Complaint against a traffic police officer: grounds, step-by-step instructions for drawing up and sequence of stages for filing an application

Traffic police officers ensure road safety and monitor compliance with traffic rules. However, the norms of current legislation are not always observed. If the driver's rights have been violated, he can file a complaint against the traffic police officer. It must be compiled correctly. The completed documents must be submitted to the authorized bodies. The applicant's demands will be approved if they are legitimate. If they refuse to respond to a violation, a complaint against the traffic police officer can be filed in court.

When can you complain about a traffic police officer?

Traffic police officers must act in accordance with the administrative regulations of the Ministry of Internal Affairs of the Russian Federation. All checks and procedures are carried out strictly in accordance with the provisions of the regulations. However, in practice the rule is not always observed. A citizen has the right to write a complaint against a traffic police officer if he has violated the law through his actions or inactions. An application can only be made if there are grounds. In any other situation it will not be considered. When assessing the actions of traffic police officers, you need to rely on a number of criteria, the list of which includes:

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Classification of the violation committed. It must be done correctly. It is worth checking the information specified in the protocol. It must correspond to reality.
Checking the requirements for compliance with current legislation. The inspector has the right to demand that the car be inspected or any examination carried out if this is provided by law.
Legality of actions. You need to make sure whether the traffic police officer has the right to use any specialized means.

Once you are sure that a violation was committed, you can file a complaint against the traffic police officer. The culprit will be held accountable if the following circumstances occur:

the inspector violated official regulations or instructions, and also neglected the performance of official duties;
instead of a fine, a representative of the road inspection demanded a bribe;
assault was used;
there was a violation of the current legislation;
documentation of the violation was drawn up without the presence of the driver;
During communication with a citizen, rudeness or insult was committed.

The list is not exhaustive. If there are other violations, a person also has the right to complain to the traffic police inspector. What is important is the presence of the very fact of neglect of the provisions of the current legislation or failure to fulfill assigned duties.

Basic rules of communication

If a citizen tries to call the hotline of any service, then there are good reasons for this and it is likely that the person is under stress. However, when communicating with call center employees, you should behave with restraint, be as collected as possible, and clearly state the pressing problem. The use of obscene speech, insults and threats is prohibited. Please remember that every conversation is recorded.

Before dialing the hotline number, it is worth considering the question you will ask the specialist. This will help reduce the time it takes to obtain the necessary information, and in some cases, qualified assistance. Of course, there are cases, for example, the traffic police hotline is constantly busy, and you have problems with the inspector. You should be patient and dial the number again or contact another service number, where your call will be transferred to the right consultant.

Normative base

Traffic police officers work in accordance with the norms of the Administrative Regulations of the Ministry of Internal Affairs. The document was approved on August 23, 2017 by Order of the Ministry of Internal Affairs of the Russian Federation No. 664. The norm stated:

A list of administrative procedures that traffic police officers have the right to carry out, and requirements for performing actions.
The procedure for applying administrative measures and the process of visiting the scene of an accident.
Features of appealing against actions committed by a road inspector and other nuances of pre-trial proceedings. It also reflects the time frame for considering a complaint against a traffic police officer and a list of grounds for filing it. Additionally, cases in which a response to the application is not given are indicated.
List of government agencies and officials who have the right to consider the applicant’s complaint.

Additionally, it is worth familiarizing yourself with the provisions of Federal Law No. 59 “On the procedure for considering appeals from citizens of the Russian Federation” dated May 2, 2006 and Order No. 707 of the Ministry of Internal Affairs of the Russian Federation dated September 12, 2013.

Rights and responsibilities of a traffic police officer

The list of rights and responsibilities of a traffic police officer is recorded in the administrative regulations of the Ministry of Internal Affairs. The inspector may:

stop moving cars;
check documents;
draw up a protocol on an administrative offense;
make a decision to hold the citizen accountable.

A traffic police representative may ask the driver to leave the car or open the trunk. However, this is possible if the inspector suspects that there are technical faults in the car or that the driver is intoxicated. It is pointless to complain about such requests from representatives of authorized bodies. All of the above circumstances are the result of a subjective assessment of traffic police officers.

If there are circumstances that serve as a reason for detention, a representative of the authorized body has the right to escort the offender to the office premises or territorial police unit to make a final decision.

A citizen may be accompanied or sent to a place for medical examination to determine the presence of alcohol or drugs in the body. Inspectors can use photo, video and audio equipment, as well as information systems, to supervise traffic.

If an urgent situation arises, the inspector can use a vehicle that belongs to state, municipal authorities, public associations and organizations. In exceptional cases, it is possible to confiscate cars whose owners are individuals. This is done to immediately stop crimes. The exception is cars that belong to diplomatic representatives and consulates of foreign states.

Employees of the State Traffic Inspectorate also have a number of responsibilities. They have to:

Know the constitution and other current regulations.
Do not violate the rights of traffic participants.
Immediately arrive at the scene of a crime or accident, eliminate security threats, document the circumstances of the violation and ensure the safety of traces of the crime.
Provide first aid if people have been injured in an accident and the ambulance has not yet arrived.
Find out the circumstances of offenses committed in transport and traffic, and also take measures within the framework of their powers to prevent crime.
Ensure, within the limits of competence, the safety of citizens and public order.
Take measures in emergency situations to save citizens.
Take part in the search for persons who committed a crime.
Seize documents from citizens that show signs of falsification.
Notify authorized bodies of each case of inducement to commit a corruption offense.

Road inspectors have other rights and have responsibilities enshrined in Chapter No. 3 of February 7, 2011 of the Law “On the Police”.

Self-recording of traffic violations

There are two ways to record a traffic violation:

photographic recording;
video recording.

I would like to note that if we are talking about recording a violation of the rules of stopping or parking (parking), then problems usually do not arise. Since the intruder's car is not moving, you can easily photograph it from any angle.

However, please note the following features:

The photo or video must show the license plates (state registration plates) of the vehicle. This is necessary so that the traffic police understand who to impose a fine on.
The traffic must be clearly visible So that the traffic police understand what to punish for. For example, if a car is stopped under a prohibitory sign, then it needs to be photographed against the background of this sign.

In any case, it is better to take more photos and then choose the best ones.

In addition, it is very good if your camera or smartphone automatically records the location of the violation (via GPS or GLONASS), as well as its time, and records this information in a photo file. If there is no such function, record the time and location of the violation manually.

The second possible option is that you accidentally filmed a violation of another vehicle on your DVR. For example, driving into the oncoming lane. In this case, it will not be possible to collect additional evidence. Therefore, carefully watch the video to understand whether it contains all the necessary information (numbers of the violator and the fact of the violation itself). If the license plates or the violation committed are poorly visible in the video, then there is no point in contacting the traffic police.

Once you have collected evidence, you can proceed directly to contacting the traffic police.

Rights and responsibilities of a citizen when filing a complaint against a traffic police officer

A complete list of the rights and responsibilities of citizens when interacting with traffic police officers is also determined by the administrative regulations of the Ministry of Internal Affairs. In accordance with it, persons have the right to appeal against the actions or inactions of the inspector that led to the violation of rights and freedoms. You must contact a higher official or head of a government agency.

To write a complaint against a traffic police officer, a person must know the current legislation and traffic rules. This will ensure that a violation has actually been committed. In any other situation, the complaint will not be considered.

Photo or video?

You definitely need one of these. A simple report of a traffic violation, even indicating all identifying data (license plates, or even passport details) and the presence of witnesses to the violation, most likely will not entail punishment due to insufficient evidence. The only option here is the confession of the violator himself, which is very unlikely.

Recruitment by photo

Taking photographs is not always conclusive evidence of violation and may work 50/50. So, based on the photo, it will definitely not be possible to attract the driver for some non-compliance with the Rules, the most common of which is, for example, violation of parking and parking. The driver involved will simply state that he was moving at that moment, although, most likely, he will not even go so far as to question the driver.

Recruitment by video

Video recording of almost any violation can more likely lead to the prosecution of the violator.

But in both cases, the license plate number of the car must be clearly visible and it is highly desirable that the face of the driver (or passenger, if you are complaining about him) is visible for identification.

It is impossible to attract the owner of a car just based on a photo or video of a violation, because a complaint from a citizen with an active position is not a basis for this. You should not confuse your application for a violation and non-compliance with traffic rules caught on a self-recording camera. The difference is that according to the law, a violator can be prosecuted only in case of auto-fixation (Note to Article 1.5 of the Administrative Code - presumption of innocence).

It works like this: even if the owner of the car is called to the traffic police to testify about your complaint, and even if he appears on a subpoena or a call from the traffic police, he can declare that either he was not driving at all, or testify against himself or his loved ones he does not want relatives, according to the article of the Constitution of the Russian Federation. Thus, they will not be able to subject him to a fine or other punishment.

But it is much easier to attract, for example, a driver of a regular shuttle bus, especially in Moscow and large cities, because you will definitely indicate the date and time of the deviation from the traffic rules in the application attached with the video, and the traffic police will most likely provide information about the driver, who was driving the bus at the time. The same applies to many situations where drivers of legal entities are brought to justice for violations.

Step-by-step instructions and sequence of stages for filing a complaint against a traffic police officer

If a person is sure that his rights have been violated, to file a complaint against a traffic police officer he will have to follow the following procedure:

Prepare an evidence base. If a traffic police officer stoops to insults, it is worth filming this fact or recording it on a voice recorder. Witness statements may also be taken into account. The administrative record and other documentation can also help prove the applicant's case.
Make a statement. A sample complaint against a traffic police officer is fixed in the current legislation. The paper is drawn up in accordance with the general rules of office work. The document can be completed by hand or printed. No mistakes should be made when filling out. The personal data of the applicant must be indicated. Anonymous complaints will not be considered.
Submit the application to the authorized body. First of all, you need to contact the traffic police department where the employee who violated the current legislation works. The document is sent to the head of the department. If the action has no effect, or the complaint against the traffic police officer was wrongfully left without progress, the document is sent to the prosecutor's office. If success was not achieved again, but the applicant is confident that he is right, it is worth going to court.
Wait for the application to be reviewed. The response must be given within 10 days from the date of application. The decision is communicated in writing. It is sent to the address that the citizen indicated in the appeal. The application may be left without progress if the citizen neglected the established deadlines for filing and filed a complaint against the traffic police officer later. You are also given 10 days to report the incident.

Complaints against a traffic police officer can be made here.

Telephone complaint against a traffic police officer

You can also complain about a traffic police officer by telephone. To do this, you need to call the traffic police hotline. Her number is +7 (800) 222-74-47. It operates throughout the Russian Federation. There is no charge for the call.

You can contact the traffic police hotline in the following cases:

a traffic police officer asks for a bribe;
the inspector exceeds his authority;
questions arose regarding fines and debts;
the driver is accused of violating traffic rules without any reasonable grounds;
There are other issues relating to the functioning of the State Traffic Inspectorate and the work of its employees.

When you call, you need to clearly state the problem. Emotions must be removed. You need to talk politely, without aggression or rude phrases.

Complain against a traffic police officer online

A complaint against a traffic police officer can be filed online through the official website of the State Traffic Inspectorate. The application will be considered in accordance with the provisions of Federal Law No. 59 of May 2, 2006 and Order of the Ministry of Internal Affairs of the Russian Federation No. 707 of September 12, 2013. To file a complaint against a traffic police officer online, you must complete the following steps:

Go to the official website of the State Traffic Safety Inspectorate of the Russian Federation.
Click on the “Services” section. In the window that appears, click on the “Receive requests” item.
Study the information that appears and check the box next to “I have read the information.”
Click on the “Submit Appeal” item.
Fill out the online form. It must contain addressing information, information about the applicant and the address for response. The result of the application review can be sent by e-mail or classic mail. Record the phone number for quick communication, and also reflect the region in which the event occurred that served as the reason for filing a complaint against the traffic police officer. But if a person has previously contacted the authorized bodies on this issue, it is necessary to indicate the department to which the application was sent, as well as the date of filing the application. There is also a window for the text of the appeal. The essence of the issue is to be stated here. Additionally, you can attach evidence. They must be submitted electronically. To attach them to the application, you need to click on the “Attach file” button.
Enter the text from the image and click on “Submit Appeal”. The complaint against the traffic police officer will be submitted to the authorized body for consideration.

Once the application has been submitted, all that remains is to wait for a response.

Alternative methods of communication

On the website of the State Traffic Inspectorate https://gibdd.rf on the “Contacts” page, you can submit an appeal with a question, suggestion or complaint by first filling out a form in which you should indicate the region, full name, email address and the essence of the appeal. If necessary, you can attach documents in electronic form: files in document, video and photo formats. The appeal will be sent to the regional office.

To check traffic police fines, a mobile application has been developed for Android and iOS, which allows you to check fines from anywhere in the Russian Federation where there is Internet access. Using this program, you can receive alerts about new fines and make payments at a discount.

A convenient SMS service has been created for Muscovites: information about fines can be obtained by indicating the STS number or driver’s license. First option: fine Series Number STS. Second option: fine SeriesVUNNumberVU to number 7377.

The hotline receives many requests every day, so waiting for an answer sometimes takes a lot of time and it is not always possible to get through the first time. If all operators are busy, after a long wait the system prompts you to leave a message on the answering machine. Most reviews about the work of the telephone service are positive: the high competence of its employees is noted.

Additional communication channels greatly facilitate the interaction of citizens with the traffic police service, but not in all situations they can form a full-fledged alternative to a hotline.

Claim for illegal drawing up of protocol

The general form for filing a complaint against a traffic police officer is identical, regardless of the situation. However, the specifics when filling out documents may change. So, if a traffic police officer illegally drew up a protocol, the text of the appeal will have to indicate the document number, as well as describe in detail all the nuances of what happened, referring to the norms of the current legislation. At the end of the application, you will need to state the requirements and provide links to papers that serve as evidence.

Complaints against a traffic police officer for illegally drawing up a protocol can be found here.

Complaint about boorish behavior

Rudeness on the part of a traffic police officer is also punishable. Finding himself in such a situation, a citizen has the right to complain against the inspector and demand that he be held accountable. The appeal is drawn up in accordance with the classical rules of office work. The citizen will have to provide personal data and information for operational communication, as well as state the essence of what happened.

Complaints against a traffic police officer for boorish behavior can be found here.

Reasons for complaints

It is necessary to file a claim against the traffic cop only if he has made a corresponding decision and drawn up a protocol , and the driver does not agree with such a decision. In this situation, it will be considered according to the procedural norms of the Code of the Russian Federation.

When considering the filed complaint, the court will check the validity of imposing a fine on the motorist. When the justice authorities do not agree with the arguments presented by the traffic police officer, they cancel the decision and find the driver not guilty of the violation charged against him.

In addition, you can complain about certain actions or inactions of patrol service employees.

Complaint against a traffic police officer to the prosecutor's office

If a citizen has already appealed to the higher management of the State Traffic Inspectorate unit, and failed to achieve a positive result, you can submit an application to the prosecutor’s office. A complaint against a traffic police officer to the prosecutor's office must be made in writing. The paper must contain information about illegal actions committed against the driver. The form, completed in accordance with the rules, can be sent by mail in the form of a registered letter with a notification delivered in person. If required, copies of documentation confirming the citizen’s innocence must be attached to the application. Witnesses may be involved in the proceedings.

The period for consideration of a complaint against a traffic police officer by the prosecutor’s office differs from the standard one. Representatives of the institution are given 30 days to analyze what happened and make a decision. The period begins to count from the moment the complaint is registered. The citizen is then informed of the decision. If a claim is denied, the reason for such a decision must be communicated.

Complaints against a traffic police officer to the prosecutor's office can be found here.

Can I complain through the app?

No. As of today, October 13, 2021, there is no official application for sending complaints and more quickly considering such complaints.

The only scheme by which currently existing programs work is by sending applications to the traffic police in the same way that we described above, but automatically. That is, the main factors in the form of interrogation of the applicant, failure to identify the traffic violator, and most importantly, the timing of consideration of such complaints do not change in any way.

Complaint against a traffic police officer to court

If other methods of resolving conflicts are unsuccessful, you can file a complaint against the traffic police officer in court. The specifics of filing a complaint are changing. It should indicate:

full name of the judicial authority and its postal address;
personal data of the plaintiff and his registered address;
the address to which the result of the decision will be sent, and a telephone number for prompt communication;
information about the defendant;
the essence of what happened;
applicant's requirements;
links to current legislation;
date and signature.

Complaints against a traffic police officer can be filed in court here.

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.

Nuances

There are a number of nuances that should be taken into account when writing a statement of complaint against a traffic police officer. It is better to create a printed document. This will allow you to correct errors and make it possible to avoid problems with reading the document that may arise due to illegible handwriting.

You cannot hang offensive labels on a person who has committed a violation. Thus, the use of the term “bribe-taker” is unacceptable. In another situation, a counterclaim may be filed against the applicant demanding liability for insult.

If there are witnesses, you need to formally involve them in the case. Passengers can also play this role, but only if they are not relatives of the driver.

If there is no opportunity to present documentary evidence, during the trial it is allowed to file a motion to obtain evidence. The applicant must indicate the fact that it is impossible to present them in person and indicate the government authorities that can do this.