1. Control of the vehicle in the presence of faults or conditions under which in accordance with the main provisions for admission vehicle To operate and responsibilities for security officials road Operation of the vehicle is prohibited, with the exception of faults and conditions specified in parts 2 - 7 of this article -
warning entails or overlay administrative fine in the amount of five hundred rubles.
2. Managing the vehicle with a deliberately faulty brake system (with the exception of the parking brake), steering or coupling device (as part of the train) -
3. The control of the vehicle, on the front of which light-controlled lights with lights of red or retroreflective devices of red, and equal to the lights, the color of the lights and the operating mode of which do not meet the requirements of the main provisions for the access of vehicles to the operation and responsibilities of officials ensuring road safety, -
it entails the deprivation of the right to control vehicles for a period of six months to one year with the confiscation of these devices and devices.
3.1. The control of the vehicle on which the glass is installed (including covered with transparent color films), which does not meet the requirements of the technical regulations on the safety of wheeled vehicles -
entails the imposition of an administrative fine in the amount of five hundred rubles.
4. The control of the vehicle on which, without the appropriate permission, devices are installed to feed special light or audible signals (with the exception of security alarm), -
the deprivation of the right to manage vehicles for a period of one year to one and a half years with the confiscation of these devices.
4.1. Managing the vehicle on which an identically established lantern of a passenger taxi or an identifying sign "Disabled", -
the imposition of an administrative fine on the driver in the amount of five thousand rubles with the confiscation of the subject of an administrative offense.
5. Use when moving vehicle devices for feeding special light or sound signals (with the exception of security alarms) installed without the appropriate permission -
the deprivation of the right to control vehicles for a period of one and a half to two years with the confiscation of these devices.
6. Control of the vehicle, on the outer surfaces of which are illegally applied special color photographic schemes of cars of operational services, -
it entails deprivation of the right to manage vehicles for a period of one year to one and a half years.
7. Transportation of the vehicle, which is illegally applied to the color of the passenger taxi, -
it entails the imposition of an administrative fine on the driver in the amount of five thousand rubles.
The provisions of Article 12.5 of the Administrative Code of the Russian Federation are used in the following articles:- Judges
- Internal Affairs Authorities (Police)
- Military car inspection
- Removal from the management of a vehicle, examination on the state of alcohol intoxication and medical examination of intoxication
1. The person who controls the vehicle of the relevant type and in respect of which there is sufficient reason to believe that this person is in a state of intoxication, as well as persons who committed administrative offenses, provided for in parts 2 and 3 of Article 11.8, part 1 of Article 11.8.1, Part 1 of Article 12.3, part 2 of Article 12.5, parts 1 and 2 of Article 12.7 of the Administrative Code of the Russian Federation, are subject to removal from the vehicle management before eliminating the cause of the removal.
For what reason the traffic police inspectors may find fault by the driver, which tricks use to fix the imaginary violation and make a protocol, is written enough. But nothing stands in place.
The list of "divorces", which have already become a classic, such as a fine for unclosed belt And so on, another one was added, an unknown person was driving - driving a car on which gas-discharge lamps are installed, but the operation of which on this car is not structurally provided.
Or, speaking legal language, "Vehicle management, on the front of which light instruments are installed with red lights or retroreflective devices of red, and equal to light devices, the color of the lights and the operation mode of which do not meet the requirements of the main provisions for the access of vehicles and duties of officers to ensure road safety. " The sanction for this offense is quite strict - deprivation of the right to manage vehicles for a period of six months to one year with confiscation of these devices and devices.
But at the same time, the presence of gas-discharge lamps installed on the car is not yet a reason for drawing up the protocol and the application of these sanctions. Because there is one nuance. The presence of such lamps should interfere with the participants in the road.
But it is precisely this circumstance - already outside the reasonable perception of a person who is authorized to carry out traffic control. The main thing for him is to establish their presence, and further - boldly draw up a protocol.
The essence of history.
Bought a citizen car. I went to her pleasure for half a year, until the day of broad daylight did not stop him on the track in the Vladimir region, the traffic police inspector. Without introducing himself, without explaining the reason for the stop, I demanded the right, documents for the car, and then climbed with a partner to look under the hood, what's there under the hood of the car is interesting? And it is necessary - here it is, happiness, progress under the hood on the sides of the two installed gas discharge lamps and the ignition unit. Accordingly, the software protocol. And that the inspection conducted without the presence of witnesses - so no problems - stopped someone, past the necessary, and the necessary signatures in stock. And it does not matter that a citizen claims to travel during the day that the lamps in the headlights are not inserted, and not even connected, and the road movement does not interfere with the road movement.
And it is often not necessary that in paragraph 2 clarifications of the Department for the Security Department of the Ministry of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation of March 17, 2010 it is said that we are talking about bringing to the responsibility of drivers of those cars that in headlightsintended for use with incandescent lamps (including halogen), gas-discharge light sources are installed ("xenon" lamps). Because "Such headlights are not intended for this type of light sources, respectively, their light is distributed in such a way that it blinds other road users."
Brief dialogue.
- You have lamps that are not provided with design, installed under the hood.
- Yes. But they are not connected.
- Well, what, what are not connected? On the front of the car installed?
- Yes.
- Do you agree? So write in the protocol. And according to the law it is necessary to be on the front. And we need to keep the law! It is forbidden to put gas-discharge lamps where they are not provided, and the point! And they are not connected to the movement, they still interfere.
A citizen with the opinion of the inspector did not agree. It turned out, explained to no avail. But wrote in the protocol that I disagree with the opinion of the inspector, which helped in the future. As well as request reflected on the consideration of the case at the place of their residence.
On this inspectors and citizen broke up. And after two and a half months, the citizen is in court in the case of an administrative offense of software. I managed to go to the trial, did not expire for three months, and a citizen was worried. And who does not wanted in his place?
Arrived as it should be in court. The first session of the court was postponed - due to the disagreement of a citizen with a sane violation re-summed up at the court hearing of inspectors. But they did not profit. Well and good.
The court with the position of a citizen agreed, listened to the specialist, examined the car and the proceedings in the case of the absence of the composition of the administrative offense stopped. You can congratulate a citizen with a prosperous result that everything happened. Only the number of its spent nerves counting is not subject to, as well as experiences of possible consequences.
Yes, and those ultra-linked inspectors are still on the road fulfill their duties. That they think up this time and how the law is unknown. Like each of us, who on the way there will be such a "super-darling" inspector.
Court decision to make.
Article 12.5. Vehicle management in the presence of faults or conditions under which the operation of vehicles is prohibited, or by the vehicle, which is illegally established by the identification mark "Disabled"
1. Transportation of the vehicle in the presence of faults or conditions under which, in accordance with the main provisions for the access of vehicles for operation and responsibilities of officials to ensure road safety, the vehicle is prohibited, with the exception of faults and conditions indicated in parts 2 - 7 of this article -
warning entails a warning or imposition of an administrative fine in the amount of five hundred rubles.
2. Managing the vehicle with a deliberately faulty brake system (with the exception of the parking brake), steering or coupling device (as part of the train) -
3. The control of the vehicle, on the front of which light-controlled lights with lights of red or retroreflective devices of red, and equal to the lights, the color of the lights and the operating mode of which do not meet the requirements of the main provisions for the access of vehicles to the operation and responsibilities of officials ensuring road safety, -
it entails the deprivation of the right to control vehicles for a period of six months to one year with the confiscation of these devices and devices.
3.1. The control of the vehicle on which the glass is installed (including covered with transparent color films), which does not meet the requirements of the technical regulations on the safety of wheeled vehicles -
entails the imposition of an administrative fine in the amount of five hundred rubles.
4. The control of the vehicle on which, without the appropriate permission, devices are installed to feed special light or audible signals (with the exception of security alarm), -
the deprivation of the right to manage vehicles for a period of one year to one and a half years with the confiscation of these devices.
4.1. Managing the vehicle on which an identically established lantern of a passenger taxi or an identifying sign "Disabled", -
the imposition of an administrative fine on the driver in the amount of five thousand rubles with the confiscation of the subject of an administrative offense.
5. Use when moving vehicle devices for feeding special light or sound signals (with the exception of security alarms) installed without the appropriate permission -
the deprivation of the right to control vehicles for a period of one and a half to two years with the confiscation of these devices.
6. Control of the vehicle, on the outer surfaces of which are illegally applied special color photographic schemes of cars of operational services, -
1. Transportation of the vehicle in the presence of faults or conditions under which, in accordance with the main provisions for the access of vehicles for operation and responsibilities of officials to ensure road safety, the vehicle is prohibited, with the exception of faults and conditions indicated in parts 2 - 7 of this article -
warning entails a warning or imposition of an administrative fine in the amount of five hundred rubles.
2. Managing the vehicle with a deliberately faulty brake system (with the exception of the parking brake), steering or coupling device (as part of the train) -
3. The control of the vehicle, on the front of which light-controlled lights with lights of red or retroreflective devices of red, and equal to the lights, the color of the lights and the operating mode of which do not meet the requirements of the main provisions for the access of vehicles to the operation and responsibilities of officials ensuring road safety, -
it entails the deprivation of the right to control vehicles for a period of six months to one year with the confiscation of these devices and devices.
3.1. The control of the vehicle on which the glass is installed (including covered with transparent color films), which does not meet the requirements of the technical regulations on the safety of wheeled vehicles -
entails the imposition of an administrative fine in the amount of five hundred rubles.
4. The control of the vehicle on which, without the appropriate permission, devices are installed to feed special light or audible signals (with the exception of security alarm), -
the deprivation of the right to manage vehicles for a period of one year to one and a half years with the confiscation of these devices.
4.1. Managing the vehicle on which an identically established lantern of a passenger taxi or an identifying sign "Disabled", -
the imposition of an administrative fine on the driver in the amount of five thousand rubles with the confiscation of the subject of an administrative offense.
5. Use when moving vehicle devices for feeding special light or sound signals (with the exception of security alarms) installed without the appropriate permission -
the deprivation of the right to control vehicles for a period of one and a half to two years with the confiscation of these devices.
6. Control of the vehicle, on the outer surfaces of which are illegally applied special color photographic schemes of cars of operational services, -
it entails deprivation of the right to manage vehicles for a period of one year to one and a half years.
7. Transportation of the vehicle, which is illegally applied to the color of the passenger taxi, -
it entails the imposition of an administrative fine on the driver in the amount of five thousand rubles.
Expert comment:
Total in Art. 12.5 Administrative Code of the Russian Federation 7 parts that list the main types of reasons for the operation of vehicles. Objective side The offense depends on the characteristics of situations that are reflected in various parts of the article. Subjects in all cases are faces that control the vehicle.
Comments to Art. 12.5 Administrative Code
1. Objects of administrative offenses provided for by the commented article are public relations in the field of road safety.
2. The objective side of the offense provided for by Part 1 of this article is expressed in the management of the vehicle in the presence of malfunctions and conditions under which in accordance with the main provisions for the access of vehicles for the operation and responsibilities of officers to ensure road safety approved by the Council Resolution Ministers - Government of the Russian Federation dated October 23, 1993 N 1090 (with change and extra.), Operation of the vehicle is prohibited, with the exception of faults and conditions listed in part 2 - 6 of this article. In accordance with the Federal Law "On Road Safety" (with amended and extra.) The technical condition and equipment of vehicles involved in road traffic should ensure road safety (Article 16). Requirements for the technical condition of vehicles are set out in the annex to the above basic provisions on the access of vehicles to operation. The application defines a list that are installed cars, buses, road trains, trailers, motorcycles, mopeds, tractors, other self-propelled machines and conditions under which their operation is prohibited.
3. The objective side of the offense specified in Part 2 of the commented article is to manage the vehicle with a deliberately faulty brake system (with the exception of the parking brake), steering or coupling device (as part of the train) and thereby in violation of prohibitions installed . 2.3.1 Road Rules Russian Federation, approved by the Decree of the Council of Ministers - Government of the Russian Federation of October 23, 1993 N 1090 "On Rules of Road" (with change and extra.).
4. The objective side of the offense, provided for in Part 3 of the commented article, is violated the requirements of paragraph 3.1 and 3.6 of the List of faults prohibiting the operation of the vehicle, on the front of which the light devices of red or retroreflective devices are installed, and equal to light The devices, the color and mode of which do not correspond to the design of the vehicle.
5. The objective side of the offense specified in Part 3.1 of this article is expressed in the management of the vehicle on which the glass is installed, which does not comply with the requirements of the technical regulations on the safety of wheeled vehicles. In accordance with clause 7.3 of the Technical Regulations on the safety of wheel vehicles approved by the Decree of the Government of the Russian Federation of September 10, 2009 N 720 "On Approval of the Technical Regulations on the Safety of Wheel Vehicles", with respect to light transparent glass, including covered with transparent color films The requirements of paragraph 3.5.2 of Annex N 5 are applied to the technical regulations, according to which windshield lighting should be at least 75 percent, front side windows and glass front doors (if available) - at least 70 percent.
6. The objective side of the offense, provided for by Part 4 of this article, is expressed in violation of the requirements of paragraph 11 of the main provisions prohibiting the operation of vehicles equipped without the appropriate permission of flashing beacons and (or) with special sound signals.
7. The objective side of the offense provided for in Part 5 of this article is to violate the provisions of the section 3 "Application of special signals" of the rules of the road traffic of the Russian Federation, which provide the right to use special light or sound signals while driving vehicles equipped with special signals . Decree of the President of the Russian Federation of September 22, 2006, N 1042 "On the priority measures to ensure road safety" determined the list of services, the vehicles of which, if there are special color photographic schemes on the external surfaces, are equipped with devices for supplying special light and sound signals, and a decree of the Government of the Russian Federation dated December 1, 2006 N 737 "On special light and sound signals" (with change and add.) - List government agenciesThe vehicles of which are installed devices for supplying special light and sound signals in the absence of special colorographic schemes on the outer surface of these vehicles. The procedure for issuing permits to install on vehicles of devices for feeding special light and sound signals is determined by order of the Ministry of Internal Affairs of Russia of February 19, 2007 N 167 "On the procedure for issuing permits for installation on vehicles of devices for filing special light and sound signals" (with change . and add.) (BNA FOOV. 2007. N 13).
8. The objective side of the offense provided for in Part 6 of the article under consideration is to violate the requirements of paragraph 11 of the main provisions prohibiting the operation of the vehicle with unlawfully applied to their external surfaces of special color of operational services. Requirements for the color diagrams of the corresponding vehicles are defined by GOST R 50574-2002 "Cars, buses and motorcycles of operational services. Coloring circuits, identification signs, inscriptions, special light and sound signals. General requirements."
9. The subjects of the administrative offenses under consideration are drivers of vehicles.
10. From the subjective side, the offense provided for in Part 1 of this article is characterized by both intent and negligence, and the offenses provided for in part 2 - 6 can only be done intentionally.
11. OS administrative offensesprovided for in part 1, 2 and 3.1 of this article, are considered by the head of the State Traffic Safety Inspectorate, his deputy, regiment commander (battalion, company) of the road-patrol service, his deputy. The composition of administrative offenses contained in part 1 and 3.1 of this article may also be considered by the traffic police officers with a special title (Art. 23.3). The composition of the administrative offenses, provided for by Part 3, 4 - 6, are considered by the judges (part 1 of article 23.1).
Administrative offenses are drawn up officers Internal Affairs (Police) (Part 1, p. 1 h. 2, Art. 28.3).
Toning by car ... It can be treated in different ways, depending on the use and generally accepted uses. Let's try to go through all possible options, not so much by significance as in associative pictures and images present in our lives.
First, what comes to mind, it is practical. Toning significantly restrains the ingress of sunlight into the interior of the machine, thereby saving the upholstery of the salon from burnout and overheating. It saves energy to cooling the cabin, when you turn on the air conditioner, especially if the car before it stood in the parking lot on the sun.
Secondly, she changes the car visually. Dark windows do not shine, the body becomes more "holistic." Someone likes it, and there is no one, but tinting changes the car visually, that's for sure.
Thirdly, toning can become for someone a sign of "steepness" when it is pasted on the windshield and on the front side glasses. To this fact, most are contemptuous. From such "cool," to great regret, we still do not get rid of our realities. As far as the progress did not step and how many multi-billion would not be investments in the education system, which, among other things, is engaged in the upbringing of such things ... Nevertheless, there is also a law that acts and sometimes even executes. It is about a fine for tinting, when using such not according to the generally accepted rules and standards, we will tell in our article.
Regulatory documents for using tinting by car
The standard for toning, rather, GOST 5727-88 has been developed in the distant 88 of the last century, and adopted for execution in 1990. (Instead, GOST 32565-2013 released, but he is not registered yet in traffic rules, July 2015). On it, the light transmission of glasses that provide visibility for the driver must be at least:
75% - for windshields;
70% - for windows that are not winds included in the regulatory field of the review, in fact for the front side.
Svetopuska of other non-windshields is not normalized. In addition, windshields, painted and tinted, should not distort the correct perception of white, yellow, red, green and blue colors.
On the windshield is allowed a darkened or opaque strip width not more than 14 cm from the top edge of the windshield.
In fact, GOST does not appear in article COAP (for toning), but it is borrowed characteristics in (018/2011), Appendix No. 8. Such data on tinting, or rather about light transmission is in paragraph
|
4.3. The light-glass light and windows through which the front visibility is ensured for the driver must be at least 70%. 4.5. It is not allowed to use glass, the coating of which creates a mirror effect. |
It is according to this regulation today and will be judged by the possibility of the operation of the vehicle, mainly. However, we still remember ... that is, on the fact we have two documents, this is GOST and the "Technical Regulations of the Customs Union" On Safety of Wheel Vehicles "."
In which case, in what document will be punished, we will try to understand the next paragraph.
What article is governed by a penalty for tinting and what it will be
Let's immediately say if our humanitars "composing" laws, and sitting in the highest government, would have a matter of accurate sciences, they did not achieve great success. And we clearly felt it on themselves ... At least, it was not exactly the case to processor techniques, and you would hardly read our article ...
Let's figure it out what happens!? So, there is Article 12.5 of the Administrative Code of the Russian Federation and part 3.1 in which it says:
Note: Here is the type of "Technical Regulations on the Safety of Wheel Vehicles", but in fact he has now replaced the "Technical Regulations of the Customs Union ...", which we mentioned above. In this case, the penalty will be 500 rubles.
But what to do if the tinting with the light-glass light glass between 75 and 70 percent!? There will be a violation of the GOST, but there will be no violation of the technical regulation. This means on the fact of a violation of "basic provisions for the admission of vehicles ...", more precisely, paragraph 7.3 (the list of faults and conditions under which the operation of the vehicle is prohibited). In this case, it will be again Article 12.5 of the Administrative Code of the Russian Federation, but part 1, and not 3.1.
That is, if we have conditions or malfunctions under which it is forbidden to operate the vehicle, then a warning or a minimum penalty is threatened. Let's try to find these faults related to tinting in the list "List of faults and conditions in which the operation of vehicles is prohibited." Turn to clause 7.3.
There is a somewhat abstract situation. If you have violated the requirements of the "Technical Regulations ...", then the fine will be 500 rubles (Article 12.5 of the Administrative Code of the Russian Federation, part 3.1), if they violated the requirements of paragraph 7.3 (the main provisions on the admission of vehicles ...), then this is a warning or penalty will be 500 rubles, but already in part (Article 12.5 of the Code of Administrative Medical University of the Russian Federation).
However, this is not all. After all, in case of violation of Article 12.5 of the Administrative Code of the Russian Federation, part 1, many may think that 27.13 of the Administrative Administrative Code (TC Detention) can be applied to them.
Detention of the vehicle for tinting (toning film)
So the TC can be detained on the basis of 27.13 of the Administrative Code of the Russian Federation. Is it so?
As you notice, in Article 27.13 of the Code of Administrative Offenses of the Russian Federation, part 2, applied to Article 12.5 of the Administrative Code of the Russian Federation, are mentioned. And we have a violation of part 1 or 3.1 of the same article. That is, simply speaking, the detention of the vehicle is unacceptable. Police traffic police do not have the right to blackmail the driver by the fact that the car can pick up a penalty box.
How to check light lights (tinting)
You noticed that we were already repelled from the fact that the light glass was already installed. If so, then you can make a conclusion about attracting administrative responsibility or refusal from this to the driver. In fact, to establish light lights (toning) is not so easy. The volume on this topic is quite significant, and we would not want to "sculpt" everything in one pile. In this connection, a separate article will be devoted to this topic to which the link from this paragraph will appear. So this.
Is it possible to avoid a fine for tinting
The question is complicated, so it will be woven from the "notch" of the law and from your personal communication with the traffic police inspector. Let's just say that if the penalty will be written in Article 12.5 Part 3.1 of the Code of Administrative Offenses of the Russian Federation, which is most likely the fine cannot be avoided. Since this part simply does not provide for warnings. If you manage to incline the inspector that this offense can be interpreted in part 1 of article 12.5 of the COAP of the Russian Federation, as a violation of "basic provisions ...", then here you can already refer to an alternative to the warning. Part 1 of Article 12.5 of the Administrative Code of the Russian Federation provides for such a norm.
Is it possible to pay a penalty for toning with a 50 percent discount
Question - the answer to the topic "Fine for toning by car"
Question: What will be the penalty for tinting wind and (or) front side windows?
Answer: If it is toning with light transmission in the range from 75 percent to 70, then a violation of paragraph 7.3 will be considered on the norms of the law (basic provisions for TC tolerance). The penalty will be 500 rubles (12.5, part 1 of the Administrative Code of the Russian Federation). If there is a light transmission less than 70 percent, then this violation can be qualified as a violation of those regulations, that is, a fine - 500 rubles (12.5, part 3.1 of the Administrative Code of the Russian Federation).