Traffic sends massively under arrest lovers of toning
Courts across the country began actively to send the drivers under arrest for improper tinting. In the absence of adequate punishment, the traffic police attracts the worst offenders of rules on paper for disobeying a lawful demands of a police officer. As found “Газета.Ru” the law which will remedy the situation, was approved in the first reading by the state Duma, but far from final adoption.
The love of excessive toning leading some motorists to the arrest. Formally, violators are prosecuted not for toning — it has only a 500-ruble fine, and for disobeying police requirements.
So, in Ivanovo, the court appointed two drivers over the four days of arrest because they did not fulfill the legitimate request of a police officer, not removing it after the first instructions from the front Windows of their vehicles tint film. About it reports the local edition ivday.ru.
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the Penalty for “toning” I want to increase to 5000 rubles
The story began in February of this year, when on a street Ivanovo, the traffic police detained 19-the summer driver of the Skoda Rapid. Inspectors probably confused by the tinted car window. They checked the light transmission of glass, and found that it really does not meet the requirements of technical regulations of the Customs Union “On safety of wheeled vehicles”.
The police have made on the infringer the administrative report under part 3.1 of article 12.5 of the administrative code of the Russian Federation and gave the motorist’s requirement to eliminate violation within a day.
Three months later, 12 may, young man again was stopped by traffic police. Tinting film at this point was still on the car Windows.
However, this time the inspectors, instead of re-fine the driver for the same 500 rubles, arguing that he violated quite a different article of the administrative code. According to cops, the young man did not fulfill legal requirements of police officers about the removal of the film.
This violation provided by part 1 of article 19.3 of the administrative code, the punishment is a fine from 500 to 1000 rubles or administrative arrest for up to 15 days. The driver was drawn up, after which the case file was referred to the court.
The judge considered that the penalty in this case is too lenient a sanction, and in four days sent the motorist in the detention center.
Under similar circumstances were detained in Ivanovo and other driver, driving a BMW 320 tinted. The court also appointed four days of administrative arrest.
Similar arrests have happened in recent weeks in other regions of the country. In Saratov five drivers were arrested for driving re-tinted, three were fined 1,000 rubles, one received two days of arrest, and another one for a week. “This 27-year-old young man has already violated the rules of the road 19 times. Among them, eight for toning,” — commented on the latter case in urban traffic police.
In Yekaterinburg, the driver, whom police have repeatedly asked to remove a film, finally got four days of arrest. In Kaluga the same “repeat offender” sent to prison for three days, and in Krasnoyarsk a fan of tinting and all managed to get the maximum penalty for disobeying a police officer for 15 days.
During special raids in each region STSI attracts thousands of violators of the rules of toning, and given the fact that formal punishment they face is quite small, many of them would not listen to the inspectors, at the risk of soon to move into the detention center.
The head of Board of legal protection of car owners Viktor Travin told “Газетой.Ru” noted that such arrests for alleged disobedience to the lawful request of law enforcement officers, though used by the police often, in fact, do not meet the requirements of the law.
“This depraved practice has developed solely due to the Supreme court, which is in favor of the traffic police issued a ruling that actually allowed such arrests, the lawyer said. Under article 19.3 of the administrative code can be prosecuted only if the person has not fulfilled the demand of the police encroaching on the public order.”
In addition, according to human rights, all legal requirements that may be affected by this rule, written in the 20th Chapter of the administrative code.
“But the police often misinterpret this rule to the impossibility and argue that any claim is legitimate. Not given, for example, a phone call — not complied with a legal requirement, opened the trunk, did not fulfill legal requirements. In the legal community, this practice already is frightened,” said Travin.
The bill on toughening responsibility for illegal tint for quite some time in the state Duma, in December last year, he was accepted in the first reading.
Now, however, according to “Газеты.Ru” its further adoption is actually suspended until the appointment of a new head of traffic police of Russia.
When this happens, is still unknown, and hence the fate of the amendment remains unknown — it is obvious that at least in the coming months, police will have to deal with violators of the old methods.
Recall that, under the proposed amendments, developed by the first Deputy head of the Duma Committee on legislation and state construction Vyacheslav Lysakov, the penalty for the shading will be increased three times, to 1500 rubles, and for repeated violation the motorist will have to pay 5000 rubles.
In the explanatory note to the document States that, according to statistics of the Ministry of interior, there is a significant increase of violations related to toning, especially in Moscow, Krasnodar Krai, Sverdlovsk and Rostov regions. However, according to recent police raids on the ground, the problem of autotolerance after the disappearance of law rules on the movement of the vehicle to the impound lot once again become relevant in the majority of regions of Russia.