Верховный суд разъяснил: водитель не имеет права передавать инспекторам ДПС документы, привязанные цепью к салону автомобиля. Полиция вправе штрафовать таких нарушителей или даже подвергать аресту.
Многие водители используют такой прием (называется «железный аргумент»), чтобы не выходить из машины и не позволить сотруднику ГИБДД унести водительские документы в патрульный автомобиль.
Запрет на применение цепочек скоро будет прописан и в новом регламенте МВД по общению инспекторов ДПС с водителями.
Решение Верховного суда касается случая, происшедшего 8 января 2016 года в городе Югорске Ханты-Мансийского автономного округа. Инспектор ДПС остановил автомобиль для проверки документов во время рейда, попросив водителя передать ему документы. Тот, в свою очередь, передал документы, зажатые фиксатором и закрепленные на цепочке, сложенные друг за другом, при этом снять фиксатор отказался. Инспектор, в свою очередь, оформил материалы по ч. 1 ст. 19.3 КоАП (невыполнение законных требований полицейского), направил их в суд, который выписал штраф на 1 тыс. руб.
Водитель, в свою очередь, попытался оспорить это нарушение в судах нескольких инстанций, дойдя в итоге до Верховного суда. Водитель ссылался, в частности, на регламент МВД по надзору за дорожным движением (утвержден приказом МВД №185), в котором говорится: «Документы, передаваемые участниками движения для проверки и приобщаемые к составленным материалам, принимаются сотрудниками без обложек». В ПДД по поводу правил передачи документов ничего не сказано. Верховный суд встал на сторону ГИБДД.
«Факт неповиновения требованию сотрудников полиции и воспрепятствования исполнению ими служебных обязанностей объективно подтвержден совокупностью собранных по делу доказательств и сомнений не вызывает,— сказано в постановлении ВС.— Следует учесть, что водитель при рассмотрении дела в судебном заседании не отрицал факт передачи документов с применением фиксатора и цепочки». В итоге законное требование сотрудников ГИБДД о передаче документов для проверки так и не было выполнено, а значит, господин Кеберле был обоснованно привлечен к ответственности, счел суд.
Отметим, что использование цепи вместе с документами (на сленге такой способ называется «железный аргумент») — это довольно распространенное явление, в сети на эту тему опубликовано довольно много видеороликов. Водители поступают так, как правило, в целях защиты, чтобы исключить злоупотребления. Потому что инспекторы порой просто уходят с документами в патрульную машину, иногда не объяснив сути нарушения и не дав возможности водителю заявить ходатайство, например, о вызове защитника. А потом водитель получает обратно свои документы уже вместе с постановлением.
В своих объяснениях для суда водители, как правило, пишут, что передали документы в руки инспектору, и это полностью соответствует действительности.
Тем временем ГИБДД уже запланировала принять новую редакцию регламента МВД по надзору за движением. В новом документе будет прописано, в частности, что документы сотруднику ГАИ нельзя передавать вместе с какими-либо «предметами» и «удерживающими устройствами», то есть использование цепей будет запрещено. Планировалось, что новый регламент вступит в силу с 1 апреля, однако недавно в Госавтоинспекции заявили, что по итогам общественного обсуждения документ будет редактироваться и срок его утверждения и вступления в силу переносится.
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