What is a special signal and in what case deprive of the rights? Part 2
In last article we began to consider the question connected with installation of light special signals and understood how it is possible to define legitimacy of these or those actions of officials and judges. Let`s continue this subject.
What is retroreflective devices of red color which it is also mentioned in article 12. 5. 3? Under this description any reflector, except orange, yellow or white color gets.
Whether the reflector which is earlier removed from the bicycle, that retroreflective adaptation is? Yes. According to the explanatory dictionary, adaptation is the subject, the special device, by means of or by means of which some work, action is made; device, mechanism, device. Thus, under the above-stated violation it is possible to bring including fastening of numbers the bolts having red reflecting tips with their help is carried out light reflection function.
We talked about driving with installation of devices on it for giving of signals, but also installation on the vehicle of special devices also provides administrative responsibility. Article 12. 4 Administrative Code. Violation of the rules of installation on the vehicle of devices for giving of special light or sound signals or illegal drawing special tsvetografichesky schemes of cars of field services.
Item 2. Installation on the vehicle without the corresponding resolution of devices for giving of special light or sound signals (except for the security alarm system), - attracts imposing of an administrative penalty on citizens of two thousand five hundred rubles with confiscation of the specified devices.
In all cases of implementation of the protection it is necessary to pay attention to the fact whether the car actually is allowed to operation and whether conforms to safety requirements. Confirmation of the admission is the coupon of the state technical inspection. Thus, in actions of the citizen there will be no wine, both in the form of intention, and in the form of imprudence.
It is also necessary to pay attention to goods or the device. Whether there are these goods in free sale and whether have the corresponding certificates. And here a similar situation with installation of sound signals about which we will talk a bit later.
In all regulations it is given to definition of special signals : flashing indicators of blue or blue and red flowers, special sound signals. As no concrete parameters of a special signal are specified in one normative document, it is necessary to address GOST. What to do in cases when, for example, the device model is established? Undertakes, for example, the flashing indicator of blue color and from it all internal devices are removed, plus is removed a food wire. The indicator is installed on a roof of the car or in its salon.
We will consider this installation according to Art. 12. 5th part 4 Administrative Code. Driving on which without the corresponding permission devices for giving of special light or sound signals are installed (except for the security alarm system) - attracts deprivation of the right of control of vehicles for a period of one year till one and a half years with confiscation of the specified devices.
Again we will address the explanatory dictionary - without neg this business to us anywhere. What is understood as special light and sound signals, we already found out and now it is necessary to specify what means the word “ " device;. The device - the mechanism or a design. The design, in turn, is understood as structure, the plan, a relative positioning of parts of some construction, a structure, the car, and also device. Actually - synonyms.
We exclude all superfluous and in the analysis we establish that the subject which turned out as a result of change of a design became no more than an element of this design, therefore, is not at the moment the device. The subject cannot give light signals, as as it was already told, there are no necessary elements of a design. Therefore, responsibility for installation of a model of the device on the car is not provided. Also I consider
necessary to consider also other type of offenses when, on the one hand, the device has to be installed, it is established, but is absent the corresponding permission . Following the law, the subsequent elimination of the established offense which is that permission was got, does not involve either determination of proceedings, or cancellation of the decree issued earlier.
The flashing indicator is installed on the vehicle for safety at its movement and on the basis of the letter of Gostekhnadzor of the Russian Federation. Absence or malfunction of flashing indicators of yellow (orange) color on the vehicles registered by bodies of Gostekhnadzor in cases when according to item 3. 4 traffic regulations their use are obligatory, are the administrative offense provided by Art. 9. 3 Codes of the Russian Federation on Administrative Offences.
Thus, existence and use of this flashing indicator is obligatory. The citizen fulfills the requirement of traffic regulations and carries out the safe movement - safety first of all, but has no mark of Gostekhnadzor. Observance of traffic regulations of the Russian Federation regarding safety for other participants of traffic is priority, but not from the point of view of the law. There is a fact of illegal installation, article does not provide exceptions in the Administrative Code, therefore, application of article involving responsibility in the form of deprivation of the right of management will be lawful and reasonable.
There now also the questions connected with installation of light special signals and retroreflective devices ended. I am still ready to answer any your questions and to provide comments on this subject, and in the nearest future wait for continuation in which we will deal with not less important question connected with installation of devices for giving of sound signals. See you again!