The request to eliminate the violation stated that the malfunction was discovered 40 minutes earlier than the traffic police inspector received the command to go to the place of the “violation” of the stopping rules, and I had to eliminate it before the traffic police squad arrived to take revenge. This order was not served on me, but in court this document appeared with the inspector’s statement that it was served on me and that I refused to sign.

Can anyone tell me what else I can rely on when considering the case in subsequent courts. Thanks in advance for anyone's advice.

Hello. I cut out the rotten sills on the car and welded profile pipes there, will this be a change in the design of the car?

Hello. We put an over-cabin sleeping bag on the Gazelle. All certificates are available. Can I not register it with the traffic police? Since it is a fairing.

Anton, Hello.

Any design change must be reflected in the vehicle documents.

Good luck on the roads!

Evgeniy-272

I would like to know more about what a change in design means? Luggage racks (boxes) on the roof of a passenger car, wind deflectors on side windows, are fly swatters a change in design?

Eugene, in this case regulations do not decipher the concept of “design change” and do not provide a list of such changes.

Regarding the equipment you listed. I recommend reading the operating instructions for your car. For example, the possibility of using roof racks/boxes is usually reflected in the instructions, i.e. such elements do not constitute a design change.

Governments Russian Federation

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malfunctions and conditions under which operation is prohibited Vehicle

This List identifies malfunctions of cars, buses, road trains, trailers, motorcycles, mopeds, tractors, and others self-propelled vehicles and the conditions under which their use is prohibited. Methods for checking the given parameters are regulated by GOST R 51709-2001 " Motor vehicles. Safety requirements for technical condition and verification methods."

1. Brake systems

1.1. During road tests, the braking efficiency standards of the service brake system are not met:

Notes:

1. Tests are carried out on a horizontal section of the road with smooth, dry, clean cement or asphalt concrete pavement at a speed at the beginning of braking of 40 km/h - for cars, buses and road trains and 30 km/h - for motorcycles and mopeds. Vehicles are tested by applying a single impact to the control element of the service brake system. The weight of the vehicle during testing must not exceed the permissible maximum weight.

2. The effectiveness of the service braking system of vehicles can be assessed by other indicators in accordance with GOST R 51709-2001.

1.2. The seal of the hydraulic brake drive is broken.

1.3. Violation of the tightness of pneumatic and pneumohydraulic brake drives causes a drop in air pressure when engine not running by 0.05 MPa or more in 15 minutes after they are fully activated. A leak compressed air from wheel brake chambers.

1.4. The pressure gauge of the pneumatic or pneumohydraulic brake drives does not work.

1.5. Parking brake system does not provide a stationary state:

vehicles with a full load - on a slope of up to 16 percent inclusive;

passenger cars and buses in equipped condition - on a slope of up to 23 percent inclusive;

trucks and road trains in equipped condition - on a slope of up to 31 percent inclusive.

2. Steering

2.1. Total backlash in the steering system exceeds the following values:

2.2. There are movements of parts and assemblies not provided for by the design. Threaded connections not tightened or secured in an established manner. The steering column position locking device is inoperative.

2.3. The power steering or steering damper provided by the design is faulty or missing (for motorcycles).

3. External lighting devices

3.1. The number, type, color, location and operating mode of external lighting devices do not meet the requirements of the vehicle design.

Note.

On discontinued vehicles, it is permitted to install external lighting devices from vehicles of other makes and models.

3.3. External lighting devices and reflectors do not work in the prescribed mode or are dirty.

3.4. Light fixtures do not have lenses or use lenses and lamps that do not match the type of light fixture.

3.5. Installation of flashing beacons, methods of their attachment and visibility light signal do not meet the established requirements.

3.6. Lighting devices with red lights or red light reflectors are installed at the front of the vehicle, and at the rear - white except for lanterns reverse and illumination of the registration plate, retroreflective registration, distinctive and identification signs.

4. Windshield wipers and washers

4.1. Windshield wipers do not work in the set mode.

4.2. The windshield washers designed for the vehicle do not work.

5. Wheels and tires

5.1. Passenger car tires have a residual tread depth of less than 1.6 mm, truck tires - 1 mm, buses - 2 mm, motorcycles and mopeds - 0.8 mm.

Note.

Standards are established for trailers residual height tire tread pattern, similar to the standards for tires of vehicles - tractors.

5.2. Tires have external damage(breakdowns, cuts, breaks), exposing the cord, as well as delamination of the frame, peeling of the tread and sidewall.

5.3. The fastening bolt (nut) is missing or there are cracks in the disk and wheel rims, there are visible irregularities in the shape and size of the mounting holes.

5.4. Tires by size or permissible load do not match the vehicle model.

5.5. Tires are installed on one axle of vehicles various sizes, designs (radial, diagonal, tube, tubeless), models, with different tread patterns, studded and non-studded, frost-resistant and non-frost-resistant, new and refurbished.

6. Engine

6.2. The tightness of the power supply system is broken.

6.3. The exhaust system is faulty.

6.4. The seal of the crankcase ventilation system is broken.

7. Other structural elements

7.1. The number, location and class of rear-view mirrors do not comply with GOST R 51709-2001, there are no glasses provided for by the design of the vehicle.

7.2. The sound signal does not work.

7.3. Additional objects have been installed or coatings have been applied that restrict visibility from the driver's seat.

Note.

Transparent colored films can be attached to the top of the windshield of cars and buses. It is allowed to use tinted glass (except for mirror glass), the light transmission of which complies with GOST 5727-88. It is allowed to use curtains on the windows of tourist buses, as well as blinds and curtains on rear windows passenger cars with external rear-view mirrors on both sides.

7.4. The design locks of the body or cabin doors and side locks do not work cargo platform, tank neck locks and fuel tank caps, a mechanism for adjusting the position of the driver's seat, an emergency door switch and a signal for requesting a stop on the bus, interior lighting devices for the bus interior, emergency exits and devices for actuating them, a door control drive, a speedometer, a tachograph, anti-theft devices, glass heating and blowing devices.

7.5. There are no rear protective devices, mudguards or mudguards provided for by the design.

7.6. The towing coupling and support coupling devices of the tractor and trailer link are faulty, and the safety cables (chains) provided for by their design are missing or faulty. There are gaps in the connections between the motorcycle frame and the side trailer frame.

7.7. Missing:

by bus, car and truck, wheeled tractors-medical kit, fire extinguisher, sign emergency stop according to GOST 24333-97;

on trucks with permitted maximum weight over 3.5 tons and buses with a permissible maximum weight over 5 tons - wheel chocks(must be at least two);

on a motorcycle with a side trailer - a first aid kit, an emergency stop sign in accordance with GOST 24333-97.

7.8. Illegal vehicle equipment flashing beacons and (or) special sound signals or the presence on the external surfaces of vehicles of special color schemes, inscriptions and designations that do not comply state standards Russian Federation.

7.9. There are no seat belts or seat head restraints if their installation is provided for by the design of the vehicle.

7.10. Seat belts are inoperative or have visible tears in the webbing.

7.11. The spare wheel holder, winch and spare wheel lifting/lowering mechanism do not work. The ratcheting device of the winch does not fix the drum with the fastening rope.

7.12. The semi-trailer has no or faulty support device or clamps transport position supports, mechanisms for raising and lowering supports.

7.13. The tightness of the seals and connections of the engine, gearbox, final drives, rear axle, clutch, battery, cooling and air conditioning systems and additional hydraulic devices installed on the vehicle.

7.14. Technical specifications, indicated on the outer surface gas cylinders cars and buses equipped gas system nutrition, do not correspond to the data technical passport, there are no dates for the last and planned survey.

7.1. The number, location and class of rear-view mirrors do not comply with GOST R 51709-2001, there are no glasses provided for by the design of the vehicle.

7.2. The sound signal does not work.

7.3. Additional objects have been installed or coatings have been applied that restrict visibility from the driver's seat.

Note. Transparent colored films can be attached to the top of the windshield of cars and buses. It is allowed to use tinted glass (except for mirror glass), the light transmission of which complies with GOST 5727-88. It is allowed to use curtains on the windows of tourist buses, as well as blinds and curtains on the rear windows of passenger cars if there are external rear-view mirrors on both sides.

7.4. The design locks of the body or cabin doors, the locks of the sides of the loading platform, the locks of tank necks and fuel tank caps, the mechanism for adjusting the position of the driver's seat, the emergency door switch and the signal to stop on the bus, the internal lighting devices of the bus interior, emergency exits and drive devices do not work. they are activated, door control drive, speedometer, tachograph, anti-theft devices, heating and window blowing devices.

7.5. There are no rear protective devices, mudguards or mudguards provided for by the design.

7.7. Missing:

On buses, cars and trucks, wheeled tractors - a first aid kit, fire extinguisher, warning triangle in accordance with GOST R 41.27-2001;
On trucks with a permissible maximum weight over 3.5 tons and buses with a permissible maximum weight over 5 tons - wheel chocks (there must be at least two);
On a motorcycle with a side trailer - a first aid kit, an emergency stop sign in accordance with GOST R 41.27-2001.

7.8. Illegal vehicle equipment identification mark « federal Service protection of the Russian Federation", flashing beacons and (or) special sound signals, or the presence on the outer surfaces of vehicles of special color schemes, inscriptions and designations that do not comply with state standards of the Russian Federation.

7.9. There are no seat belts and (or) seat head restraints, if their installation is provided for by the design of the vehicle or the Basic Provisions for the Admission of Vehicles to Operation and Responsibilities officials on security traffic.

7.10. Seat belts are inoperative or have visible tears in the webbing.

7.11. The spare wheel holder, winch and spare wheel lifting/lowering mechanism do not work. The ratcheting device of the winch does not fix the drum with the fastening rope.

7.12. The semi-trailer has no or faulty support device, support transport position clamps, and support lifting and lowering mechanisms.

7.13. The seals and connections of the engine, gearbox, final drives, rear axle, clutch, battery, cooling and air conditioning systems and additional hydraulic devices installed on the vehicle have been damaged.

7.14. The technical parameters indicated on the outer surface of gas cylinders of cars and buses equipped with a gas power system do not correspond to the data in the technical passport; there are no dates for the last and planned inspection.

7.15. State register sign the vehicle or the method of its installation does not comply with GOST R 50577-93.

7.16. Motorcycles do not have safety arches provided by design.

7.17. On motorcycles and mopeds there are no footrests or cross handles for passengers on the saddle provided by the design.

7.18. Changes have been made to the design of the vehicle without permission from the State Road Safety Inspectorate of the Ministry of Internal Affairs of the Russian Federation or other bodies determined by the Government of the Russian Federation.

In what cases are you prohibited from operating a car?

If your vehicle's horn does not work, its operation is prohibited. Other faults are not a reason to prohibit the use of the vehicle, since they are not on the List.

Is it allowed to install curtains or blinds on the rear window of a car?

On rear window In a passenger car, it is allowed to install curtains or blinds, but only if there are external rear-view mirrors on both sides.

What kind of malfunction is the vehicle allowed to operate?

Of all the listed malfunctions, only a non-working window regulator is not a reason to prohibit the operation of your vehicle. Other faults are included in the List, and if they are present, the operation of the vehicle is prohibited.

In what cases are you allowed to operate a passenger car?

What should you do if the speedometer stops working while driving?

If the speedometer of your car fails to work while on the road, then operating the car is prohibited. In this case, you must try to fix the malfunction on the spot, and if this is not possible, you must proceed to the place where it is parked or repaired, taking the necessary precautions.

In what cases is it permissible to operate a passenger car?

Of all the listed malfunctions, only a non-functioning coolant temperature gauge does not cause the operation of your car to be prohibited. If the speedometer or anti-theft device provided by the design does not work, operation of the vehicle is prohibited. List of clause 7.4. In addition, it is prohibited to operate a vehicle if there are no identification marks that must be installed in accordance with the List of clause 7.15.1.

In what case are you prohibited from further driving a car with a trailer, even to the repair site or parking lot?

In case of malfunction coupling device you are prohibited further movement by car with trailer even to the place

Budennovsky City Court (Stavropol Territory) - Administrative

Budenovsky City Court administrative material

Stavropol Territory No. 12-161/15

SOLUTION

Budennovsky City Court of the Stavropol Territory, consisting of:

judge Solovyova O.G.,

under secretary Azarova E.N.,

with:

person brought to administrative responsibility Boyko V.N.,

traffic police inspector OR traffic police traffic police FULL NAME4,

Having considered the material on the complaint in open court:

Boyko V.N., DD.MM.YYYY of birth, native, registered and residing at:

on the resolution of the inspector of the OR DPS of the State Traffic Safety Inspectorate of the Main Directorate of the Ministry of Internal Affairs of Russia for the Investigative Committee FULL NAME3 on the imposition of an administrative fine in the case of administrative offense from DD.MM.YYYY

U S T A N O V I L:

DD.MM.YYYY inspector of the OR traffic police of the State Traffic Safety Inspectorate of the Main Directorate of the Ministry of Internal Affairs of Russia for SK FULL NAME3 in relation to Boyko V.N. a decision was made in the case of an administrative offense under Part 1 of Art. Section II. Special part > Chapter 12. Administrative offenses in the field of road traffic > Article 12.5. Driving a vehicle in the presence of malfunctions or conditions under which the operation of vehicles is prohibited, or a vehicle on which the identification mark "target="_blank">12.5 of the Code of Administrative Offenses of the Russian Federation is illegally installed is subject to the imposition of an administrative fine in the amount of 500 rubles.

Having disagreed with the said resolution, Boyko V.N. filed a complaint in which he indicated that the inspector, FULL NAME3, incorrectly indicated in the protocol on an administrative offense dated DD.MM.YYYY that he had violated paragraphs. 7.18 Traffic rules of the Russian Federation. In addition, he requested that the case of an administrative offense be considered at his place of residence: which is confirmed by the corresponding entry in the copy of the protocol on the administrative offense issued to him by the traffic police inspector. At the same time, traffic police inspector FULL NAME3, his petition for consideration of a case of an administrative offense at the place of residence, which is provided for in Part 1 of Art. The FCR about the AP was left without satisfaction, but did not explain the reason for the refusal. Further, the traffic police inspector FULL NAME3, without the grounds provided for by law, issued DD.MM.YYYY against him a resolution imposing an administrative fine in the amount of 500 rubles for an administrative offense under Part 1 of Art. Section II. Special part > Chapter 12. Administrative offenses in the field of road traffic > Article 12.5. Driving a vehicle in the presence of malfunctions or conditions under which the operation of vehicles is prohibited, or a vehicle on which the identification mark "target="_blank">12.5 of the Code of the Russian Federation on accidents is illegally installed.

He believes that the decision to impose an administrative fine issued against him by traffic police inspector M.N. Voronov should be canceled on the following grounds:

Thus, the dimensions of the sides of the KAMAZ vehicle he drives, No., meet the requirements of the current GOST 27226-90, in which the notes to tables 1.2 indicate that the internal height of the main sides can be increased with the help of extension sides. The recommended height of the main sides, including extensions, for vehicles with a carrying capacity of more than 4.5 tons is at least 800 mm. Increasing the sides does not constitute changes to the design of the truck that require registration with the State Traffic Safety Inspectorate of the Ministry of Internal Affairs of the Russian Federation. In accordance with clause 3.10 of the State Standard of the Russian Federation GOST R 51709-2001 “Motor vehicles. Safety requirements for technical condition and verification methods", a change in the design of a vehicle is the exclusion of the provided or installation of not provided structures of a specific (base) vehicle, components and items of equipment that affect the level of road safety.

He believes that he was brought to administrative responsibility under Part 1 of Art. Section II. Special part > Chapter 12. Administrative offenses in the field of road traffic > Article 12.5. Driving a vehicle in the presence of malfunctions or conditions under which the operation of vehicles is prohibited, or a vehicle on which the identification mark "target="_blank">12.5 of the Code of the Russian Federation on accidents is illegally and unreasonably installed, asks to cancel the Resolution on the imposition of an administrative fine from the DD .MM.YYYY year, the proceedings in the case are terminated.

At the court hearing, Boyko V.N. He supported the arguments of the complaint in full, explaining that the KAMAZ-No. agricultural vehicle he owned, the sides installed on the body were rigidly fixed, the type of body had not been changed. The car was registered with the traffic police, after increasing the sides and no additional permits are required.

At the court hearing, the traffic police inspector OR traffic police traffic police FULL NAME4 did not recognize the arguments of the complaint, explaining that according to the provisions of the Federal Law “On Road Safety”, the height of the sides truck transport installed only at manufacturing plants or in certified organizations.

After listening to the explanation of Boyko V.N., inspector FULL NAME4, and examining the materials of the administrative case, the court comes to the following.

According to Part 1 of Article 30.3 of the Code of Administrative Offenses, a complaint against a decision in a case of an administrative offense can be filed within ten days from the date of delivery or receipt of a copy of the decision.

The complaint was filed by V.N. Boyko. DD.MM.YYYY year, that is, in statutory term.

According to Art. 26.11 of the Code of Administrative Offenses, a judge, members of a collegial body, an official conducting proceedings in a case of an administrative offense, evaluate the evidence according to their inner conviction, based on a comprehensive, complete and objective study of all the circumstances of the case in their totality. No evidence can have predetermined validity.

According to Part 3 of Article 30.6 of the Code of Administrative Offenses, the judge and a higher official are not bound by the arguments of the complaint and check the case in full.

Considering the arguments of the complaint of Boyko V.N. regarding the dissatisfaction of the traffic police inspector, FULL NAME3, when introducing a resolution to impose an administrative fine from DD.MM.YYYY, his petition to consider the case of an administrative offense at his place of residence, the court finds them unfounded.

According to the resolution imposing an administrative fine No. dated DD.MM.YYYY on Boyko V.N. for violation of clause 7.18 of the traffic rules specified in the protocol on an administrative offense, for committing an administrative offense under Part 1 of Art. Section II. Special part > Chapter 12. Administrative offenses in the field of road traffic > Article 12.5. Driving a vehicle in the presence of malfunctions or conditions under which the operation of vehicles is prohibited, or a vehicle on which the identification mark "target="_blank">12.5 of the Code of Administrative Offenses of the Russian Federation is illegally installed, an administrative fine in the amount of 500 rubles is imposed.

As established by the court at the hearing, the instruction by the inspector of the OR DPS of the State Traffic Safety Inspectorate of the Main Directorate of the Ministry of Internal Affairs of Russia for SK FULL NAME3 on the violation by the driver Boyko V.N. Clause 7.18 of the Traffic Rules is incorrect, since the Traffic Rules in the Russian Federation, approved by Decree of the Government of the Russian Federation dated October 23, 1993 No. 1090 (as amended on June 30, 2015) do not contain clause 7.18.

At the same time, according to paragraph 7.18 of the List of faults and conditions under which the operation of vehicles is prohibited, which is an annex to the Basic Provisions for the admission of vehicles to operation and the responsibilities of officials to ensure road safety, it is indicated that the operation of vehicles is prohibited when added to the design of the vehicle changes without permission from the State Road Safety Inspectorate of the Ministry of Internal Affairs of the Russian Federation or other bodies determined by the Government of the Russian Federation.

According to paragraph 23.2 of the Traffic Rules, before and while driving, the driver is obliged to control the placement, fastening and condition of the load in order to avoid it falling and interfering with traffic.

Clause 23.5 of the Traffic Rules indicates that the movement of the vehicle, overall parameters which, with or without cargo, exceeds 2.55 m in width (2.6 m for refrigerators and isothermal bodies), 4 m in height from the roadway surface, 20 m in length (including one trailer), or the movement of the vehicle with cargo protruding beyond the rear point of the vehicle's overall dimensions by more than 2 m, as well as the movement of road trains with two or more trailers is carried out in accordance with special rules.

In the List of malfunctions and conditions under which the operation of vehicles is prohibited (appendix to the Basic Provisions for the admission of vehicles to operation and the responsibilities of officials to ensure road safety), subclause 7.18 indicates a prohibition of operation if changes are made to the design of the vehicle without the permission of the traffic police The Ministry of Internal Affairs of the Russian Federation or other bodies determined by the Government of the Russian Federation, methods for checking the given parameters are regulated by GOST R 51709-2001 “Motor vehicles. Safety requirements for technical condition and verification methods.”

However, the specified GOST R 51709-2001 does not provide methods for checking the increase in the height of the sides of the vehicle body, and therefore the court comes to the conclusion that increasing the height of the sides of the truck body does not make any changes to the design of the vehicle and does not affect road safety .

It is not possible to check the compliance of the height of the sides of the body of the vehicle KAMAZ-No. state number No. with paragraph 23.3 of the Traffic Rules, since both the protocol on an administrative offense and the resolution on the imposition of an administrative fine dated DD.MM.YYYY do not indicate the height of the side of the vehicle , which was under the control of Boyko V.N.

Based on the foregoing, the court comes to the conclusion that changes in the design of the vehicle affecting road safety, Boyko V.N. were not introduced, therefore, there is no event of an administrative offense, liability for which is provided for in Part 1 of Art. Section II. Special part > Chapter 12. Administrative offenses in the field of road traffic > Article 12.5. Driving a vehicle in the presence of malfunctions or conditions under which the operation of vehicles is prohibited, or a vehicle on which the identification mark "target="_blank">12.5 of the Code of Administrative Offenses of the Russian Federation is illegally installed.

The court, having examined the administrative material submitted to the court, finds the complaint of Boyko V.N. justified and comes to the conclusion that the traffic police inspector ORDPS traffic police FULL NAME3 driver Boyko V.N. wrongfully brought to administrative responsibility for committing an administrative offense, liability for which is provided for in Part 1 of Art. Section II. Special part > Chapter 12. Administrative offenses in the field of road traffic > Article 12.5. Driving a vehicle in the presence of malfunctions or conditions under which the operation of vehicles is prohibited, or a vehicle on which the identification mark "target="_blank">12.5 of the Code of Administrative Offenses of the Russian Federation is illegally installed.

By virtue of clause 3, part 1 of Art. of the Russian Federation, based on the results of consideration of a complaint against a decision in a case of an administrative offense, a decision is made to cancel the decision and to terminate the proceedings in the case if at least one of the circumstances provided for in Art. Art. , Russian Federation, as well as in the absence of proof of the circumstances on the basis of which the decision was made.

By virtue of clause 1, part 1 of Art. In the Russian Federation, proceedings in a case of an administrative offense cannot be started; the started proceedings are subject to termination in the absence of an administrative offense event.

Based on the foregoing, the court considers the decision of the traffic police inspector ORDPS traffic police FULL NAME3 from DD.MM.YYYY to be illegal and subject to cancellation, and the proceedings in the case of an administrative offense against V.N. Boyko. termination.

Guided by clause 3, part 1, article 30.7, clause 1, part 1, article 24.5 of the Code of Administrative Offenses, the court

DECIDED:

Complaint by Boyko V.N. - to satisfy.

Resolution of the inspector of the OR traffic police of the State Traffic Safety Inspectorate of the Main Directorate of the Ministry of Internal Affairs of Russia for SK FULL NAME3 from DD.MM.YYYY on the involvement of Boyko V.N. to administrative liability under Part 1 of Art. Section II. Special part > Chapter 12. Administrative offenses in the field of road traffic > Article 12.5. Driving a vehicle in the presence of malfunctions or conditions under which the operation of vehicles is prohibited, or a vehicle on which the identification mark "target="_blank">12.5 of the Code of Administrative Offenses of the Russian Federation is illegally installed and the imposition on it administrative punishment in the form of a fine of 500 rubles - cancel due to the absence of an administrative violation. Proceedings in the case of an administrative offense against V.N. Boyko stop

The decision can be appealed to the Stavropol Regional Court within 10 days.

Judge O.G. Solovyova

7.1. The number, location and class of rear-view mirrors do not comply with GOST R 51709-2001, there are no glasses provided for by the design of the vehicle.

7.2. The sound signal does not work.

7.3. Additional objects have been installed or coatings have been applied that restrict visibility from the driver's seat.

7.5. There are no rear protective devices, mudguards or mudguards provided for by the design.

7.7. Missing:

On a bus, passenger cars and trucks, wheeled tractors - a first aid kit, a fire extinguisher, a warning triangle in accordance with GOST R 41.27-2001;

on trucks with a permissible maximum weight over 3.5 tons and buses with a permissible maximum weight over 5 tons - wheel chocks (there must be at least two);

on a motorcycle with a side trailer - a first aid kit, an emergency stop sign in accordance with GOST R 41.27-2001.

(see text in the previous edition)

7.8. Illegal equipping of vehicles with the identification sign “Federal Security Service of the Russian Federation”, flashing lights and (or) special sound signals, or the presence on the outer surfaces of vehicles of special color schemes, inscriptions and designations that do not comply with state standards of the Russian Federation.

(see text in the previous edition)

7.9. There are no seat belts and (or) seat head restraints if their installation is provided for by the design of the vehicle or the Basic Regulations for the admission of vehicles to operation and the responsibilities of officials to ensure road safety.

(see text in the previous edition)

7.10. Seat belts are inoperative or have visible tears in the webbing.

7.11. The spare wheel holder, winch and spare wheel lifting/lowering mechanism do not work. The ratcheting device of the winch does not fix the drum with the fastening rope.

7.12. The semi-trailer has no or faulty support device, support transport position clamps, and support lifting and lowering mechanisms.