The expert told how to cancel the traffic police fine issued without a “leaflet”.
February 7, 2023
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In the program “Right of the Rudder” on Avtoradio, Viktor Travin, chairman of the council of legal protection of car owners, spoke about little-known nuances that make it
In the program “Right of the Rudder” on Avtoradio, Viktor Travin, chairman of the council of legal protection of car owners, spoke about little-known nuances that make it possible to challenge the decision of a traffic police inspector. Portal “AvtoVzglyad” gives details.
Russian administrative law gives the inspector of the traffic police, who caught the driver violating the traffic rules, the right not to draw up a report of the violation. Instead, the police officer can immediately issue a punishment order. The nuance in this case is that the standard form of the protocol has a “Rights Explained” column. The driver for whom this paper has been drawn up must sign in it. She confirms that the police officer has informed the citizen – as required by administrative law – about his rights. And there is no such column on the decision form. Traffic police officers often argue that since there is no such column, no one needs to explain anything.
– There really is no such column in the form of the decision on punishment, but it does not matter. The law says that the driver, when considering his case, must be explained his rights. And the driver’s receipt on a separate piece of paper stating that he understands this explanation must accompany the decision. If a fine is imposed without explaining the rights of a motorist, such a decision can be unequivocally canceled, – said Victor Travin, presenter of the Right of the Rudder program on Avtoradio.
Russian administrative law gives the inspector of the traffic police, who caught the driver violating the traffic rules, the right not to draw up an official report of the violation. Instead, the police officer can immediately issue a punishment order. The nuance in this case is that the standard form of the protocol has a “Rights Explained” column. The driver for whom this document has been drawn up must sign in it. She confirms that the police officer has informed the citizen – as required by administrative law – about his rights. And there is no such column on the decision form. Traffic police officers often argue that since there is no such column, no one needs to explain anything.
– There really is no such column in the form of the decision on punishment, but it does not matter. The law says that the driver, when considering his case, must be explained his rights. And the driver’s receipt on a separate piece of paper stating that he understands this explanation must accompany the decision. If a fine is imposed without explaining the rights of a motorist, such a decision can be unequivocally canceled, – said Victor Travin, presenter of the Right of the Rudder program on Avtoradio.
Donald Salinas is an experienced automobile journalist and writer for Div Bracket. He brings his readers the latest news and developments from the world of automobiles, offering a unique and knowledgeable perspective on the latest trends and innovations in the automotive industry.