Finance. Taxes. Privileges. Tax deductions. State duty

5 of the Code of Administrative Offenses of the Russian Federation. Cancellation of an unjustified court decision made under part 3 of article 12.5 of the Code of Administrative Offenses of the Russian Federation Art 12.5 1 of the Code of Administrative Offenses of the Russian Federation

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This wording includes a wide range of violations associated with the presence of one or more defects that contradict the traffic rules themselves or their Basic Provisions:

  • using vehicles with hidden, fake or deliberately altered license plates,
  • not included or missing headlights and taillights when driving in twilight, fog and darkness, windshield wipers not used in rain or snow,
  • any other malfunctions of the engine or other systems of the car, the presence of which makes it illegal to operate it. In such cases, the driver must immediately eliminate them, and if this is not possible, then you need to get to the nearest parking lot or repair shop with proper precautions and the included "emergency":

    1.the braking system does not guarantee the fixation of the vehicle on the required slope;

    2.adjusted not according to GOST or dirty headlights and light diffusers, the use of lamps that are not suitable for devices of this type, incorrect installation of flashing beacons, preventing their visibility, etc.);

    3. inoperative windshield wipers and washers;

    4. tires with worn out treads (for each type of transport there are separate standards for the permissible residual height of the pattern), external defects due to which the cord remains exposed, delamination, defects in fasteners. It is also prohibited to install different-sized tires, a combination of winter and summer tires, new and old, studded and non-studded tires;

    5. increased noise level and / or the percentage of toxic substances in the exhaust when the engine is running (these indicators are recorded in the relevant state standards), a malfunction of the power supply system or exhaust gases, as well as a violation of the tightness of the crankcase ventilation system;

    6. inappropriate quantity, location or class of rear-view mirrors;

    7. malfunction of the horn, door locks or locks of the cargo platform, inoperative seat adjusters, inoperative interior lighting devices, etc.

A complete list of malfunctions that can become subjects of the offense can be found in the traffic rules and their annexes. A driver or a person responsible for allowing the vehicle to operate is recognized as a violator.

The fine is RUB 500.

Control vehicle, on the front of which there are installed lighting devices with red lights or red reflective devices, as well as lighting devices, the color of the lights and the mode of operation of which do not meet the requirements of the Basic Provisions for the admission of vehicles to operation and the duties of safety officials road traffic, -

entails

WITHDRAWAL OF THE RIGHT OF MANAGEMENT

vehicles for a period

from 6 months to 1 year with the confiscation of the specified devices and devices.


2. In case of violations of the rules for operating a vehicle and driving a vehicle provided for by ... article 12.5 ... of this Code, the operation of the vehicle is prohibited, while the state registration plates must be removed until the reason for the prohibition of operating the vehicle is removed. The vehicle is allowed to move ... to the place of elimination of the reason for the prohibition of the use of the vehicle, but not more than within 24 hours from the moment the vehicle is prohibited from operating. (dated 25.12.12 N252-FZ)

& nbsp - & nbsp The list of faults and conditions under which the operation of the vehicle is prohibited (Appendix to the Basic Provisions)

3.1. The number, type, color, location and mode of operation of external lighting devices do not meet the requirements of the vehicle design.

Note. On vehicles out of production, it is allowed to install external lighting devices from vehicles of other brands and models.

3.6. The vehicle is equipped with:

in front - lighting devices with lights of any color other than white, yellow or orange, and reflective devices of any color other than white;

behind - reversing lights and state lighting. reg. signs with lights of any color other than white, and other lighting devices with lights of any color other than red, yellow or orange, as well as reflective devices of any color other than red.

- & nbsp Calculation of the term of deprivation of a special right. (Article 32.7 of the Administrative Code)

1. The course of the period of deprivation ... begins from the date of entry into force of the decision ...

1.1. Within three working days from the date of entry into force of the resolution ... the person ... must submit the documents ... to the body executing this type administrative punishment..., and in case of loss of the specified documents, notify the specified authority within the same period. (Part 1.1 as amended by the Federal Law of 01.07.2010 N 145-FZ)

2. In case of evasion of the person ... from the delivery of the relevant certificate ... the period of deprivation ... is interrupted. The course of the period of deprivation ... begins from the day of delivery ... or seizure ... of the corresponding certificate ..., as well as the receipt by the body ... of the statement of the person about the loss of these documents. (as amended by Federal Law No. 145-FZ of 01.07.2010)

3. The course of the term of deprivation in the event that a person deprived of (previously) ... a punishment in the form of deprivation ... is assigned, begins on the day following the day of the end of the term ... applied earlier.

Judges only. (part 1 of article 23.1)

What should be - see “What is violated”.

What shouldn't be:

- red reflectors in the front (including on the screws securing the state registration sign);

- any non-red or yellow at the back, white at the front, blue and green lights and reflectors anywhere (including glowing caps on spools on wheels);

- diode edging (on the rear state registration plate - according to part 2 of article 12.2).

In other words, ANY lighting devices that are not on the vehicle according to the passport.

Part 1. General terms and concepts

Basis for vehicle inspection

Drivers, driving (TS) with the changes made to the design, traffic police inspectors can be held liable under Art. 12.5.1 Administrative Code of the Russian Federation.

Driving a vehicle in the presence of malfunctions or conditions under which, in accordance with the Basic Provisions for the Admission of Vehicles to Operation and the obligations of road safety officials, the operation of a vehicle is prohibited

How does the inspector know the design of your vehicle?

The inspector uses organoleptic methods and may doubt that the design of the vehicle corresponds to the standard one. He is not obliged to know anything.

Many vehicle models have a vehicle type approval certificate (OTTS) - this is a document confirming the compliance of the vehicle with the requirements adopted in the Russian Federation. It contains a description of the vehicle parameters, equipment items, and a schematic view of the vehicle. If the vehicle was not supplied to the Russian Federation or was released before 1999, then OTTS, most likely, will not exist. If there is no OTTS, then it is extremely difficult to prove the fact of making changes to the design.

Output: you need to find OTTS for your car and those elements that do not correspond to it, register as changes in the design of the vehicle.

What is a modification of the vehicle design?

The technical regulations (TR CU 018/2011) unambiguously define that only the installation (removal) of components not provided for by the design of the vehicle can be considered as making changes, and the safety of the design and the equipment of the vehicle is considered not at the time of release by the plant, but at the time of issuance of the PTS (release into circulation ).

In the event that a component listed in the OTTS has been replaced (for example, a bumper), the installed component has a certificate, the dimensions of the vehicle remain unchanged, then we can talk about refurbishment Vehicle, and not changes in the design of the vehicle.

Output: if you have certificates, it is useful to carry them with you, although you are not required to do so. You have repaired a car using certified components, and the inspector's task is to prove that the vehicle has been modified.

Part 2. Actions when stopping by the inspector under article 12.5.1. Code of Administrative Offenses

Option 1. You agree with the fact of an administrative offense. According to Art. 28.6.1 of the Administrative Offenses Code of the Russian Federation, the inspector has the right to issue a resolution on involving administrative responsibility directly at the scene of the offense

Consequences: fine of 500 rubles, removal of the vehicle from registration. The likelihood of challenging the inspector's actions is minimal. The vehicle must be restored to its original state.

Option 2. You disagree with the inspector. There is no OTTS for your vehicle, or there is a component in the OTTS that the inspector considers making changes to the design, but the appearance of your vehicle as a whole coincides with the diagram in the OTTS, and you think that this is a repair.

A driver challenging the fact of illegal actions may, on the basis of Art. 28.6.2 of the Code of Administrative Offenses of the Russian Federation to require the drawing up of a protocol on administrative offense and in this case, in accordance with article 29.5.1 of the Code of Administrative Offenses, a place for considering an administrative offense case and an administrative investigation is appointed. The case of an administrative offense is considered at the place of its commission. At the request of the person in respect of whom the proceedings are underway in the case of an administrative offense, the case may be considered at the place of residence of this person. Such a petition is only subject to motivated rejection. Position The Supreme Court RF - officials are obliged to transfer the case in accordance with the petition of the person involved, with the exception of cases provided for by Article 28.7.1 of the Code of Administrative Offenses of the Russian Federation. The term of the administrative investigation is no more than 30 days.

In the course of an administrative investigation, the burden of proof is imposed on executive... According to Art. 1.5.3 of the Code of Administrative Offenses of the Russian Federation, the person involved is not obliged to prove his innocence. Any doubts, in accordance with Article 1.5.4 of the Code of Administrative Offenses of the Russian Federation, should be interpreted in favor of the suspect in an administrative offense.

Output: the likelihood of protecting their rights is higher if a protocol on administrative responsibility is drawn up, an administrative investigation is scheduled and a case on bringing to administrative responsibility is brought into play with the involvement of evidence (technical expertise, requests to the manufacturer, requests to customs authorities, etc.) to establish the true circumstances of the incident. You have the right to submit your materials that confirm your position. Also, in this case, it simplifies the protection of their interests in court.

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For this gross violation a simple fine will not be enough, because xenon headlights literally blind drivers moving along oncoming lane, which in the dark can be a key factor in the occurrence of a dangerous situation on the road.

As for the red headlights, installed in the front, they mislead other road users. The regulation prescribes the installation of red brake lights on the rear of the vehicle body. Thus, their incorrect positioning at the front can be perceived by drivers as a signal from the rear lights, which can also provoke an accident.

If you are stopped by a police officer in a vehicle with xenon or red headlights in front, then lose your license for a period of 6 to 12 months and the illegal lights themselves will be confiscated. In this case, you will be allowed to drive a car to the place of elimination of the violation, if this path takes no more than 24 hours. Otherwise, the car will be confiscated.

Appendices to traffic rules contain a list of conventions and technical faults in which it is impossible to drive a vehicle. It clearly states the number, types and colors of headlights, their operating mode and location (depending on the type and design of the vehicle).

If your car has already been discontinued, then you can install models of lighting devices from other manufacturers, but they must also comply with the established standards and be correctly placed on the vehicle body.

Thus, if headlights and reflectors of any color other than white, yellow and orange are installed on the car, then this is considered illegal and becomes the subject of an offense under this part 3 of the article in question. The same applies to diode edging (for example, one of the most popular - along the contour of the rear or windshield).

The period of deprivation of rights begins from the moment the decision on the committed offense enters into force. You must submit your driver's license within 72 hours, and if the rights are lost, then notify about the loss of documents for the same 3 days. It is useless to evade - the countdown will start only from the next day after the delivery or withdrawal of the ID from you, as well as after the receipt of your application for the loss of rights.

If you have already driven a vehicle without a license, then in addition to committing another offense (driving without documents) you extend your deprivation period: a new one will start only after the expiration of the penalty already applied to you.

Do you think you are Russian? Born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is not true.

You are actually Russian, Ukrainian or Belarusian. But you think you are a Jew.

Game? Wrong word. The correct word is "imprinting".

The newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is characteristic of most living creatures with vision.

For the first few days, newborns in the USSR saw their mother for a minimum of feeding time, and most of the time they saw the faces of the maternity hospital staff. By a strange coincidence, they were (and still are) mostly Jewish. The reception is wild in its essence and effectiveness.

All your childhood you wondered why you live surrounded by non-native people. Rare Jews on your way could do anything with you, because you were drawn to them, and others were repelled. And even now they can.

You cannot fix this - imprinting is one-time and for life. It is difficult to understand this, the instinct took shape when you were still very far from the ability to formulate. Since that moment, no words or details have survived. Only facial features remained in the depths of my memory. Those traits that you consider to be your own.

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System and Observer

Let's define a system as an object, the existence of which is beyond doubt.

An observer of a system is an object that is not part of the system he observes, that is, it determines its existence, including through factors independent of the system.

From the point of view of the system, the observer is a source of chaos - both control actions and the consequences of observational measurements that do not have a causal relationship with the system.

An internal observer is a potentially achievable object for the system in relation to which inversion of observation and control channels is possible.

An external observer is even a potentially unreachable object for the system, located beyond the system's event horizon (spatial and temporal).

Hypothesis No. 1. All-seeing eye

Let's assume that our universe is a system and it has an external observer. Then observational measurements can occur, for example, with the help of "gravitational radiation" penetrating the universe from all sides from the outside. The capture cross-section of "gravitational radiation" is proportional to the mass of the object, and the projection of the "shadow" from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of objects and inversely proportional to the distance between them, which determines the density of the "shadow".

The capture of "gravitational radiation" by an object increases its chaos and is perceived by us as the passage of time. An object that is opaque for "gravitational radiation", the capture cross section of which is larger than the geometric size, looks like a black hole inside the universe.

Hypothesis No. 2. Inner Observer

It is possible that our universe is observing itself. For example, with the help of pairs of quantum entangled particles spaced apart in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, reaching the maximum density at the intersection of the trajectories of these particles. The existence of these particles also means that there is no sufficiently large capture cross section on the trajectories of objects to absorb these particles. The rest of the assumptions remain the same as for the first hypothesis, except:

Time flow

Outside observation of an object approaching the event horizon of a black hole, if the “external observer” is the determining factor of time in the universe, will slow down exactly twice - the black hole's shadow will block exactly half of the possible trajectories of “gravitational radiation”. If the “inner observer” is the determining factor, then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for a view from the side.

Also, the possibility of combining these hypotheses in one proportion or another is not excluded.