What is a special signal and in what case deprive of the rights? Part 3
Today we finish consideration of the questions connected with installation of special signals on civil cars. The last question which is not considered by us concerns installation and use of sound signals.
The kryakalok, installations of sirens and connection them to a car signal is a lot of disputes about various. And the majority of such disputes are solved not in favor of the driver. Installed the device for giving of signals bought in the market and which does not have a direct bearing on those devices which are used by the relevant services? Prove it.
As the proof confirming impossibility of involvement of the citizen to administrative responsibility according to Art. 12. 5. the p. 4, serves the addressing the National state standard specification P 50574 - 2002 Standard and the resolution of the Government of the Russian Federation of September 17, 2004 N 482 “ About streamlining of installation and use on vehicles of special signals and the special state registration signs “.
For objective and comprehensive consideration of the case it is necessary to study item 3. 11.: a special sound signal - the device intended for giving in the conditions of traffic of special sound signals of a certain spectral structure. Thus, it is about a certain spectral structure in view of what any device cannot be recognized as a special sound signal if its sounding does not correspond to the established spectral structure. Certainly that establishment of belonging to a special sound signal has to be carried out by experts , but not the traffic police officer in road conditions, as they say, aurally.
Point 6. 1. 2 notes that devices for giving of special light and sound signals have to be certified according to the rules and procedures approved by Gosstandart of Russia. Thus, if the used device is not certified, it cannot be called “ special sound signal “ and to belong to this category. As well as in a case with light signals which we already sorted bought on a car market or even in shop of the device, as a rule, have no certificate and if have, then the task has to be set for traffic police and court in the form of the petition - to establish existence or lack of the certificate.
According to pct 6. 3. 1, the special sound signal has to have the changing main frequency. Changes of the main frequency have to be from 150 to 2000 Hz. Respectively, signals also cannot reckon as special devices for giving of sound signals with changes of the main frequency from 50 to 149 Hz. If there is a passport of the device - show it in court. The passport of the device does not admit the proof - demand carrying out examination. This right is affirmed in the Administrative Code.
6. 3. 2 Duration of a cycle of change of the main frequency of a special sound signal - from 0,5 to 6,0 seconds. It is clear, that the signal sounding more than 6 seconds will be unambiguously perceived as a continuous signal as, for example, a car signal.
6. 3. 3 Level of sound pressure of the signaling device when giving a special sound signal should not be lower:
of 116 dB(A) - at installation of a radiator of a sound on a roof of the vehicle;
of 122 dB(A) - at installation of a radiator of a sound in podkapotny space.
Investigating requirements, once again we come to a conclusion that only the expert is capable to define all characteristics stated above. The judge or the inspector claim, as so everything is clear and for obvious things no expert is necessary - get into dispute. Give, for example, excerpt from the note in which it is specified that the level of sound pressure of a special sound signal measure at distance 2 m from a sound radiator on an axis, perpendicular to the plane of its exhaust outlet. What it will be answered by the judge or the inspector?
We will draw a preliminary conclusion . The main criteria for evaluation of a sound signal are parameters of tone and volume of sound. A special signal, according to characteristics, will be the signal changing the tonality with a certain frequency is considered, and a sound signal of acoustic installation, especially being one-voice-frequency and not changing the frequency as the siren signal, does not admit a special signal.
According to GOST P 41. 28 - 99 “ The Uniform instructions concerning approval of sound alarm devices and cars concerning their sound " alarm system; the sound alarm device which can be installed on the civil car has to make a continuous and monotonous sound with the level of acoustic pressure no more than 118 dB. We establish a maximum level of sound pressure of your acoustic device including according to the passport of this device. If the level of less specified parameter - any claims become unreasonable.
Protect yourself! Do not give the chance to dishonest inspectors “ to part “ you if everything was made according to provisions of the law! Do not break! Good luck on roads!