For many drivers who have recently obtained a license, it seems quite unbelievable that once, for the commission of an offense, traffic police were authorized to strip their state vehicle numbers. Car owners with more impressive experience still remember this "caveman" relic of administrative law - the law on the removal of numbers. Let's refresh in memory when and why it was canceled, for which we were appointed, what were its specific manifestations.
The adoption of the law on the abolition of the removal of numbers
The law, which many car owners were waiting for, entered into force in the fall of 2014 - November 15. From this day, the authority to remove a license plate number from a car that violated traffic rules was removed from the duties of police officers .
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. October 1, 2014 they were approved by the Federation Council.
Along with this amendment, another one, long expected by drivers, was adopted - the cancellation of administrative arrest in case of delay in payment of the fine. However, the bill is valid only in two cases:
- If the violation was recorded by autofixation cameras.
- If a fine was sent by mail to the place of registration, but the driver, for objective reasons, could not be aware of the availability of the document in his inbox, he was away, he lived at the place of temporary registration, etc.
The essence of the legislative act
Removing numbers from a car was not an independent means of punishing a negligent driver. This was in addition to paying him an administrative fine. This measure was introduced for three main offenses:
- Driving a car without a driver’s license.
- Glass tinting.
- Expired CTP policy.
Those drivers who, at the time of the entry into force of the ban on the removal of numbers, were deprived of the latter 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 appear were disposed of.
Reasons for adopting the law
The law on the removal of numbers from the car was adopted for several 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 vehicle's license plate whether a ban has been established on his driving.
- Corruption moment - to leave the number or remove it as an additional measure to impose 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 that allowed drivers to draw up an unlimited number of duplicate state numbers on their car. Accordingly, nothing prevented an unscrupulous car owner from ordering to replace and seize a duplicate and ride for pleasure until a new meeting with the inspector.
- Under the old law, the drivers were afraid of just removing the number, and not imposing a fine. Therefore, the law banning the removal of numbers could allow increasing the amount of penalties for the driver-violator if, after its introduction, the number of violations in the country increases. What is a beneficial moment for the state budget of the country.
Toughening
The cancellation of the removal of numbers also led to the tightening of other penalties for drivers. For example:
- Change in the amount of the fine for a ride without a license, with tinted windows, without / with an expired compulsory insurance policy up.
- Toughening sanctions for hiding your caller ID from surveillance cameras. "Curtains" and other devices that block at least one character in the number, today "outlawed".
- An amendment was adopted allowing traffic police officers to conduct an alcohol test without the presence of witnesses. The latter can be replaced today by a camcorder. Videography, by the way, is not prohibited during this procedure and the car owner.
A joyless amendment was also introduced for owners of inspection stations. If it was revealed that the data in the diagnostic card of the car is incorrect, falsified, the maintenance procedure was carried out in violation of the requirements of the law, then the owner of an unscrupulous station must pay a fine of 300 thousand rubles.
How it was: procedure algorithm
Let's remember the time before the cancellation of the state. numbers. Until 2014, the ban on the operation of cars was regulated by Art. 27.13 (part 2) of the Code of Administrative Offenses of the Russian Federation. The procedure looked like this:
- If the traffic police found that the vehicle is impossible or dangerous to operate further, he was authorized to twist the registration numbers from the car with his own hands.
- At the same time, a protocol was compiled without fail, where the procedure was necessarily indicated.
- The right to operate the car and, accordingly, the license plate was returned to the driver upon elimination of the reasons for the ban prescribed by the traffic police.
What could be a sufficient basis for the decision of the traffic policeman? CAO noted the following:
- Malfunctions of a steering, brake system, coupling devices.
- Installation of non-standard lighting devices or colorographic schemes of special vehicles, taxis on a personal vehicle.
- Incorrectly functioning headlights.
- Tinting of sight glasses.
- Illegal installation of flashing lights, taxi flashlight.
- Expired, invalid insurance policy or lack thereof.
- Lack of car identification symbols.
We will analyze the offenses in more detail.
Lack of identification marks
How can you remove numbers, which, in principle, are not? Let’s explain the situation. The following points fell under the law:
- Temporary or permanent identification marks are present in the machine, but are installed where it is not prescribed by law. For example, the owners of new cars sinned by simply putting a plate with a number behind the windshield and / or luggage glass.
- On the registration number are items, devices that completely or partially interfere with its identification.
Exceptions were only for motorists who recently bought their vehicle: according to the law, it can be registered within 10 days after the acquisition.
Installation of light, sound circuits and devices
The ban concerned everything that we listed above. After canceling the removal of numbers, the driver faces only a fine for these violations. Moreover, his employee can impose only on him stopped, and not on a parked car.
The particulars are as follows (valid today, and until 2014):
- On the front of the car there are devices of colors that are not included in this spectrum: white, yellow, light orange (not close to red). Violations also include decorative installations. Now and until 2014, light devices are confiscated, a fine is issued to the driver and deprivation of rights for up to 1 year.
- If emergency lights are installed on the machine, the inspector must confiscate them, write a fine to the car owner and deprive the latter of his rights for 12-18 months. But if the car was stopped during the "light presentation", then the term of deprivation of the driver’s license is extended to 1.5-2 years.
- Color schemes, then and now, are allowed to be applied to the sides of a car only to operational services. For ordinary drivers, this threatens with a deprivation of rights for 1-1.5 years.
Tinted glass
If the transparency of car windows is insufficient, then since 2012 the inspector was authorized to arrest such a vehicle, impose a fine, confiscate a license plate number. In 2017, cancellation of the removal of numbers is also valid for this case.
Invalid CTP policy
The traffic police officer has the right to prohibit the operation of a car in the following cases:
- The lack of insurance policy.
- Overdue of this document.
- Violation of the vehicle operating rules specified in the policy.
Technical malfunction
The traffic police inspector is authorized to deprive the vehicle owner of the right to drive a car that has significant malfunctions that could lead to an emergency. After canceling the removal of numbers, the car is sent to a penalty parking lot, a fine is imposed on the driver. The right to operate the vehicle is restored after the complete elimination of the malfunction.
Return of license plate
Before the law came into force, the driver could prevent the seizure of the number in one way - immediately eliminate the cause that the inspector identified. For example, remove tinting, light fixture. In other cases, the license plate number was seized, and the driver was given a day to eliminate the source of the problem. If it was not resolved during this time, an arrest was imposed on the car, in addition to the ban on operation. The number was returned after the full elimination of the reasons for this penalty.
The adoption of the law on the prohibition of the removal of numbers 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.