Each of us has at least once witnessed a violation of traffic rules. And if in the event of an accident, eyewitnesses show consciousness and are ready to help punish the culprit, then when parking or driving rules are violated, everything is different.
Usually we limit ourselves to swearing and simply turn a blind eye to it, realizing that we still won’t achieve justice. As a result, other people suffer, and boors, feeling their impunity, continue to violate, creating potentially dangerous situations on the roads, and poisoning the lives of others.
In fact, it is possible and necessary to hold people accountable for swine behavior while driving. Here's how it's done.
How it works
At the time of writing, there are three options for filing a complaint about an offense (this is what a complaint is correctly called):
- Submit an application at the nearest department office.
- Shipping by registered mail.
- Sending through the form on the official website of the traffic police.
The point is to submit an application on your behalf, which sets out all the circumstances of the violation and its evidence. Well, due to the fact that few people want to record photos or videos on disks or flash drives, the list of methods is reduced to one - sending an application through the application form on the website.
Drivers' responsibilities
When working, a driver of a Moscow vehicle must take into account the requirements of a number of regulatory documents:
- Law of the Russian Federation dated 02/07/1992 No. 2300-1 “On the protection of consumer rights”;
- Federal Law of November 8, 2007 No. 259-FZ “Charter of Automobile Transport and Urban Ground Electric Transport”;
- Decree of the Moscow Government dated September 2, 2008 No. 797-PP “On approval of the Rules for the use of public surface urban transport (trams, trolleybuses, buses) in the city of Moscow”;
- Job description for Mosgortrans bus driver.
In particular, the bus driver is obliged to:
- follow traffic rules. In particular, driving a bus while under the influence of alcohol or drugs is not allowed;
- monitor the cleanliness of the bus interior;
- follow the route schedule;
- board and disembark passengers only at stops, stop at every stop;
- observe certain standards of behavior: do not smoke, do not swear, do not be rude to passengers, etc.;
- provide benefits to eligible passengers.
When a driver is negligent in his duties, it is the passengers who suffer first of all: at best, they are deprived of the opportunity to have a comfortable trip, and at worst, they risk their health (for example, if the driver violates traffic rules). Therefore, if the driver violates his duties, it is necessary to report this to the competent authorities.
What you need to apply
The application itself is submitted in free form, but in order to be registered and accepted for work, it must contain several important points:
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- Date and place. Be sure to indicate the exact time, day and location of the offense.
- Circumstances. Describe in detail the situation and the essence of the violation.
- Car data. Write down the license plate number, make and model of the offender's car.
- Applicant's contacts. Your full name, last name and email address will be required.
Photos and videos attached to the appeal must also meet certain requirements. They should clearly show the registration number of the car and the fact of the violation itself: a red traffic light, a prohibitory sign and other details. It is also desirable that the materials include the time and coordinates of the shooting location.
To prove parking violations, it is better to use video, since it will be problematic to determine from a photo that the car is standing and not moving.
What other violations can you detect yourself?
In addition to violating parking rules, every citizen can record:
- crossing the railway track in unspecified places;
- driving through a prohibiting traffic light or traffic controller;
- failure to comply with traffic regulations to give way to a vehicle enjoying the right of way;
- turning or reversing in places where such maneuvers are prohibited;
- entering the lane of oncoming traffic, or onto tram tracks in the opposite direction, with the exception of cases when going around an obstacle;
- failure to comply with the requirements prescribed by road signs or road markings;
- driving in the lane for fixed-route vehicles or stopping in the specified lane;
- not giving priority in traffic to pedestrians or other road users.
How to apply
When the violator is filmed and his data is recorded, you can begin to restore justice.
1. Go to the State Traffic Inspectorate website using this link and read the rules for registering applications.
2. Check the box next to “I have read the information” and click the “Submit an appeal” button.
3. Select your region and traffic police department from the list.
4. Indicate your last name, first name and patronymic.
5. Enter your email to reply. If desired, you can add a mailing address for a paper letter.
6. Select from the list the region in which the offense occurred and enter the text of the statement.
7. Attach a file with a photo or video (maximum size - 30 MB).
8. Enter the captcha and click the “Send message” button.
When filing a complaint, do not forget to indicate the time and place of the violation, its circumstances, as well as the vehicle details. Focus on the following content:
September 3, 2021 at 10:22 a.m. at Moscow, st. Kosmonavtov, 12, driver of a Toyota Land Cruiser, license plate A777AA777, parked his car on the sidewalk, blocking pedestrian traffic. Please take action and punish the offender.
Where to complain about illegal parking in the Moscow region
Improper parking of cars remains a pressing problem in the Moscow region, despite the constantly appearing new parking lots. Some cars left in the wrong places are taken away by a tow truck, while others disturb residents and motorists. Anyone can complain about a car parked in the wrong place - read how to do this in the material of the mosreg.ru portal.
Violations and fines
Campaign “Don't park on lawns!” in Kotelniki
Source: Photobank of the Moscow region, Konstantin Kiryukhin
The Code of Administrative Violations provides for fines for illegal parking. A car can be sent to the impound lot for parking on the sidewalk, on tram tracks, in tunnels, on pedestrian crossings or less than 5 meters in front of them, on a narrow roadway (less than 3 meters from the dividing line), at public transport or taxi stops and closer than 15 meters from them, in a place for the disabled.
Fines for illegal parking in the Moscow region range from 1 thousand to 5 thousand rubles. So, for parking in a space for disabled people, a fine of 5 thousand rubles will be issued.
Parking in the Moscow region: how to solve the problem of lack of parking>>
"People's Inspector"
People's Inspector app
Source: , Dolgoprudny News Agency In the Moscow region, since the beginning of October 2021, the “People's Inspector” application has been launched, with the help of which residents of the Moscow region can complain about an incorrectly parked car. “People’s Inspector” is part of the “Dobrodel” system, so you can complain both through the portal and using a mobile application. If you are not yet registered on Dobrodel, then in order to submit a complaint, you will need to do so.
Using this application, you can complain about cars parked on lawns in courtyards or on playgrounds. An illegally parked car must be filmed for 15 seconds. Moreover, in such a way that the license plate number of the car is visible, as well as the nature of the violation: if, for example, the car is parked on the lawn in the yard, it is necessary to photograph a panorama of a residential neighborhood.
A video indicating the address where the violation was discovered must be sent through the People's Inspector application. Then this appeal will be considered by inspectors of the State Technical Supervision Service, who will decide whether to impose a fine. Information about the decision made will be contained in the response to the complaint.
Evacuation of a car in the Moscow region: what to do if your car is sent to a special parking lot>>
traffic police
You can also send a complaint about an incorrectly parked car directly to the State Traffic Inspectorate of the Moscow Region. To do this, on the department’s website you need to go to the “Services/Reception of Applications” section.
When filling out an application, you must select a region - Moscow region. Next, you need to fill out the required fields, indicating your last name and first name, select the response format, and also write the appeal itself. To reinforce the words, it is necessary to add photo or video files in which the violation is recorded and the license plate number of the vehicle is visible. A response must be received within 30 days.
Registration of an accident in the Moscow region: where to call and how to fill out a report>>
Review results
Events after writing and filing a complaint can develop in two scenarios:
- the complaint is found to be unfounded;
- authorities will point out the illegality of the actions committed by the road patrol officers.
If events develop according to the second scenario, the decision can be appealed. The law allows no more than 10 days for this procedure. A repeated application is considered in court. If necessary, you need to attract witnesses (if any) and search for new evidence indicating that you are right.
Appeal to judicial authorities
If in this case justice has not prevailed, you need to further appeal to the judicial authorities, since it is permissible to complain here if previous appeals were unsuccessful.
In this case, the claim has a form regulated by the Civil Procedure Code, according to which it is required to apply to the authority.
The application to the court must occur within 3 months from the date of the incident, however, the application is accepted at a later date.
If the validity of the appeal is proven, the court will oblige the traffic police management to punish the culprit, take appropriate measures, and inform the applicant in an official message about all the measures taken.
Reasons for submission and examples
The right to complain about unlawful actions or inaction of a police officer is enshrined in the legislation of the Russian Federation; according to these provisions, it is permissible to contact the appropriate authorities when such situations arise:
- Incorrect behavior of an employee, for example, if the driver is given a sign to stop driving, and the traffic police officer, without presentation or any explanation, demands to present documents, without having grounds for such a requirement;
- Failure to comply with the norms of the Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation, when an employee acts contrary to his powers and regulations in his job descriptions;
- If disagreements arise when drawing up a protocol or making a decision, for example, when an employee draws up a protocol on a violation of traffic rules, and the driver has his own opinion on this matter, such an action can be challenged with a separate complaint;
- In addition, the traffic police inspector may demonstrate not only discourteous or improper performance of duties, but also complete inaction, when he completely refuses to respond to an offense on the part of the driver, does not want to draw up or superficially draws up a protocol.
Sample complaint against a traffic police officer.
Where to go
You can complain to several addresses:
- To the immediate superiors of the driver’s rights violator, written appeal;
- Call the traffic police hotline according to the region where the offense occurred;
- A written appeal to the prosecutor's office or judicial authorities to bring the offender to justice, but it should be remembered that appealing to the judicial authorities, despite the ineffectiveness of this option, is fraught with costs.
Important: it should be remembered that in order to express disagreement with the decision of the traffic inspector, there is a period for appeal - 10 days.
You can find out where to go if you appeal the actions of the management company here.
Rules and instructions for drawing up a document
When forming a document, the injured person must understand that the legislator has not established the form of the complaint; it is necessary to adhere to the generally established rules for forming the paper and seek the help of a lawyer so that it is endowed with legal force.
Important: the appeal should describe the essence of the issue in detail.
In addition, it must have the following points:
- Addressee data – details and name of the institution, full name of the official to whom the appeal is made;
- Information about the person applying – full name, residential address, postal information and contact details;
- Next, you should indicate in detail all existing information regarding the troublemaker - his full name, position, personnel number and other information. In addition, it is important to indicate the license plates of the license, badge, car that was used by the person during the execution;
- Describe in detail everything that happened, indicate in as much detail as possible the day, time of the event, section of the road;
- Compiler's signature and date.
Sample complaint against the actions of a traffic police officer to the prosecutor's office.
The document must be formed in accordance with the requirements for drawing up business papers; it must have the following structure:
- hat;
- Name;
- The main part with a description of the event and claims;
- Final – indicating references to legislative acts, signature of the compiler and date.
How to draw up and what a complaint against a bailiff contains - read the link.
When drawing up a document, the following standards should be used:
- Maintain a businesslike, restrained style, without showing emotions, using exclamatory phrases or friendly sayings;
- Try not to make punctuation and grammatical errors;
- Make references to legislative acts; a competent specialist with a legal education will help with this;
- Do not use insults or labels of any kind towards your opponent, do not describe your conclusions and conclusions.
Advice: it is better to prepare a document in printed format, this will make it possible to avoid a large number of errors and ensure comfortable reading of the document.
In addition, it is important to attach documents such as:
- Photos and videos of the incident;
- Expert and medical opinions;
- Testimony of witnesses.
Complaint against the actions of a traffic police officer.
Review period
If the appeal is addressed to the boss of the rude person or the message is made by calling the hotline, the response period is 10 days.
The application is considered in accordance with generally accepted standards for processing citizens' appeals within a month; at most, the applicant can receive a court decision after 2 months.
In addition, during the consideration of the application, the applicant may be contacted with clarifying questions, and he must also receive an answer in an official form.
How long does it take to consider a complaint against banks? Read the publication at the link.
What penalties apply to traffic police officers?
There are several bodies that regulate the activities of the State Traffic Inspectorate, these are:
- Investigative Committee of the Russian Federation;
- Prosecutor's office;
- Department of Internal Security under the Ministry of Internal Affairs;
- Persons holding management positions in the internal structure of the State Traffic Inspectorate.
Any of these bodies can use punitive methods of varying severity in relation to traffic police officers. In addition, every disciplinary action against a traffic cop is entered into his personal file.
Complaint against a decision to impose an administrative fine
If the driver does not agree with the decision to impose a fine by the traffic police, he can file a corresponding complaint.
Quite often, the reason for a complaint can be a decision to video record a violation.
In this case, you need to file a complaint with the traffic police department that issued the decision (its details are indicated in the decision). In this case, the text of the complaint must contain evidence of your innocence with references to clauses of regulatory legal documents.
What are the powers of traffic police officers?
To avoid awkward moments, you need to know what powers and restrictions are vested in representatives of this government body:
- Each guard may require to show him documents certifying the ownership of a vehicle and a driver's license.
- The inspector has the right to temporarily confiscate these documents if the driver’s intoxication is proven.
- A traffic cop can stop a car only in a place that does not contradict traffic rules. If there is a “no stopping” sign next to the patrolman, the patrolman’s actions are considered illegal.
- The inspector has the right to ask the driver to show the contents of the trunk when there are objective reasons for this (for example, a signal was received about the possible transportation of drugs).
If one or more of the above actions were applied to the driver, then there is no point in complaining about the employee.
Attention:
If the applicant is convicted of libel, he will face criminal liability.
Nuances when filing a complaint
It is best to compose the text of the appeal on a computer; you can always edit the document and print a new one. This will avoid misunderstandings if the applicant has illegible handwriting or there are many errors in the claim. You will have to rewrite the complaint again and waste your time on it.
Also, do not forget that anonymous applications from citizens are not considered, so you must provide reliable information about the applicant (full name, address).
In addition, if a citizen cannot provide the necessary evidence, when considering the case in court, you can draw up a petition to request the necessary documents.
