Is it possible to film an inspector: studying the new traffic police regulations On October 20, a new administrative regulation for traffic police officers (order No. 664) came into force, which provoked a fair amount of hype in the media. The post is over - What is the reason for the stop? - competent drivers like to ask when an inspector slows them down. So, before, when stopping outside a checkpoint, a traffic police officer could not refer to the need to check documents, but now he can. But has anything essentially changed? No, experts say. The inspector had the opportunity to stop outside the stationary post before, and any more or less savvy employee could easily comply with the formalities of the regulations. In the new regulations, at first glance, the powers are even expanded, but in fact, a stop to check documents must still be justified. The requirements for checking documents have only become more stringent: now, whether at a stationary post or outside it, the inspector needs grounds for this, which are listed in paragraph 106 of the new regulations. Without going into details, the reasons can be divided into three groups: identifying signs of traffic violations, the presence of orientations or carrying out activities. Simply put, it is now possible to stop to check documents, but the reasons for stopping a driver are essentially the same! The inspector only needs to announce the identification of signs of traffic violations or refer to a special operation, and the ceremonial part will be completed. This supposed ban on stopping cars outside of stationary checkpoints was most often appealed to by drunk drivers, trying to ruin the case, but there is no judicial practice where the court would accept their argument, even if the inspector violated the requirements of the regulations. Courts extremely rarely take into account the mentioned regulations when considering administrative cases against drivers, since the proceedings on them are regulated by the Constitution of the Russian Federation, the Code of Administrative Offenses of the Russian Federation, and the procedure for the actions of the inspector is also regulated by Decree of the President of the Russian Federation No. 711, the Law “On Police”, etc. d. The topic of the ban on checking documents outside of stationary posts was initially overblown. Secret signs But here is a rather interesting aspect: in the previous regulations, Art. 57 prohibited the use of automatic fixing devices in places where temporary signs were installed. Now such a ban has disappeared from the regulations. On the one hand, the authorized person needs to somehow confirm that the temporary sign was actually installed at such and such a time on such and such a section of the road, on the other hand, you can first obtain confirmation of the installation of the temporary sign, for example, from a contractor that carries out repairs work, and then slap “automatic” fines, even if the sign is not installed or installed in violation. This can give rise to bad practices because temporary signs are often elusive, like happiness. This is not only about deliberate forgery: a temporary sign can fall due to the wind, be stolen or covered by a construction vehicle, but in a few weeks the driver will be able to prove anything only by saving the recording from the dash cam. In case of violations recorded automatically, it is the driver’s responsibility to prove his own innocence. The presence or absence of temporary signs on the corresponding section of the road at the time of the violation will have to be proven by the citizen, and not by the inspector, which, of course, is extremely problematic. How to film an inspector Another overblown topic is the alleged ban on filming a traffic police inspector. In the previous version of the regulations, the wording was as follows: “An employee must not interfere with the use of video and sound recording equipment by a road user, unless prohibited by law. The employee must inform the road user making the recording about the existence of the prohibition.” Such a requirement was introduced by the top management of the traffic police after a series of conflicts between drivers and traffic police inspectors, and its motive is clear - to make the work of the traffic police officer transparent. The permission to film the inspector has not gone away: the media are trumpeting that for filming an employee you can get almost Part 1 of Art. 19.3 (disobedience to the legal demands of the inspector), which threatens punishment up to and including arrest, is utter nonsense. The absence of direct permission in the administrative regulations does not change anything essentially, because the right to conduct such filming is determined by other laws, in particular, the law “On Information...”. There is no law that would prohibit recording a conversation with an inspector, so filming can be done either covertly or openly. But I would warn you against using hidden special recording equipment, for example, pens with a built-in voice recorder. In Russia, even their acquisition constitutes a criminal offense. You can still film the inspector with a regular smartphone. The new edition of the regulations will increase the number of controversial situations: – Inspectors previously believed through one another that they could not be removed, but at least direct permission to do this was contained in the administrative regulations. Now they have removed it, and although this has not changed anything essentially, it is unlikely that ordinary employees will delve into these subtleties. They are more often guided by the information background of the media, where the idea of ​​​​a ban on filming is being discussed, so it is not surprising if traffic police officers more often interfere with filming. About “commercial” cameras In many regions, a practice has developed where video recording systems for violations do not belong to the traffic police. Their operators and owners are specialized companies that work with the traffic police within the framework of the law on public-private and municipal-private partnerships. In the new administrative regulations, this approach has been formalized: clause 76 allows the use of technical means, including those belonging to public associations and organizations. In addition, the cameras must comply with the recently introduced GOST, which is relevant for complexes installed after July 1, 2017. The best way for a divorce The old regulations, when confiscating a fake driver's license, provided for the issuance of a temporary permit to the driver. The new regulations do not provide for the issuance of a temporary permit, and according to paragraph 7.11, a copy of the seized driver’s license is issued if there are signs of forgery. But the confiscation of documents is also mentioned in paragraph 219, which is formulated in such a way that it is not necessary to give the driver a copy of the license: “if documents are confiscated, with the exception of the confiscation of a driver’s license, copies are made from them...”. In practice, this opens a loophole for such a scam: they stop a resting driver somewhere near Krasnodar and say that the license shows signs of being counterfeit, and therefore it is confiscated. And since paragraph 219 does not require the provision of a certified copy, an examination will be carried out, and the driver will not go anywhere. And then he is offered to resolve the issue “amicably.” Such a divorce is possible, but illegal, because falsification of documents constitutes not an administrative violation, which is discussed in paragraph 219, but a criminal offense, and, in accordance with the Code of Criminal Procedure, in this case, providing a copy is mandatory, as stated in paragraph 7.11 . But inspectors can make a fool of the driver that he will be left without a driver's license when he is away from home. If this happens, do not give in and demand a certified copy of the document, and if the rights are nevertheless confiscated and they turn out to be genuine, then go to court for compensation. Medical examination with delivery The Regulations have been supplemented with Article 223, which instructs police officers to deliver the driver from the medical center to his car if medical workers have not confirmed the state of intoxication. Is it necessary to cram the regulations? The excitement around the new administrative regulations creates the impression that this is almost the main document regulating the relationship between the traffic police officer and the driver. Its importance is exaggerated: by and large, this is an internal document of the inspection, and it has no direct relation to drivers. The relevance of the regulations can only be discussed in cases where there is a question of holding the inspector accountable for violations, which in practice does not happen often for obvious reasons. Knowledge of administrative regulations is unlikely to help to terminate a case of an administrative offense against a driver (avoid a fine, deprivation of the right to drive, arrest, etc.). It is not the primary document that would determine the activities of the traffic police, if we are talking about the practice of judicial proceedings in administrative cases against drivers. There is still a benefit from knowing the regulations: it describes all the actions of the inspector and presents an extract from the laws, and even with references to them. When filing a complaint, open the required section of the regulations, rewrite what the inspector was obliged to do, but did not do, but put the link not to the regulations themselves, but to the laws mentioned there.

Most motorists today have a DVR installed on the windshield of their car and modern mobile gadgets that allow them to take photos and videos almost online. These devices are effective when it is necessary to resolve controversial issues with traffic police officers who stop cars on the road for traffic violations.

However, traffic inspectors often prohibit filming themselves, citing the fact that they are officials on duty, that they did not give permission for video filming, that they are in the visibility zone of an object that is prohibited from filming, etc. A completely reasonable question arises: is it legal to film the conversation when communicating with State Traffic Inspectorate employees? Is this legal? Do traffic cops have the right to prohibit the use of video recording equipment?

Is it possible to film a traffic police officer while on duty?

These questions today are of interest not out of nowhere. When meeting with traffic police inspectors, drivers want to be protected from arbitrariness and violation of the law, and also to have evidence of their position in the event of a controversial situation regarding traffic rules. Finally, the clause on the right of drivers to film inspection officers disappeared from the 2017 edition of the Administrative Regulations of the State Traffic Safety Inspectorate, which gives rise to the prohibition of video recording.

Indeed, the clause allowing drivers to film the actions of traffic cops on the road and prohibiting inspectors from interfering with video filming existed in the old version of the regulations. It also mentioned that the driver is not allowed to film using equipment prohibited for use in the Russian Federation, and if there is a ban on filming in special cases. The traffic police officer had to inform the driver separately about the ban.

In the new edition (2017), this clause is absent, but, as the Ministry of Internal Affairs of the Russian Federation has repeatedly clarified, this does not mean a ban on filming the work of inspectors, since free video filming is permitted on the basis of:

• Article No. 29 of the Constitution of the Russian Federation (“a citizen has the right to seek, receive, transmit, produce and distribute any information in any legal way”);
• Article No. 8 of the Federal Law No. 3 “On the Police” (“... the activities of the police are open to society to the extent that this does not contradict the requirements of the legislation of the Russian Federation...”).
• Article No. 3 of Federal Law No. 149 “On Information” (“openness of information about the activities of government bodies... and free access to such information, except in cases established by federal laws”).

On the one hand, the listed regulations have a higher status than the Administrative Regulations of the State Traffic Safety Inspectorate, which are just technical instructions for officials. On the other hand, each law has a clause stating that prohibitive situations established by other legislative norms of the Russian Federation may occur.

The leadership of the Ministry of Internal Affairs has repeatedly stated that traffic police officers do not have the right to prohibit road users from using photo and video equipment, filming and recording communications with inspectors. If a traffic police officer tries to prohibit filming without good reason and charge the driver for disobeying their order under Article 19.3 of the Administrative Code (fine up to 1,000 rubles or arrest for up to 15 days), he is breaking the law, and his actions can be appealed pre-trial or in court .

When is it prohibited to film a traffic police officer?

In what special situations, which are mentioned in almost every piece of legislation, is it prohibited to film traffic inspectors? You cannot take pictures if:

• traffic police officers carry out operational search activities;
• national security or state secrets are at risk;
• you are in the visibility zone of a security (military or strategic) object;
• you are in the territory where a counter-terrorism operation is being carried out;
• if your filming interferes with traffic police officers working at the scene of an accident or considering an administrative offense;
• if there is an immediate threat to your life (heavy traffic, there is a possibility of a damaged vehicle catching fire, etc.);
• if the filming violates the rights of other citizens.

The State Traffic Inspectorate must inform you about each of these cases immediately, and you must turn off the camera. If, after a warning, you refuse to comply with the inspector’s demands, he has the right to fine you under the same Article 19.3 of the Code of Administrative Offenses in the amount of up to 1000 rubles or arrest you for 15 days.

At the same time, if the ban on filming was unlawful, you have the right to appeal to a higher structure of the State Traffic Inspectorate, the internal security service of the traffic police or the court. Remember that you have the right to freedom of action, to take photographs for personal purposes (Federal Law No. 152) and to freely receive information from traffic police officers, whose activities must be open and transparent (Federal Law No. 3).

Traffic police officers, by the way, also have the right to film your actions on a regular video recorder (installed in the car or at a traffic police post) or on mobile video recorders attached to the uniform of each inspector. If there are no witnesses to draw up a protocol, they have the right to draw it up on a camera or mobile phone.

Do I need to warn the State Traffic Inspectorate about the filming?

You have the right to videotape the actions of traffic police officers from any video recording device that is not prohibited for use in the Russian Federation, and in any situation that does not limit you by law. Therefore, you yourself decide whether to warn the inspector that it is being removed or not.

In conclusion, it should be noted that, even if there is a broad legislative framework giving you the right to film the actions of traffic police officers, you are defenseless. The legislation does not clearly define your right to film, and traffic inspectors can turn the existing restrictions to their advantage at any time.

It is important to understand that even if the State Traffic Inspectorate employee’s demand to stop video filming is illegal, you will be able to appeal it only after the fact, and the WTO camera will have to be turned off immediately upon request. The traffic police inspector will later receive a minor official penalty for his actions, but you will still not be able to obtain the video evidence you need.

On October 20, a new administrative regulation of the State Traffic Safety Inspectorate came into effect in Russia. It caused a lot of discussion. In particular, a flurry of questions from drivers was about the possibility of filming traffic police officers. So, what is now possible, what is not, and what changes have been made to the regulations.

Driver and passengers, show your documents! Since October 20, there is no need for any other reason to stop the car. If previously, for no apparent reason, they had the right to brake a car only at a stationary traffic police post, now - anywhere and anytime, even at night in a deep forest.

The explanation is this: there are fewer and fewer traffic police posts, they are closed every month, and car thieves and drunk drivers try not to break the rules. How else to catch them?

“If it is dark, some deserted place, there is mobile communication, there is radio communication, there is a telephone number of the duty department of the territorial body, through which you can clarify in case of doubt whether this outfit is really an outfit, and not some scammers,” explained Head of the Department of Traffic Police, Special Events and Law Enforcement Activities of the State Traffic Safety Inspectorate Alexander Bykov.

In fact, what inspectors did before has now been legalized - they stopped cars, citing all sorts of special operations. The Internet is full of videos where this can be seen, but now there will be noticeably less such filming.

No, you can film traffic police work in public places, but only until a traffic police officer prohibits it. If you do not agree to stop filming, you may end up in handcuffs and face a fine or arrest for up to 15 days.

“Filming is permitted with us except in cases where it is expressly described in the law and when an employee requires, in order to preserve traces and circumstances that need to be recorded, to either move away or stop video filming. Any action with which a citizen does not agree, he can subsequently appeal in the prescribed manner,” said Alexander Bykov, head of the Department of Traffic Police, Special Events and Law Enforcement Activities of the State Traffic Safety Inspectorate.

Another innovation is that as of October 20, inspectors no longer have the authority to issue a certificate of accident, which is required by insurance companies. The traffic police propose to register accidents according to the European protocol without traffic police at all, or to make do with other procedural documents - a protocol on an administrative offense, or a resolution on the case.

“The said documents, among other things, will briefly reflect the information that was previously contained in the accident certificate. This is information about vehicles, damage, information about the MTPL contracts of the participants in the incident,” said the head of the Department of Traffic Police, Special Events and Law Enforcement Activities of the State Traffic Safety Inspectorate, Alexander Bykov.

This same week, the rules for passing exams in driving schools also became more complicated. Thus, one of the most difficult exercises - entering the box in reverse at 90 degrees - can now be performed only in one step, without changing gears.

“Now these back and forth movements are not allowed, a person must immediately enter the first time - either into a box or into a parallel parking,” said instructor Tomaz Tkeshelashvili.

Today a student, who is driving for the second day, comes to the box. And she succeeds thanks to the instructor’s precise tips. But a driver with 20 years of experience failed to do this the first time - his habit of looking behind him and not in the rear-view mirrors let him down.

“Before, during exercises there were such high racks, when you looked back, you saw them; now if you look behind you, you’re unlikely to see them,” the instructor explained.

Now driving schools are forced to increase the number of hours dedicated to this exercise.

The rules are also becoming stricter for those who pass category “A”, for example, passing the “snake”, only one attempt is now allotted for it, the second is not allowed - if you make a mistake, you do not pass.

The traffic police has officially clarified the discrepancies in the legislation regarding whether it is possible to remove inspection officers during an inspection. The fact is that since it came into force on October 20, a line has disappeared from the document directly stating that the traffic police inspector does not have the right to prevent the driver from taking photos and videos and recording conversations on a voice recorder.

Many motorists who read the document decided that this was a direct ban on filming inspectors. Their opinion was shared by various experts. In reality, things are completely different.

The worst thing is that some also considered that drivers are now prohibited from taking them off at work. In some cases, inspectors threatened to prosecute drivers who tried to protest the exercise of their legal rights for disobedience to the inspector’s legal order. Article 19.3, which could threaten citizens with a fine of 500 to 1,000 rubles and arrest for 15 days.

No one at the legislative level prohibited the collection of evidence of inspectors’ offenses in any legal way, except for the direct prohibition specified in the law.

As explained by a high official in the department (Head of the Main Directorate for Road Safety of the Ministry of Internal Affairs of Russia, Mikhail Chernikov), responding to a request from deputy Yaroslav Nilov, he made it clear that the norm was removed from the new regulations due to the fact that it is regulated by other laws.

“The right of citizens to freely seek, receive, transmit, produce and disseminate information in any legal way is enshrined in Article 29 of the Constitution of the Russian Federation,” noted the head of the State Traffic Inspectorate.

“The responsibilities of a police officer to respect the rights and legitimate interests of road users, as well as to explain the reasons and grounds for restricting their rights and freedoms are enshrined in subparagraph 7.2 and paragraph 45 of the administrative regulations. Provisions allowing a police officer to prohibit a road user from using photos, videos and sound recording equipment without the grounds provided for by the legislation of the Russian Federation is not contained in the administrative regulations,” said a representative of the Ministry of Internal Affairs of the Russian Federation.

The media were full of horror about the introduction of the new Administrative Regulations of the State Traffic Safety Inspectorate on October 20, 2017. Video filming of traffic police inspectors is prohibited; you can check the driver’s documents anywhere and there is no reason for this; the inspector has the right to disguise the car! Is it so? Let's try to figure it out.

The new Administrative Regulations..., approved by order of the Ministry of Internal Affairs of Russia dated October 20, 2017 No. 664, are an internal document of the ministry. Essentially, this document contains rules on how an inspector should behave correctly with road users.

Video recording of traffic police inspector

The old Regulations contained a direct ban on prohibiting video recording by an inspector. In the age of the Internet and the availability of legal information from various sources (YouTube, social networks), a driver who has watched enough videos about the correct behavior of inspectors, if stopped, incites a meaningless argument or, in the modern way, “trolls” the inspector, finding fault with everything. That is why the ban on obstructing filming was removed from the Regulations. Previously, the inspector could not even ask not to film him.

The new Regulations no longer contain such a prohibition. However, in addition to the Regulations, there is Article 8 of the Law “On the Police,” which allows citizens to videotape police officers (and the traffic police inspector is a police officer). Also, such a right is provided for by Part 4 of Article 29 of the Constitution, Article 4 of the Federal Law “On Ensuring Access to Information on the Activities of State Bodies and Local Government Bodies”, Article 3 of the Federal Law “On Combating Corruption” and other laws.

The point is this: since the Ministry of Internal Affairs is a public body, it must adhere to the principle of openness and accessibility.

The maximum that a traffic police inspector is allowed to do is offer (ask) not to make video recordings. The driver may refuse this request.

Therefore, it is not prohibited to film a traffic police inspector while on duty. Not prohibited by the regulations. If the inspector asks not to make video recordings with reference to other legal acts, then such a requirement will be completely legal and should be obeyed. For example, a ban on filming during special events, near special objects, etc.

As for filming the driver, the inspector is obliged to notify the road user about this (clause 38).

Transferring documents without holding devices

The use of clamps, hooks and other clever devices that do not allow the inspector to leave with documents is prohibited. Now inspectors accept documents without holding devices (paragraph 53).

However, it is not clear what the inspector should do if the driver hands over documents on a chain. Should he accept or require the driver to release the documents. Essentially, if a driver hands over documents with a restraint device, then he does not comply with the requirements of the Regulations. But the Regulations, as mentioned above, are an internal document and no driver’s responsibilities are stipulated there. The traffic rules do not specify how the driver transmits documents. Therefore, what responsibility and what punishment should be applied to the driver is not clear.

Checking documents outside a stationary post

Due to the reduction in the number of stationary posts, the legislator expanded the list of grounds for stopping vehicles. In the old Regulations there were 10 of them, in the new Regulations there are already 14.

The new Regulations do not contain requirements to stop a vehicle for the purpose of checking documents exclusively at stationary checkpoints. So you can stop a car outside a stationary checkpoint? Answer: yes. But you need reasons to stop. And the grounds for checking documents are listed in paragraph 106 of the Regulations. Read it for yourself.

Traffic police ambushes

Now the Inspector in the bushes is no longer the hero of jokes. The new Regulations allow for cases of masking a company vehicle.

As a general rule, a company vehicle must be positioned in such a way that it is clearly visible to road users (clause 63). The same paragraph provides for cases for camouflaging a car.

The patrol car can be placed in places with limited visibility (camouflaged):

• on emergency-hazardous sections of the road;
• when using photo-video recording equipment.

Stopping on an unlit section of the road

The old Regulations included a direct ban on stopping a car on an unlit section of the road. There is no such prohibition in the new Regulations. The main requirement for stopping in the dark is the presence of light signals, and then only if possible.

Video recording of violations in the area covered by temporary signs

In the old Regulations, the use of automatic fixing devices in places where temporary road signs were installed was not allowed (clause 57).

There is no such prohibition in the new Regulations.

This is due to the fact that in anticipation of preparations for the 2018 FIFA World Cup, the authorities decided to repair the roads. Multi-Lane. Therefore, there are many narrowings, detours and temporary signs. According to the traffic police, the number of accidents in the repair work areas has increased. The dependence is clear. The number of repairs has increased - the number of accidents has increased. But the traffic police cited traffic violations as the reason for the increase in accidents in the area covered by temporary signs, and not the sharp increase in repair work.

For the driver, it is not the reason that is important, but the result - recording violations in the temporary sign zone.

The driver is obliged to get out of the car at the request of the inspector

The employee has the right to offer to get out of the car (clause 93). The key word here is “offer”. Those. the driver can politely refuse the offer. How then can a driver who is under the influence of alcohol be suspended? Easy, based on Article 27.12 of the Administrative Code.

Thus, the inspector does not have the right to require drivers to get out of the car.

Car search

A very positive change. The old Regulations contained a provision that the basis for conducting an inspection was the verification of a reasonable belief. The key word is "assumption". Those. the same “wants” of the inspector: “something I don’t like, the way you are conducting a dialogue with me,” “everything is suspicious, oh, well, let me check the car.”

Now there is no such thing. The new Regulations contain the following: inspection of a vehicle is possible in accordance with factual data - reports from citizens, the duty station, and so on, i.e., it must be some kind of factual information. Not the inspector's desire, but information.

So, what to say in conclusion. If traffic police officers have not understood the previous Regulations for 8 years, then doing so in the new, more voluminous one will be even more difficult.

In general, the new Traffic Police Regulations 2017 were written for traffic police inspectors. There are no responsibilities for drivers there. Maybe it’s not worth studying it so scrupulously. Why do drivers need to know the internal documents of the Ministry of Internal Affairs? Drivers must follow the rules of the road, rather than having officials follow instructions.