What to do if you are accused of speeding?
Speeding of the movement are not only one of the most widespread violations, but also the most dangerous. At the same time responsibility, according to article 12. 9 Administrative Code, assume punishment for speeding less than on 60 km/h in the form of a penalty, and in case of excess more than on 60 km/h the fourth part of article assumes the alternative sanction - a penalty or deprivation of the right of management.
Now divisions of traffic police are provided with various types of devices for measurement of the high-speed mode. Among them there are manual devices, video clamps, and also an automatic radar.
For a start we will consider cases with the fixing of violation which is carried out by the inspector. Violation is fixed by the device which is not establishing brand and model of the vehicle - the inspector is guided by the personal experience and knowledge allowing it to set the car of the violator and to allocate it from the general stream of vehicles.
Certainly, such method is purely subjective as it is not based on the actual criteria allowing to establish the true violator. In this case the proof of commission of an administrative offense will be the protocol. At the same time it is not important at all, witnesses are entered in this protocol or not - everything that they can confirm, so is that in time specified in the protocol on the specified place and the concrete device measurement of the high-speed mode was taken.
Making the protocol, the inspector, according to the requirements stated in the Code of the Russian Federation on Administrative Offences is obliged to specify the name of the device which took measurement of speed, its serial number and date of checking.
The main questions which are asked by drivers in such cases : whether the inspector is obliged to show instrument readings or video of violation, to show the certificate on the device, to show the act of checking, to show the device for the purpose of establishment of integrity of seals, compliances of number of the device and the actual serial number entered in the protocol?
Answer to all these questions only one: no, it is not obliged! But at the same time nobody forbids you to ask such questions and to receive on them let and negative, but answers. Formally, as soon as concerning you the protocol will be made, you have the right to demand all these documents, you already have the right to get acquainted with all case papers on the basis of Art. 25. 1 Administrative Code.
In the protocol it has to be specified that speed is recorded by the concrete device for carrying out measurements. According to standards of Art. 26. 8 By the Code of the Russian Federation on Administrative Offences special technical means are understood as the measuring devices approved in accordance with the established procedure as gages, having the corresponding certificates and which passed metrological checking. If data on the name of a gage, its serial number and date there is no checking or they are submitted not in full, you have the right to declare the petition for determination of proceedings or for return of materials to bodies of traffic police.
Pay also attention to what is frequent instead of the words “ checking is made by 10. 05. 2008 “ there can be a formulation “ calibration is made by 10. 05. 2008 “. Calibration and checking are absolutely different concepts. the Law recognizes the fact of checking as the gage allowed to use.
the Fact of checking of the device and obtaining the corresponding certificate are also not a sufficient condition for use of the appropriate special technical tool. Existence of the certificate anyway is a necessary condition for use of a special technical tool.
Pay attention that usual and most widespread a radar does not issue any documentary proofs, and the inspector at monitoring procedure of observance of the high-speed mode can choose in quality “ violator “ the driver of any car, disregarding features of means for measurement. Means for measurement of speed from the cars going in parallel, as well as at coverage by a radar of two and more cars at an angle, fixes the speed of the car which or is more on dimensions (for example, the truck), or what has more than the speed and at the same time it is not important, ahead or behind from other vehicle it is. Thus, it turns out that there is no evidential base of the fact of violation.
If business concerns of video fixing with use of the computer, should consider that the software and an operating system have to be licensed . Ask the inspector to specify number of licenses in the protocol, or to specify that number is absent. Do not forget that such record can be made and most. When considering the case point to this circumstance.
As types and types of gages there is a lot of, it is possible to face both a frank arbitrariness of traffic police officers, and their incompetence. Each device has to be used in strict accordance with the maintenance instruction, but who reads them.
Be not too lazy to find in the Internet the instruction to the radar applied in your relation. Depending on radar type important: whether the radar, what range of action where and as it has to be established has to be fixed. It is known that the radar can give an error, for example, at impact of direct sunshine on it. The same comes in case of heating of a radar from a heater of inside of the car. The radar taking measurements ahead of and behind the going cars in the movement demands from the driver of the militia car to observe dispersion of its speed of the movement + / - 5 km/h, otherwise the error can be considerable.
The driver is not always obliged to bear responsibility for violation of the high-speed mode . Very often on the route before a post of traffic police or in other places it is possible to see the sign “ 40 “. You go with small violation of the set high-speed mode to 90 km/h, namely 100 km/h and you get under responsibility under article 12. 9. 4 Administrative Code. Certainly, such attraction is illegal.
In GOST P 52289 - 2004 of item 5. 4. 22 it is specified that the signs “ Restriction of the maximum speed “ cannot establish speed less than on 20 km/h, in relation to the previous site. Thus, for introduction of the mode it is necessary to set restrictions of speed several signs. For example, out of settlements the allowed speed makes 90 km/h. In need of restriction of speed to 50 km/h, at first the sign limiting the movement to 70 km/h, and only after that in 50 km/h has to be established.
In some cases the driver can not see a road sign that unintentionally will lead to violation of the introduced high-speed regime. In order to avoid it, according to the same GOST of item 5. 1. 6, follows that on roads with number of strips two and more for the movement in this direction the duplicating sign " has to be established; Restrictions of speed “ it is also established or on a dividing strip, or on a roadside at the left, or over the road. If such signs are absent or are established with violation of the established requirements, attraction you to responsibility is illegal.
Automatic fixing of violation by chambers with the built-in radar is applied on roads of our country not so long ago. If above we said that it is not much facts confirming your guilt and the majority of them can be challenged procedurally, then in a case with video fixing your fault is considered unconditionally proved. Thus, in order to avoid responsibility for speeding it is enough to prove to you that driving the car specified in the resolution you were not.
The copy of the issued power of attorney, the tickets confirming your absence, testimonies of witnesses etc. can serve as the proof. At the same time, if article 12. 9 has as we spoke, several parts establishing a responsibility threshold depending on speeding level, in a case with video fixing in the automatic mode punishment in the minimum limit set by article is applied to the violator.
Do not exceed speed! Safety as yours, and other participants of traffic depends on it. Do not break! Good luck on roads.