THE BELL

There are those who read this news before you.
Subscribe to receive fresh articles.
Email
Name
Surname
How do you want to read The Bell?
No spam

For many drivers who recently received their licenses, it seems completely incredible that traffic police officers were once entitled to revoke them for committing an offense. state numbers motor transport. Car owners with more impressive experience still remember this “cave” relic of administrative legislation - the law on removing license plates. Let's refresh our memory when and why it was canceled, why it was appointed, and what its specific manifestations were.

Adoption of a law abolishing the removal of numbers

The law, which many car owners were waiting for, came into force in the fall of 2014 - November 15. From this day on, the authority to remove the license plate number from the car of someone who violated traffic rules was removed from officials.

The long-awaited amendments to the Code of Administrative Offenses were adopted on September 17 of the same year by the State Duma of the Russian Federation in the third reading. On October 1, 2014, they were approved by the Federation Council.

Along with this amendment, another one was adopted, for a long time expected by drivers is the cancellation of administrative arrest in case of late payment of a fine. However, the bill is only valid in two cases:

  • If the violation was recorded by automatic recording cameras.
  • If the fine was sent by mail to the place of registration, but the driver, due to objective reasons, could not be aware of the presence of the document in his mailbox - he was away, living at the place of temporary registration, etc.

The essence of the legislative act

Removing license plates from a car was not an independent means of punishing a negligent driver. This was in addition to paying them administrative fine. This measure was introduced for three main offenses:

  • Driving a car when you have no money driver's license.
  • Glass tinting.
  • Expired MTPL policy.

Those drivers who, at the time of the entry into force of the ban on removing license plates, were deprived of their license plates due to seizure by traffic police officers, could receive their property back within 6 weeks after the entry into force of the legislative act. After this period, the numbers for which the owners did not show up were disposed of.

Reasons for the adoption of the law

The law on removing license plates from cars was adopted for a number of reasons:

  • The long struggle of motorists for the adoption of this bill.
  • The development of modern technologies - today, in just a couple of minutes, an employee can find out from the license plate of a vehicle whether there is a ban on driving it.
  • The corruption issue - leaving the number or removing it as an additional measure to the imposition of a fine was decided by a specific traffic police officer. What could be a fertile field for corruption to flourish.
  • On October 15, 2013, a bill was introduced into force that allowed drivers to issue an unlimited number of duplicate license plates for their cars. Accordingly, nothing prevented an unscrupulous car owner from ordering and installing a duplicate in return for the seized one and driving for his own pleasure until a new meeting with the inspector.
  • Under the old law, drivers were afraid of having their license plate removed rather than being fined. Therefore, the law banning the removal of license plates could allow an increase in the amount of penalties for the violating driver if, after its introduction, the number of violations across the country increases. What is a beneficial moment for state budget countries.

Tightening

The cancellation of license plate removal also led to tougher penalties for drivers. For example:

  • Increase in the amount of fines for driving without a license, with tinted windows, without/with an expired compulsory insurance policy.
  • Tightening sanctions for hiding your license plate from surveillance cameras. “Curtains” and other devices that block at least one character in a room are “outlawed” today.
  • An amendment was adopted allowing traffic police officers to conduct alcohol testing without the presence of witnesses. The latter can today be replaced by a video camera. By the way, the car owner is not prohibited from filming during this procedure.

An unfortunate amendment was also introduced for owners of technical inspection stations. If it is discovered that the data in diagnostic card the vehicle is incorrect, falsified, the maintenance procedure was carried out in violation of legal requirements, then the owner of the unscrupulous station must pay a fine of 300 thousand rubles.

How it happened: procedure algorithm

Let's remember the times before the lifting of state restrictions was cancelled. numbers. Until 2014, the ban on operating a car was regulated by Art. 27.13 (part 2) of the Code of Administrative Offenses of the Russian Federation. The procedure looked like this:

  1. If a traffic police officer determined that the vehicle was impossible or dangerous to continue operating, he was authorized to personally remove the registration numbers from the vehicle.
  2. In this case, a protocol was necessarily drawn up, which necessarily indicated the procedure performed.
  3. The right to operate the car and, accordingly, the license plate was returned to the driver once the reasons for the ban, prescribed by the traffic police officer, were eliminated.

What could be a sufficient basis for the decision of the traffic policeman? The Code of Administrative Offenses noted the following:

  • Malfunctions of the steering, braking system, coupling devices.
  • Installation of non-standard lighting devices or color graphics for special vehicles, taxis on a personal vehicle.
  • Incorrectly functioning headlights.
  • Tinting of viewing glasses.
  • Illegal installation of flashing lights and taxi lights.
  • Expired, invalid MTPL policy or lack thereof.
  • Lack of identification symbols on the car.

Let's look at the offenses in more detail.

Lack of identification marks

How can you confiscate numbers that, in principle, do not exist? Let's explain the situation. The following points were covered by the law:

  • Temporary or permanent ones are present in the car, but are installed where this is not required by law. For example, owners of new cars sinned by simply placing a plate with the number behind the windshield and/or trunk glass.
  • The registration number contains objects or devices that completely or partially interfere with its identification.

There were exceptions only for motorists who had recently purchased their vehicle: by law, it can be registered within 10 days after purchase.

Installation of lighting, sound circuits and devices

The ban applied to everything we listed above. After canceling the removal of license plates, the driver will only face a fine for these violations. Moreover, an employee can only impose it on a car he has stopped, and not on a parked car.

The details are as follows (valid both today and until 2014):

  • On the front of the car there are devices in colors that are not included in this spectrum: white, yellow, light orange (not close to red). Decorative installations are also subject to violations. Now and until 2014, lighting devices will be confiscated, the driver will be fined and deprived of his license for up to 1 year.
  • If flashing lights are installed on the car, then the inspector is obliged to confiscate them, issue a fine to the car owner and deprive the latter of his rights for 12-18 months. But if the car was stopped during a “show of light”, then the period of deprivation of a driver’s license is extended to 1.5-2 years.
  • Then and now, only operational services are allowed to apply color schemes on the sides of vehicles. For ordinary drivers, this threatens to deprive them of their license for 1-1.5 years.

Tinted glass

If the light transmission of the car windows is insufficient, then since 2012 the inspector has the authority to arrest such a vehicle, impose a fine, and confiscate the license plate. In 2017, the cancellation of number removal also applies to this case.

Invalid OSAGO policy

A traffic police officer has the right to prohibit the operation of a car in the following cases:

  • Lack of MTPL policy.
  • This document is overdue.
  • Violation of the vehicle operating rules specified in the policy.

Technical problem

A traffic police inspector has the authority to deprive a vehicle owner of the right to drive a car that has significant defects that could lead to an emergency. After canceling the removal of license plates, the car is sent to impound parking, a fine is imposed on the driver. The right to operate the vehicle is restored after the malfunction is completely eliminated.

Return of license plate

Before the law came into force, the driver could prevent the license plate from being withdrawn in one way - to immediately eliminate the reason that the inspector identified. For example, remove tinting or a light fixture. In other cases, the license plate was confiscated, and the driver was given a day to eliminate the source of the problem. If it was not resolved during this time, the car was subject to arrest, in addition to the ban on operation. The number was returned after the reasons for this penalty were completely eliminated.

The adoption of a law banning the removal of license plates by traffic police officers was a long-awaited event for owners in 2014. Although it entailed the tightening of other penalties, this phenomenon is still regarded as a progressive step by the state.

For serious violation of the rules traffic in some cases, the driver could lose his license plate. If previously traffic police inspectors had the right to remove the number, now this has been abolished. This decision was made by Vladimir Putin, who signed a decree that imposed a corresponding ban on inspectors. However, it is worth noting that this practice is rarely used. So we can assume that this decree simply removed an unpopular form of punishment. But for some serious cases of traffic violations, a motorist can still face severe punishment. For example, the right of a traffic inspector to impose a ban on the use vehicle still remains with the traffic police.

Why can you lose your license plate?

Removal license plates can be carried out in several cases. Firstly, such a decision can only be made and implemented by a competent government body. Secondly, such a desire can be expressed by the driver himself, who can provide a compelling reason.

Until recently, the decision of the traffic police was considered a priority in this matter. They were guided by a whole list of legal acts. The driver could lose his state registration number due to driving in drunk, creating dangerous situations on the road, as well as illegal tinting of windows.

However, then a practice emerged in which drivers lost their registration plates for no reason. Similar actions were carried out by criminals who demanded ransom for “thieves” numbers. To do this, they only had to roll up the sign while the owner of the car was away and leave the details for him. Previously, stolen license plates were restored only in traffic police departments, but after that the production process was allowed to private organizations. This innovation simplified the process of obtaining a license plate even in the event of theft or seizure by traffic inspectors. In this regard, both procedures seem pointless, and as for the dismantling of license plates as a means of punishment, it has been cancelled.

The legal information portal reported this on September 15. A presidential decree was published there, according to which the removal of license plates by traffic inspectors is prohibited. The legal act came into force at the time of publication.

This decree took away the last rights from traffic police officers to dismantle license plates. The list of cases in which this was possible is in the second part of Article No. 27.13 of the Code of administrative offenses RF. Previously, the state registration plate could be withdrawn if the vehicle could not be operated. For example, this is an increased amount of exhaust or noise, abnormal sound or other sirens, lack of vehicle registration. A separate article adds that license plates could be removed if the car’s braking system is faulty during operation, or if the car has reflective elements or red lights.

In accordance with the decree of Vladimir Putin, all of the above situations can no longer lead to the withdrawal of the number. At the same time, traffic inspectors can still be guided by other legal acts, namely the Code of Administrative Offenses Russian Federation. These laws give employees the right to prohibit the operation of a car and other vehicles.

In this case, motorists can only eliminate the cause of the administrative penalty. It is worth noting that inaccuracies occur, due to which traffic police officers make unfair verdicts. Any decision can be challenged in court. If the case is completed successfully for the driver, he can extend the operation of the car. Experts remind that the legislative framework provides for a number of additional conditions that describe all situations that allow the resumption of use of a vehicle.

A driver who violates traffic rules may be subject to several types of penalties, including detention and a ban on operating the vehicle. In the first case, the car is sent to the impound lot, and in the second case, the traffic police officer removes the state registration plates (numbers) from the car. Both of these violations are simultaneously accompanied by the imposition of an administrative fine on the driver.

In what cases is it possible to prohibit the operation and detain a vehicle?

According to Article 27.13 of the Code of Administrative Offenses, license plates are removed in case of illegal installation of flashing lights and special signals, incorrect headlights or color schemes, absence or invalidity insurance policy OSAGO, installation of a taxi lamp and non-standard lighting devices, faulty brake system, clutch and steering, as well as when tinting car windows in excess of the established norm. If license plates are removed, the traffic police inspector must draw up a protocol on the administrative violation. From the moment the numbers are removed, a day is given to eliminate the violation. After this period, it is prohibited to use the machine.

A car can be sent to the impound lot for driving with faulty brakes, steering or clutch, lack of a driver's license and documents for the car, for driving while intoxicated, the driver's refusal to undergo a medical examination, illegal stopping or parking on the roadway. In these cases, a violation report is drawn up and the car is sent to a special parking lot on a tow truck.

What to do if the license plates have been removed or the car has been towed to the impound lot

In some cases, it is possible to avoid prohibiting the operation of a vehicle. For example, if you remove the tint film on site or fix a malfunction. If the license plates have been removed, the car can be used for 24 hours. During this time, you can safely drive to the parking lot or service station. Driving a vehicle is prohibited only if the brakes, clutch or steering are faulty. After the reason for the prohibition of operation has been eliminated, you need to contact the duty station of the area whose employees seized the license plates. Next, an application is drawn up with a request to issue the numbers back. If the license plates were taken in another region, then they can be sent along with the protocol to the place of registration of the vehicle.

You can also avoid evacuation of your car to a special parking lot by eliminating faults on site. If a car is detained because the driver does not have a license, you can ask your friends to bring documents to the place of detention. If you are deprived of the ability to drive due to drunkenness, you can transport the car with the help of another driver. If the car has already been taken to the impound lot, you need to call the city vehicle evacuation service and find out where the car was towed and which traffic police department you need to contact to return it.

After eliminating the reason for the detention, you must obtain permission to remove the car from the special parking lot. The permit is issued by the traffic police officer who carried out the arrest or by the unit on duty. After this you can pick up the car. You need to have the following documents with you: arrest report, license, vehicle documents, passport and permission to issue a car. Impound lots operate 24 hours a day, so you can pick up your car at any time.

Prohibition of operation and detention of a vehicle are among the most severe penalties for violating traffic rules. In addition to the removal of license plates and evacuation of the car to the impound area, deprivation of rights is also possible. So, for example, for illegal installation flashers can take away your license for a period of 12 to 18 months.

Vehicle owners should know why inspectors can remove license plates from their cars. In 2019, traffic police officers have a similar right. If the driver violates certain rules, then this measure may be applied to him. As a result, the person is fined, their license plates are removed and their license may be revoked. To prevent this from happening, first of all, you need to know in what cases such punishment is applied. Every driver should not violate traffic rules in order to avoid problems with the traffic police.

Causes

Number plates can be removed from a car only if they are required to do so. good reasons. The legislation specifies all cases when they have the right to apply this measure. Now let's look at the applicable penalties for violations.

Reasons for renting rooms:

  1. A person uses a machine that exceeds acceptable noise or emissions levels. A fine of 500 rubles was imposed.
  2. The vehicle has breakdowns in the brake or steering systems or the coupling device. In this case, the driver uses the car. In this case, you will be fined 500 rubles, and the faulty car will be towed to the impound lot.
  3. The established requirements for tinting have been violated. In this case, you will have to fix the problem and also pay 500 rubles for the violation.
  4. A person drives a car on which the state sign is installed in the wrong place. In this case, you will either be fined 5,000 rubles or have your driver’s license revoked for 3 months.
  5. Use of special-purpose sound and light devices, service color schemes. At the same time, a person does not have the right to do this, since the car does not belong, for example, to the police or ambulance. The traffic police has the right to fine you 5,000 rubles. In this case, illegal devices will be confiscated.
  6. Using headlights of the wrong color, we remind you that only white is allowed. The inspector can fine you 3,000 rubles and take away your license for a period of six months to a year.
  7. Illegal use of taxi lights. You will have to pay 5,000 rubles.
  8. The person does not have an MTPL insurance policy. As you know, all drivers should have it. They can be fined 500–800 rubles.

Separately, we note that all of the above reasons imply punishment in the form of removal of license plates, a fine, and in some cases, deprivation of rights from several months to two years. That is why you should not ignore the law if you do not want to get into an unpleasant situation.

Procedure for returning signs

People are often interested in how to avoid having their license plates removed. This possibility is not always available, but there are still cases when the use of this measure can be prevented. The reason for which you were fined must be eliminated. For example, remove the tint film or return the signs to the correct place. But in any case, you will have to pay a fine.

Some drivers who violate the law deliberately stick on a license plate or use non-standard nuts. They do this so that they simply cannot remove state signs. However, it should be understood that signs are considered the property of the state. Therefore, the traffic police inspector can remove them in any way, even if it means damaging the car.

If the number has already been taken away or the reason could not be eliminated on the spot, then you should think about returning it. Let us immediately note that from the moment this measure is applied, it is allowed to travel in a vehicle for no more than 24 hours. After this, you will no longer be able to drive a car.

Drivers who want to regain their license plates will first have to pay the fine and then eliminate the violation. Only after this can you contact the traffic police, where you can pick up your plates. After this, you will be able to use the vehicle again, and from now on you need to try not to violate traffic rules.

If the car was towed, and this happens when it is faulty, then you will have to go to the impound lot. You will need to return the car using a tow truck, for whose services you will have to pay.

A situation may arise when, for some reason, it is not possible to return the state sign in the usual way. At the same time, the driver eliminated the cause of the violation and paid a fine. After these actions, he still could not get his car decals. If a person is sure that the problem does not come from him, and that the traffic police officers are acting unlawfully, then he should file a complaint with the court. Everything will need to be provided Required documents, proving the driver is right. It is also advisable to take the help of a lawyer to increase your chances of winning your case. If a person manages to prove the illegality of the traffic police’s actions, then the license plate will be returned to him.

Traffic police officers will no longer be able to remove license plates from cars for a number of violations. Instead, increased fines will be applied as security for some violations of traffic rules, driving with tinting that does not meet the standards, illegal installation of special signals and color schemes of special services, taxis, driving without a compulsory motor liability insurance policy, faulty steering, braking system etc. (Article of the Administrative Code 12.4, 12.5 Part 2, 12.5 Part 3, 12.5 Part 31, 12.5 Part 4, 12.5 Part 41, 12.5 Part 5, 12.5 Part 6, 12.5 Part 7, 12.37 Part 1, 12.37 Part 2)

The amounts of new fines are not yet known, but they will be made public in the near future after discussion in the relevant State Duma committee.

According to the initiators of replacing withdrawals with higher fines, this should have a positive impact on the law-abiding behavior of drivers; they will be more afraid of large fines, which means this one is more effective.

And there are objective reasons for this:

Unscrupulous drivers now have another loophole they can use to circumvent some traffic violations. From October 15, car owners were allowed to make duplicate license plates; this became necessary due to the large number of thefts of the latter (due to the difficulty in restoring them, citizens had to pay scammers money for location information). However, some decided to use such relaxations to their advantage. Now drivers can get new license plates to replace the allegedly stolen ones from any licensed organizations that have the right to produce license plates. As it is not difficult to guess, car owners who violate the relevant Articles of Chapter 12 of the Administrative Code could make duplicates in advance and, when stopped by a traffic police officer and remove the license plates, hang up new ones and calmly continue driving the car.

Also, many questions were raised by the possibility of driving a car with the registration plates removed until the ban on the reasons for operating the vehicle is eliminated. The car owner can violate the day traffic rules without consequences for your wallet.

One of the authors of the changes, Vyacheslav Lysakov, recalled that the traffic police now has an electronic database of violations of traffic rules by drivers. With its help, a traffic police inspector can easily determine whether the owner of the car has previously been convicted of similar offenses (for example, driving without a compulsory motor liability insurance policy or with illegal tinting). In this case, even larger fines are quite possible, similar to the increased fines introduced this year for repeatedly running a red light, driving into oncoming traffic, significantly exceeding the speed limit, or repeatedly driving while intoxicated.

According to the head of the College of Legal Protection of Car Owners, Viktor Travin, it is good that the State Traffic Inspectorate has moved away from such a measure (removal of registration plates). Since it itself is archaic, this type of punishment does not exist in developed countries.

It is expected that new rules banning the removal of numbers may come into force in 2013.



THE BELL

There are those who read this news before you.
Subscribe to receive fresh articles.
Email
Name
Surname
How do you want to read The Bell?
No spam