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- Ruble turn: the right to issue fines for all traffic violations is being asked to return to the traffic police
Ruble turn: the right to issue fines for all traffic violations is being asked to return to the traffic police
Queues at gas stations have resulted in not only a waste of time for drivers, but also fines that are difficult to dispute. The National Automobile Union (NAS) believes that the problem can be solved by transferring to the State Traffic Inspectorate the authority to issue all sanctions for traffic violations. The organization has sent a corresponding appeal to the government. Why it is difficult for motorists to achieve the cancellation of such regulations, why they propose to change the current procedure and what risks experts see — in the Izvestia article.
What do drivers get fined for at gas stations?
The reason for the appeal was cases when drivers who were waiting for a gas station were held accountable for stopping in the wrong place. As we told Izvestia, in some regions such decisions are made not by employees of the State Traffic Inspectorate, but by local structures, which makes it more difficult to achieve their cancellation.
In difficult times, responsible persons should be guided not only by the letter of the law, but also by its spirit.
— It is clear that stopping and parking in the wrong place can interfere with other road users, — said Anton Shaparin, NAS Vice President. — But now drivers are not voluntarily spending time in queues, this is a forced situation caused by extreme necessity.
The Interior Ministry said it would cancel fines imposed due to queues at gas stations, Irina Volk, an official representative of the Russian Interior Ministry, said on the Telegram channel.
"In the case of appeals from citizens who have been ordered to impose administrative penalties for similar traffic offenses, for each such decision, decisions will be made in all regional departments of the State Traffic Inspectorate of the Ministry of Internal Affairs of Russia to cancel them, taking into account the insignificance of the offense committed or the actions of the driver in an emergency," she wrote.
In this regard, NAS sent a letter to the government (Izvestia has it) with a request to return the authority to issue fines for all violations of the State Traffic Inspectorate.
"Drivers who are forced to queue for fuel have in some cases been fined by such organizations that refuse to cancel these unfair fines, are not ready to take into account the unprecedented situation and the fact that violations of legal requirements were committed by drivers in a state of extreme necessity," the document says.
According to Anton Shaparin, this measure will help to achieve the unity of law enforcement in Russia, reduce social tension and increase the level of control of the federal authorities over the organization of traffic.
"We need to restore the unity of the legal field and law enforcement: regional and local authorities can collect photo and video recording materials, but decisions on the imposition of fines should be made only by Interior Ministry employees," he said. — In addition, it's time to stop dividing the legal field: in some areas, they introduce certain fines that drivers from other regions of the country do not even know about, and create new structures that impose fines.
Another problem, according to Anton Shaparin, is that it is difficult for drivers to figure out which agency reviews complaints about fines and decides whether to cancel them. We believe that this functionality should be transferred to the State Traffic Inspectorate in order to ensure uniform rules for the application of legislation in all regions.
Izvestia sent a request to the government with a request to confirm receipt of the letter, as well as to the Interior Ministry and MADI to evaluate the proposed changes. An editorial source in the Cabinet of Ministers informed about the receipt of the appeal.
Is it worth returning all fines to the traffic police
The State Traffic Inspectorate should return the functions that the agency has lost recently, says Maxim Kadakov, editor-in-chief of Za Rulem magazine. He recalled that the Ministry of Internal Affairs, according to the Road Safety Strategy signed by the President of Russia last fall, is the ministry in charge of work in this area.
— I am convinced that all fines for traffic violations should be in one department — the State Traffic Inspectorate, — he noted. — Given the shortage of personnel in the Ministry of Internal Affairs, it is clear that an inspector cannot be placed near each pillar. Yes, this is not required — there are cameras, there are inspectors of regional structures who are now finalizing fines in some regions for a number of traffic violations. Let them continue to record the fact of the violation and transmit this data to the State Traffic Inspectorate.
However, according to Maxim Kadakov, it is up to a police officer to decide whether to impose penalties for traffic violations. This will greatly simplify the procedure for appealing such decisions — a driver from any region will know that in such matters it is necessary to contact the State Traffic Inspectorate, rather than find out which agency issued the fine.
— It is the State Traffic Inspectorate that should have the "last word" in matters of traffic management, — the expert emphasized. — Their opinion should be decisive: whether it is the installation of a traffic light, the creation of a pedestrian crossing, the general scheme of traffic management, including the speed limit.
At the same time, the regions can leave the consideration of violations unrelated to traffic safety, such as parking on the lawn or violation of the rules for paying for parking or travel, he believes.
— It's probably not worth involving the State Traffic Inspectorate in these matters, — Maxim Kadakov noted.
The transfer of authority to the State Traffic Inspectorate to issue all fines for traffic violations, at least, deserves serious attention and discussion, said Valery Soldunov, a member of the Public Chamber and chairman of the All-Russian Society of Motorists.
— The approach to fines for traffic violations, of course, should be uniform, — he said. — But it is necessary to approach the solution of this issue as carefully and comprehensively as possible, with a thorough discussion, including involving public organizations, of all possible mechanisms for the implementation of this proposal.
What are the risks?
Sergey Radko, a lawyer for the Freedom of Choice movement, considers the idea of a National Automobile Union to be sound, but difficult to implement.
— To do this, we will have to make serious amendments to the Administrative Code, the regions are likely to be against such changes, — the lawyer believes.
Sergey Radko noted that different procedures for issuing fines in regions for the same violations often create difficulties for motorists when appealing against them. Because of this, drivers do not always have time to challenge the charge within the ten-day period prescribed by law.
— The problem can be solved relatively simply: an agency that receives a complaint from the wrong address should send it to the body that issued the decision, rather than returning it to the driver. A similar procedure is already used in courts when a citizen files a claim or complaint about a violation of the rules of jurisdiction," said Sergey Radko.
Igor Morzharetto, an auto expert and partner at the Autostat analytical agency, doubts the expediency of our proposed initiative. In his opinion, it can destroy the working scheme of bringing traffic violators to justice.
— The mechanism with the division of functions for issuing fines for a number of violations between the Ministry of Internal Affairs and regional authorities is working. Yes, there are certain distortions, but in general, the scheme has shown its viability. I don't see any point in changing this practice," Igor Morzharetto told Izvestia.
According to him, in the regions where such a mechanism operates, there are fewer cars left in violation of the rules of stopping and parking, which indicates its effectiveness.
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