What to do with transit numbers on the car?
B of one of the previous articles we considered the question connected with qualification of violation for driving without registration signs.
If with the state registration signs everything is clear, then questions with transit numbers very much and many. Let`s try to understand, for lack of the signs “ transit “ and for management of the HARDWARE with overdue signs of the inspector rather often attract according to the p. 2 of article 12. 2.
It is known that the state registration signs are given on the basis of passing of procedure of registration of the car and its statement for the account. As the driver receiving transits did not pass such procedure, registration signs on legal grounds were absent.
However responsible violation is based that the available special production “ TRANSIT “ it was not established properly on glasses of the car or it was overdue. In this case it is necessary to pay attention that “ TRANSITS “ do not belong to the category of the state registration signs, and treat the category of special production, which also treat:
- the passport of a technical tool;
- the certificate on registration;
- the coupon of GTO;
- the state registration signs.
The state registration signs belong to the category of special production, as well as “ TRANSITS “ but are different according to the destination .
The Supreme Court of the Russian Federation in the explanations specified that “ signs “ Transit “ are given for the cars which are temporarily allowed to participation in traffic and before receiving constant state registration signs. Therefore in case of driving with the overdue registration signs “ Transit “ the driver can be brought to administrative responsibility under article 12. 1 Code of the Russian Federation on Administrative Offences, but not under article 12. 2 parts 2 Codes of the Russian Federation on Administrative Offences “. Same
concerns also management with the available, but not established signs. Delay “ transits “ it is actually equated to their absence, respectively, punishment has to be equivalent.
for the first quarter 2006 it is specified in the review of jurisprudence by b: according to the requirement of state standard, on the vehicle two state registration signs in the places provided for this purpose have to be established. Part 2 of article 12. 2 Codes of the Russian Federation on Administrative Offences are provided by responsibility for management of a car without two registration plates. Lack of one registration sign does not form structure of an administrative offense by part 2 of article stated above. Taking into account that one of registration signs is available to a review, such offense should be qualified as regards 1 article 12. 2 Of the Code of the Russian Federation on Administrative Offences.
Apparently, the speech in the review goes only about the state registration signs of the cars allowed to participation in traffic on a constant basis.
There is also one more important moment concerning of installation of transits . Let`s address installation of the state registration signs and special production “ TRANSIT “. The state registration signs are established in the place determined by manufacturer, and their fastening is carried out how it was provided by manufacturer, leaning on GOST.
Requirements, standards, and also state standard specification to a poustanovka or fastening of special production “ TRANSIT “ does not exist in view of what it is unclear as well as than to carry out their fastening on glass. I asked this question IDPS, and also the judge, however did not receive the answer. When fogging glass in winter conditions special production “ TRANSIT “ during one - two days it will be destroyed. Fastening by an adhesive tape, and also other materials is not provided, and at their use involves damage of special production, and also car details. How under the law it would be necessary to arrive with the specified special production? In normative documents of the answer to this question is not present.
The objective party of an offense according to the p. 2 of Art. 12. 2 - deliberate removal of numbers that there was no opportunity to identify the car. If the driver deliberately removed registration plates, then malfunction “ lack of numbers “ arose and operation is forbidden. In a case with transits there is no structure of an offense under article stated above as:
- “ TRANSITS “ are not the state registration signs, namely about them there is a speech in St. 12. 2. 2 Codes of the Russian Federation on Administrative Offences;
- are absent established by manufacturer, state standard specification, other normative documents of the rule of installation and fastening “ TRANSITS “.
Nevertheless, remember that it is better to prevent a meeting with the inspector, than then long to prove the case! Do not break! Do not create the excess conflicts! Good luck on roads!