Topic 25. Legal status and organization of the activities of the State Road Safety Inspectorate

36. Tasks and system of the State Road Safety Inspectorate (GIBDD) of the Ministry of Internal Affairs of Russia.

In accordance with the “Regulations on the State Road Safety Inspectorate of the Ministry of Internal Affairs of the Russian Federation”, the State Road Safety Inspectorate performs special control, supervisory and licensing functions in the field of road safety. The tasks, functions, duties and rights, as well as the system and structure of the traffic police are defined in the “Regulations on the State Inspectorate for Road Safety” dated June 15, 1998.

The main task of the State Road Safety Inspectorate (hereinafter referred to as the State Inspectorate) is to ensure compliance by legal entities, regardless of ownership and other organizations, officials and citizens of the Russian Federation, foreign citizens, stateless persons, with the legislation of the Russian Federation, other regulatory legal acts, rules of standards and technical standards on ensuring road safety, taking measures to prevent road accidents and reduce the severity of their consequences in order to protect the life, health and property of citizens, protect their rights and legitimate interests, as well as the interests of society and the state.

The State Inspectorate in its activities is guided by the Constitution of the Russian Federation, federal constitutional laws, the Federal Law of the Russian Federation “On Police”, the Code of Administrative Offenses of the Russian Federation, the Federal Law of the Russian Federation “On Road Safety”, other federal laws, decrees and orders of the President of the Russian Federation. Decrees and orders of the Government of the Russian Federation, regulatory legal acts of the Ministry of Internal Affairs of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation.

According to its legal status, the traffic police refers to special control bodies of state administration, endowed with powers that are state-imperious and supra-departmental in nature. In the system of internal affairs bodies, the traffic police is one of those bodies whose main purpose is to monitor the compliance of the state of objects under its jurisdiction with the provision that is enshrined in legal norms. For the traffic police is characteristic: organizational isolation, the possession of special powers, with a wide range of means of administrative coercion, as well as the right and obligation to participate in determining the legal regime of supervised objects.

Thus, as a federal governing body, the State Road Safety Inspectorate is an independent structural subdivision of the Ministry of Internal Affairs of the Russian Federation, heading the State Inspectorate system.

In order to fulfill the duties assigned to the State Inspectorate, it is granted the rights to:

– request and receive in the prescribed manner from organizations, regardless of the form of ownership and officials, information on their compliance with regulatory legal acts in the field of ensuring road safety, as well as explanations on the facts of their violation;

– give officials binding instructions to eliminate violations of regulatory legal acts in the field of road safety, and in case of failure to take the necessary measures on such instructions, bring the perpetrators to justice under the legislation of the Russian Federation. Instructions are given by the chief state traffic safety inspectors (in accordance with their competence) in writing, indicating the deadlines for providing information on the measures taken;

– participate in the development of draft laws and other regulatory legal acts in the field of road safety, make proposals for their improvement in the prescribed manner;

– prescribe or authorize the relevant organizations to install and remove technical means of traffic management;

– temporarily restrict or prohibit traffic, change its organization on certain sections of roads during mass events and in other cases in order to create the necessary conditions for the safe movement of vehicles and pedestrians, or if the use of vehicles threatens traffic safety, as well as on railway at crossings that do not meet the rules for keeping them in a safe condition for traffic, to prohibit or suspend repair and construction and other work on the roads, carried out in violation of the requirements of regulatory legal acts in the field of ensuring road safety;

– prohibit, in case of non-compliance with the requirements of regulatory legal acts in the field of road safety, the transportation of bulky, heavy or dangerous goods, as well as the movement of public transport along established routes;

– prohibit the operation of motor vehicles, trailers, tractors and other self-propelled vehicles in the presence of malfunctions and conditions, the list of which is approved by the Government of the Russian Federation, and trolleybuses and trams in the presence of malfunctions provided for by the relevant rules of technical operation.

– stop vehicles and check documents for the right to use and drive them, as well as documents for the vehicle and the cargo being transported, seize these documents in cases provided for by federal law;

– carry out, in accordance with the procedure established by the legislation of the Russian Federation, administrative detention and personal search of citizens who have committed an administrative offense. Inspect vehicles and cargo with the participation of drivers and citizens accompanying the cargo, inspect vehicles if it is suspected that they are used for illegal purposes;

– remove from driving vehicles persons in respect of whom there are sufficient grounds to believe that they are in a state of intoxication, as well as persons who do not have documents for the right to drive or use vehicles;

– conduct, in accordance with the procedure established by the legislation of the Russian Federation, an examination of persons suspected of committing a crime or an administrative offense that endangered road safety, in order to establish the fact of alcohol or drug intoxication, or send or deliver these persons to medical institutions, if the result of the examination is necessary to confirm or refute the fact of an offense or for an objective consideration of the case of an offense;

– carry out, in accordance with the legislation of the Russian Federation on administrative offenses, the detention of vehicles with their placement in specially designated places until the reasons for detention are eliminated;

– use in the prescribed manner special operational and technical means to identify and record violations of traffic rules, control the technical condition of vehicles and roads, forcibly stop vehicles, decipher tachograph readings;

– summon citizens and officials to the State Inspectorate on cases and materials in progress, receive from them the necessary explanations, certificates, documents (copies thereof);

– draw up protocols on administrative offenses, impose administrative penalties within their competence on officials and citizens who have committed an administrative offense;

– use for delivery to medical institutions of citizens in need of urgent medical care, for transportation of vehicles damaged in accidents, as well as in other cases provided for by the legislation of the Russian Federation, vehicles of enterprises, institutions, organizations, public associations and citizens, except for vehicles belonging to diplomatic, consular and other representations of foreign states, international organizations, and special purpose vehicles;

– to use freely for official purposes the means of communication belonging to legal entities and citizens;

– carry out in the prescribed manner the functions of the state customer assigned to the Ministry of Internal Affairs of the Russian Federation for the development and manufacture of technical means of monitoring compliance with traffic rules, emergency equipment used at the scene of a traffic accident in order to reduce the severity of its consequences, as well as other technical means, automated systems and devices that contribute to improving road safety;

– to carry out, in cooperation with state supervisory authorities, control over compliance by legal entities and citizens with the terms of licenses issued by the traffic police, demand from them the necessary information about the licensed activity and give them binding instructions within their competence;

– carry out, within its competence, the coordination of permits of local governments for the distribution of outdoor advertising on the streets (roads) of urban and rural settlements, and outside them – in the right of way and the roadside zone of highways;

– participate together with interested organizations and institutions in determining priority topics and areas of scientific research in the field of road safety, carry out their implementation in the prescribed manner, and also participate in the implementation of the State Inspectorate for Scientific Developments into practice;

— participate in the established manner in the work of international organizations on road safety issues, develop and implement, together with interested organizations, measures to ensure the fulfillment of the international obligations of the Russian Federation in this area.

Decisions, requirements and instructions of traffic police officials on issues within their competence are mandatory for legal entities, regardless of the form of ownership and other organizations, officials and citizens. The activities of the State Inspectorate are based on the principles of legality, humanism, respect for the rights and freedoms of man and citizen, and publicity.

The traffic police system is quite simple. It is headed by the Main Directorate for Road Safety of the Ministry of Internal Affairs of Russia. In the departments of the Ministry of Internal Affairs, the Main Internal Affairs Directorate, the Internal Affairs Directorate for the constituent entities of the Russian Federation, there are departments (departments) of the traffic police, in the territorial departments – departments (departments) of the traffic police. Similar structures have been created in closed administrative-territorial formations and at especially important and sensitive facilities, and in the system of the Ministry of Internal Affairs – research institutions of the State Inspectorate and their branches.

According to the order of the Ministry of Internal Affairs of Russia dated June 27, 2003 No. 486 “On the organizational and staffing of the State Road Safety Inspectorate”, the traffic police includes the following units: organizational and analytical, organizing the activities of the road patrol service; organizing the search for vehicles; administrative practice and inquiry; technical supervision; registration work, examination work; road inspection and traffic organization; control and preventive; statistical information; prompt response; licensing and permitting work; road safety promotion, etc.

The head of the Main Directorate for ensuring road safety of the traffic police of the Ministry of Internal Affairs of Russia, the heads of the traffic police of the departments of the Ministry of Internal Affairs, the Main Department of Internal Affairs, the Internal Affairs Directorate, the heads of the traffic police of the territorial departments are ex officio, respectively, the Chief State Traffic Safety Inspector of the Russian Federation, the chief state traffic safety inspectors of the constituent entities of the Russian Federation, districts, cities, districts in cities, and their deputies – deputy chief state inspectors of road safety.

The instructions and orders of the superior chief state traffic safety inspectors on issues of ensuring road safety are binding on the lower chief state traffic safety inspectors.

An important role in the system of the State Road Safety Inspectorate belongs to the subdivisions of the road patrol service (DPS). In accordance with the order of the Ministry of Internal Affairs of Russia “On the organization of the activities of combat units of the State Inspectorate for Road Safety of the Ministry of Internal Affairs of the Russian Federation” dated March 23, 2002 No. 263, they are formed in the form of combat units and report vertically to higher traffic police authorities (departments or departments, departments GIBDD ATC, the Ministry of Internal Affairs of the constituent entities of the Russian Federation), as well as horizontally – to the territorial internal affairs bodies (ATC, ROVD). Sometimes, as an exception, traffic police units have dual subordination: both to the leadership of the Central Internal Affairs Directorate, the Internal Affairs Directorate, and the traffic police. The composition of the combat units of the traffic police of the Ministry of Internal Affairs of Russia includes: units of the road patrol service of the traffic police; specialized units of the traffic police to ensure the safe and unimpeded passage of special-purpose vehicles.

37. The main duties of the traffic police of the Ministry of Internal Affairs of Russia.

The main duties of the State traffic inspectorate are to monitor compliance with traffic rules, as well as regulatory legal acts in the field of road safety, which establish the requirements:

– to the design, construction, reconstruction of roads, road structures, railway crossings, lines of urban electric transport;

– the operational condition and repair of roads, road structures, railway crossings, as well as the installation and operation of technical means of organizing traffic; the design and technical condition of motor vehicles in operation, trailers for them and items of their additional equipment; changing the design of motor vehicles and trailers registered with the State Inspectorate;

– transportation of heavy, dangerous and oversized cargo. The State Inspectorate for Road Safety of the Ministry of Internal Affairs of Russia also performs other duties:

– adoption of qualification exams for obtaining the right to drive motor vehicles, trams and trolleybuses, the issuance of driver’s licenses, as well as the coordination of training programs for drivers of motor vehicles;

– registration and accounting of motor vehicles and trailers for them, issuance of registration documents and state registration marks for registered motor vehicles and trailers for them;

– regulation of traffic, including with the use of technical means and automated systems, ensuring the organization of the movement of vehicles and pedestrians in places of emergency rescue operations and mass events;

– implementation of escort of vehicles in accordance with the established procedure;

– implementation of urgent actions at the scene of road accidents, including taking measures to evacuate people and provide them with first aid, as well as assistance in transporting damaged vehicles and protecting property left unattended;

– participation in activities to protect public order and ensure public safety;

— implementation in accordance with the legislation of the Russian Federation of proceedings on cases of administrative offenses;

—organization and carrying out, in the manner determined by the Ministry of Internal Affairs of the Russian Federation, work to search for stolen and stolen motor vehicles, as well as motor vehicles of road users who have fled the scene of traffic accidents;

— carrying out, in accordance with the legislation of the Russian Federation, an inquiry into cases of crimes against road safety and crimes related to the operation of vehicles;

—participation in the work of urban planning and technical councils, commissions for the commissioning of roads, road structures, railway crossings, urban electric transport lines, consideration of applications and issuance of relevant conclusions for the opening of regular public transport routes;

– studying traffic conditions, taking measures to improve the organization of the movement of vehicles and pedestrians, coordinating, in the prescribed manner, a project for organizing traffic in cities and on highways, training and retraining programs for road safety specialists;

– identifying the causes and conditions that contribute to the commission of traffic accidents, violations of traffic rules, other illegal actions that pose a threat to road safety, taking measures to eliminate them;

– development of proposals for improving road safety, including jointly with interested federal executive authorities, executive authorities of the constituent entities of the Russian Federation, local governments, legal entities and public associations;

– clarification of the legislation of the Russian Federation on road safety using the media, as well as its own publications, holding reviews, contests, competitions for this purpose, assisting the relevant executive authorities in organizing training of citizens in the rules of safe behavior on the roads, in promoting traffic rules ;

— issuance of permits to legal entities and individual entrepreneurs to carry out activities for the production of forms of driver’s licenses, state registration plates for vehicles, certificates-accounts and other special products necessary for the admission of vehicles and their drivers to participate in road traffic, the list of which is approved by the Government of the Russian Federation, as well as for the performance of work on the installation and maintenance of technical means of organizing traffic, maintaining a register of issued, suspended and canceled permits;

– issuance, in the manner determined by the Government of the Russian Federation, of permits for equipping motor vehicles with special light and sound signals, conditional identification marks, for participation in road traffic of vehicles carrying bulky and heavy cargo, as well as (within its competence) dangerous goods;

– implementation of state accounting of indicators of the state of road safety;

– keeping records of forms of driver’s licenses, state registration plates for vehicles, certificates-accounts and other special products necessary for the admission of vehicles and their drivers to participate in road traffic.

38. Forms and methods of traffic control traffic police traffic police.

The main burden for the implementation of traffic supervision lies with the road patrol service of the traffic police (DPS STSI). This service systematically monitors the compliance of the behavior of citizens using vehicles and roads with the requirements of the Rules of the Road, takes measures to prevent, detect and suppress offenses.

The activities of the traffic police for the supervision of traffic are regulated by the Manual on the Road Patrol Service of the State Inspectorate for Road Safety of the Ministry of Internal Affairs of the Russian Federation, approved by Order of the Ministry of Internal Affairs of the Russian Federation dated March 02, 2009 No. 185

The road patrol service of the traffic police, within the framework of traffic supervision, performs important functions to ensure road safety, such as the search for stolen and stolen vehicles, as well as vehicles whose drivers fled the scene of a traffic accident (RTA), conducting an inquiry into cases on crimes against traffic safety and operation of vehicles.

The forces of the road patrol service of the traffic police are consolidated into combat units: specialized regiments, separate battalions, companies, platoons of the road patrol service of the traffic police of the Ministry of Internal Affairs, the Main Department of Internal Affairs, the Internal Affairs Directorate, companies, platoons, groups of traffic police of the traffic police of the GROVD.

The most important ways of carrying out road patrol service include: traffic monitoring, control of road conditions, the technical condition of vehicles, the behavior of road users, the prevention and suppression of crimes and administrative offenses on the streets, roads and other public places, traffic regulation.

Observation, as one of the main methods of road patrol service, consists in assessing the condition of the road surface, traffic intensity of vehicles, etc. by traffic police officials. Based on the results of observation, other methods of ensuring road safety are used and places and forms of service are determined. Observation can be carried out with the help of technical means (satellite communications, radars, optical instruments, television monitors, other special equipment), as well as visually.

Under the control of the behavior of road users, the technical condition of vehicles and road conditions, we mean the collection and processing of information, prompt response to changes in the road situation, illegal behavior of drivers, pedestrians, and other road users.

Depending on the condition of the road, traffic intensity, the following applies:

– open control carried out by traffic police officials in uniform with special equipment on cars or motorcycles that have the appropriate color and equipment;

hidden control, carried out, as a rule, on ordinary cars without special coloring and identification marks, equipped with special means, radar, radio station, etc.;

mixed control used by inspectors in uniform and civilian clothes simultaneously on several vehicles, one of which has a regular color, while others have a special color.

The prevention of offenses of road users consists in influencing their behavior through the long-term presence of a traffic police inspector on a certain route, a section of heavy traffic, in places of mass events. The warning can be carried out both with the help of road signs, special gestures or signals, and with the help of an oral appeal to drivers and pedestrians through a loudspeaker. Recently, in some regions, in order to prevent accidents, traffic police units began to use models of cars with a special color, which are installed and then moved after a certain time to other sections of the road.

The suppression of illegal actions consists in the application by the traffic police inspector of administrative coercion measures to the violator of traffic rules in order to prevent traffic accidents and bring the perpetrators to administrative responsibility.

The essence of the regulation (organization) of traffic is to recommend, oblige or prohibit road users to perform certain actions in the interests of ensuring a certain speed and traffic safety. Traffic regulation is carried out by means of administrative actions (gestures) of the traffic police inspectors, as well as with the help of road signs, signs, traffic lights and various control systems for them, roadway markings, and the appropriate arrangement of streets and roads. The functions of the customer for the development, manufacture and installation of technical means of organizing traffic are performed by the traffic organization and traffic police departments.

The main forms of traffic supervision are foot patrols, patrols on cars, motorcycles, helicopters, serving at stationary posts, police checkpoints, checkpoints, special traffic police posts, the use of automatic traffic control devices and recording offenses. It is the DPS traffic police that is the main force influencing violators of the Rules of the Road.

Foot patrols are widely used in cities and other settlements to control heavy traffic, especially effective on small and dangerous road sections.

Automobile patrol is one of the most effective forms of road patrol service. Thanks to the special coloring, flashing beacons and sound-amplifying installations, the auto patrol is easily identified in the traffic flow, which allows it to control a long section of the road at high speed. In addition, he can promptly provide assistance to foot units,, if necessary, pursue offenders, stop the illegal actions of drivers and pedestrians, accompany motorcades, etc.

Patrol on motorcycles is used much less frequently than auto patrol and is used mainly in rural areas, as it is inferior to the latter in terms of efficiency due to the need to use special equipment, difficulty in operation, low dynamic qualities, etc.

Road patrol service by helicopter and other aircraft is carried out, as a rule, in large cities and districts of the region, on federal and republican roads in close cooperation with foot and car patrols. This allows you to control traffic over large areas. At the same time, the tasks of escorting special-purpose vehicles and motorcades, the movement of operational-investigative groups and the provision of emergency medical care to victims of road accidents, the search for stolen and stolen vehicles, vehicles that fled the scene of traffic accidents, and ensuring the safety of mass events and etc.

The service of combat units of the traffic police at stationary posts is carried out in accordance with the order of the Ministry of Internal Affairs of Russia dated September 4, 2003 No. 705 “On stationary posts of the State Inspectorate for Road Safety of the Ministry of Internal Affairs of the Russian Federation”.

A stationary post is any permanent or temporary structure intended to carry out road patrol service on a certain section of a road or street.

According to the Manual and other current regulatory legal acts, it is in these points that various checks of vehicles and documents are carried out, which drivers are required to have with them in accordance with the Rules of the Road.

The manual allows traffic police officers to offer the driver to get out of the vehicle only to eliminate a technical malfunction; reconciliation of unit numbers with records in documents; inspection of the vehicle; participation of the driver in the preparation of the necessary documents or assistance to other road users; verification of the suspicion that the driver is in a state of intoxication or that he or the passengers are involved in the commission of a crime. The instruction, in addition, obliges traffic police officers to detain vehicles ‘in which there are persons who have committed crimes; persons who fled the scene of a traffic accident; whose drivers endanger the lives of others or do not comply with the demands of police officers to stop.

On the basis of stationary posts, police checkpoints and their other varieties (checkpoints, special traffic police posts) can be created.

Automated control systems (ACS), which can document a large number of vehicles crossing the borders of fixed posts, districts or settlements, are of great help in tracing stolen cars, preventing and suppressing violations of established rules of conduct on the roads.

39. Organization of registration of traffic accidents in the traffic police of the Ministry of Internal Affairs of Russia.

In accordance with the Rules for recording road accidents, approved by Decree of the Government of the Russian Federation N 647 dated 06/29/95 and Order of the Ministry of Transport of the Russian Federation N 22 dated 04/02/96, vehicle owners are required to keep a record of road traffic accidents involving their vehicles, regardless of places of commission, their consequences and the driver’s guilt, according to approved forms. A complete and detailed analysis of accounting data and the results of an internal investigation helps to identify the causes and conditions of road accidents, allows you to develop a set of the most effective measures aimed at preventing them. Accounting for information about traffic accidents is kept in a special journal. Information about the accident that has occurred is stored for 3 years from the date of its commission.
The traffic accident log includes two sections:
Section 1 – Information on traffic accidents subject to reconciliation with the territorial bodies of internal affairs.
Section 2 – Information about traffic accidents to be revealed in the course of an internal investigation.
Accounting and analysis of traffic accidents is carried out by a specialist responsible for ensuring traffic safety in a transportation organization.
Vehicle owners monthly check with the territorial bodies of internal affairs (STSI) information about traffic accidents involving vehicles belonging to them (section 1).

RECOMMENDATIONS
ON COMPLETING THE FORM OF ACCOUNT OF ROAD AND TRANSPORT
ACCIDENTS BY VEHICLE OWNERS

1. General Provisions

The owners of vehicles, according to the Rules for Recording Road Accidents, are legal entities, regardless of the form of ownership, that are owners of vehicles or use or dispose of vehicles in the prescribed manner.
Information about traffic accidents to be recorded by vehicle owners is divided into two components, presented in sections 1 and 2, respectively. 18 of the Rules for Recording Road Accidents), are highlighted in section 1, and internal information to be clarified in the process of conducting an official investigation in the organization – in section 2.
The columns of sections 1 and 2 are filled in with text and numbers.

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