The conscience of the driver is? Police on the roads

Совесть у водителя есть? Как работает полиция на дорогах

What cops do on the roads

A speed limit of 50 km/h, granting newcomers a period of two years and video fixation of violations — how it works and whether it works?

From 1 January 2018 in Ukraine entered into force changes to the Rules of the road. While this applies to speed limits and changes to the licensing. But for anybody not a secret that this is only the beginning. Berries ripen after the Verkhovna Rada will adopt a package of amendments to traffic rules, proposed by the Ministry of internal Affairs, writes Olga Buividovich in No. 2 magazine Reporter. Besides in front of the drivers face higher fines and the return to video recording, which tried to introduce in 2010 and then abolished by the decision of the constitutional court, as well as stricter liability for driving while intoxicated.

Militiamen perceive all innovation — future and present — in a very positive way. But the experts and the drivers this time presented a United front in most of these novelties meet with hostility.

Speed limit

According to the Decree of the Cabinet of Ministers No. 883, in settlements drivers should travel at a speed not exceeding 50 km/h As claimed by the initiators of these changes before you introduce such measures, we have studied the international practice and all previously conducted studies, including the world health organization. And says first Deputy head of patrol police Department of Ukraine Alexey Biloshitsky, research based on time of human response in emergency situations proved at the speed of 50 km/h the probability of fatal consequences is much lower than speed of 60 km/h (see page 22).

“Therefore, European countries have long been in the settlements the speed limit is 50 km/h And we had this limitation. It’s not someone’s wish. This innovation, which will save many lives,” says Biloshitsky.

The drivers are quite skeptical about the new rule, despite the fact that it is aimed at the preservation of their life, liberty, and the prevention of accidents with their participation. Partly because I think the speed of 60 km/h existing before it, so too slow, partly because while their for exceeding the 50 km/h, no stops and not fines. After all, no video system, no devices, which the police could prove their infringement, are not yet enshrined in law.

However, there are those who perceive the innovation is only partially. For example, as we said driver with 35 years of experience Vadim Banetsky this limitation should apply only to inter-district streets and streets with a large number of transport and crossing of roads by pedestrians: “the Main highways with underpasses or differentiation (concrete wall, the tram track), for example, in Kiev it concerns the Victory Avenue, the street borshchahivska, promenade, prospectus Bazhana and Bandera roads with Troyeshchyna to the Moscow bridge, it is possible to control just by hanging the sign 80 km/h, it would be logical”.

However, given that, according to these changes, local authorities will be able to correct the speed on certain streets, where will be installed the permissive signs. But again, it depends entirely on the driver.

The new procedure of issuing rights

Another change, regulated by Resolution No. 885, which came into force on 1 January 2018, concerns about obtaining a new driver’s license. They will now be issued for a period of two years. During this time not only to exceed the speed limit over 70 km/h, but also to commit more than two offences. If all of this will be able to comply, then at the end of the lucky ones waiting for “carrot” in the form of renewal of driving license for up to 30 years. If not, then there is the “carrot” can not be avoided — go for the Desk to pass the exams.

According to Beloretskogo, this applies primarily to service centers. And of course, for novice drivers, which will now simply be forced to drive more carefully than if this restriction were not.

But there is another side of the coin. In the opinion driver with 8 years of experience Victor berestneva this change is a further flourishing of corruption and bribery: “In the centers, issuing rights, despite the reforms in the judicial system, relatively high levels of bribery and corruption. All the tools to fill any person they have. Therefore, the input order is not very right.”

Much better, according to the Berestnev, to concentrate on the road and control right away for the offense and not force the driver to go on the second circle all the trials.

How it will control

Ironically, however, despite the fact that these two rules came into effect on 1 January 2018, a monitoring system, especially for speeding, yet. This applies both to the legal side of things. At the moment, as said Correspondentially, preparing the necessary legal basis to run the video system.

At the same time for its launch are being developed technical standards. “Everyone has seen the experience of 2010 when it introduced a system of auto-commit, which was imperfect, both from the technical and legislative side. And in fact, the decision of the constitutional court it was leveled,” he says.

There is one more obstacle on the way of implementation of video system — the cost. Says an expert on questions of legislative ensuring of safety of traffic Vladimir Karavaev to implement all this complex system, you need at least $457 million, and such money from the state for these purposes now, no. While it is allocated only five percent of the required amount. “Yes, there are investors who wish to invest money in it, but they, remembering the experience of 2010, ready to do it only when they are convinced that the adopted law does not contradict the Constitution of Ukraine”, — said the caravan.

That is why, say in the interior Ministry, not to step on the same rake, the process is now much more thoroughly than eight years ago.

As for the measurement of speed, while the police are unable to use them. It is necessary to accept the change to article 40 of the law on the National police. Leaving the police will have the right to use for fixing the rate of technical devices that do not work in automatic mode. As long as these changes are not accepted, for speeding over 50 km/h to stop will not. As and fine.

It would seem, why, then, was to accept the innovations, since there is no system of control and responsibility? According to Biloshitsky, now, as always, everything depends on the knowledge of drivers. Because of the changes that they do not act to ensure that all proceeded from the position “if not controlled, it is not necessary to adhere to established rules.” Legal culture is the first thing that must be raised in order to achieve results, including in terms of road safety. So I think law enforcement officers. And we think that there is responsibility for the violation of a norm, the norm, alas, remains inoperative.

Now the control system of such violations does not work because of loopholes in the legislation. As told the Correspondent the commander of patrol police senior Lieutenant Dmitry Krishtopov police can’t do anything about those who travel more than 50 km/h. “Even if you stop, then how to prove that there was an excess? The driver will claim that you drove 50 km/h to Measure nothing. Therefore, a court is challenged,” he says.

The new fines and rules of conduct

There is another bill number 7286, developed by the Cabinet, which proposed to toughen the punishment for driving a car without a license and for leaving the scene of an accident and increase the liability for speeding as well as allow police officers to use technical means to measure speed. In the future, according to the bill number 7286, proposed to allow police to stop any vehicle to check the driver for alcohol intoxication, and conduct the test without a witness: during the stop the driver is obliged to stop the engine, put both hands on the wheel or leave the car with the passengers.

It is also suggested for leaving the scene of an accident not only to fine 3.400 UAH, but also to take away the right for a period of six months. For the management of the vehicle by the driver without rights, fine want to increase 20 — fold to UAH 10.200. In case of a repeated violation — up to 40.800 UAH. Those who got behind the wheel when they are already deprived of rights, are going to fined 20.400 UAH, and for those who over the years have repeated the violation, the fine amount will increase in two times.

It is clear that not very much people’s elected representatives, that is why the bill number 7286 was returned to the Cabinet for revision. To this we can add that the relevant Committee of the Verkhovna Rada in the conclusions of the document indicated that some suggestions have corruption component.

Parking and towing

The second bill No. 5364, which refers to restore order in Parking lots and auto-commit offences, was adopted at the end of 2017, signed by the speaker of the Verkhovna Rada Andrew Parubiy and has already been sent to the President for signature.

It proposes to allow the police, without waiting for the driver to fix the car parked in the wrong place, on video or camera, and then, issuing a penalty charge notice, attach it on the windshield of the car. However, the question arises: if the car was stolen and the owner for some reason has not had time to inform where follows, what then? Fines still will be imposed.

Expands the rights and Parking inspectors who will be able to issue such notifications.

Thanks just adopted, but not yet signed the law, local authorities will be able to create a city service municipal inspectors whose job it will be to the observation of order in the Parking lots. Their powers will be similar to the rights of police officers: they will be allowed to take pictures unattended vehicle, then request the Unified state register of vehicles of the owner, and then enter data on the offender Ordinance violation.

In turn, the driver will be informed of the reason for the sanction. And all information about the offense and penalties for it, the driver will be able to track on the website, where it will be displayed and the amount of the fine. In the case of payment for a period of 10 days he’ll even give you a 50% discount, but in the case of non-payment for 30 days — the amount will double.

Another change for Parking. If the driver forgets to pay for Parking, its proposed fine is 20 times the size of the corresponding rate. If he were to leave the car on the spot for people with disabilities, then the penalty will have to pay is 30-fold. By the way, now the fine for Parking in these areas is only 1.020 UAH.

Is regulated by the law and the tow. If the car is parked on the roadway in the second row or on the bridges, the tramways, on the bridge, close to public transport or railway crossings, it may be towed without even notifying the owner.

On the one hand, nothing unusual in the law no. But will sign if it Petro Poroshenko is a big question, because in the comments of the Main legal Department speaks directly to the discrepancy of the bill’s five articles of the Constitution. First of all, it concerns fixing violations on camcorder or camera without the presence of the owner.

As stated in the comments, “in case autocommit or lock in the camera mode (video) of a particular vehicle at the time of committing an administrative offense the offender (driver) automatically, without evidence of his guilt will be considered as the person of the aforementioned entities. the following provisions of the draft contradict the norms of the General part (articles 9 and 33) and article 268 of this Code and article 61 of the Constitution of Ukraine”. In addition, this law is not in conformity with article 8 of the Constitution, which refers to the action in Ukraine the rule of law, part of which is the requirement of a legal definition and clarity of the law and article 143 and article 67 on local self-government. However, violation of article 41, according to which no one may be unlawfully deprived of the means of ownership, and article 92 relating to offences, liability for which is determined exclusively by laws of Ukraine.

If the law is signed by the President, then, according to Karavayev, it will give drivers affected by the so-called letter of the law, the green light for going to the courts. Given that now filing claims much easier (they can be send to court certified mail), it is unlikely the patrol police anything will benefit from this, as, however, and the state budget, since revenues from such penalties would be negligible.

Drunk driving — criminal

Another bill No. 6679, registered in the Parliament in July 2017, is the introduction of penalties for driving while intoxicated. Parliamentarians have proposed to increase the penalties to 40 thousand, but to take away the rights of the worst offenders for a period of three years. That is not surprising, according to a who statement, the majority of accidents, including fatalities, is because of the alcohol content in the blood. The aim of the project is to increase road safety due to the reduction in the number of drivers who sat behind the wheel while intoxicated. I think if the law is adopted, the number of offenders significantly reduced. After all, not everyone in his pocket at the time of stopping will be 40 thousand UAH.

Separately, the interior Ministry propose to amend article 286 of the criminal code of Ukraine concerning strengthening of criminal liability for violation of traffic Regulations, being drunk. In particular, for an accident that led to bodily injury of medium gravity, toughen the penalties — imprisonment for up to three years, while at the same time deprived of the right to control the car. But for committing accidents causing serious damage, the punishment will be more severe — imprisonment for the term from 7 to 12 years, also want to ban driving cars for a period of 5 to 10 years.

How does this work?

On the one hand, despite all the contradictions present in these bills, almost all of them aimed at the good drivers. And the speed limit, and stricter Parking regulations, and the penalties for driving while intoxicated. On the other — after taking all of these laws, especially in the state where they are now, the Ukrainian courts, already swamped with lawsuits, just expecting a flurry of statements.

This is especially true of act No. 5364. “We have a saying that the Constitution is violated. But do not forget that we have the courts, clearly adhering to the basic law of Ukraine. Any judge considering a case, see if there are any contradictions with the Constitution. And if they are, no self-respecting judge did not render a decision contrary to it”, says caravan.

In the words the lawyer Ivan Lieberman any action of the police can try to challenge in court. However, for this to work. First, to bring to court evidence — photos, video from the scene of the accident, even if taken on their own phone. Possibly, if the place of infringement traveled journalists, to make law request to the broadcaster to give the video that it will also be possible to attach to the case materials.

“But the most important is expertise. Their five Grand — avtotovarovedcheskaya, transport-and-technical, road, fire-technical and medical. Depending on what the situation, ordered one or the other expertise,” says Lieberman. So if the driver is not guilty, he will go straight to court to challenge the actions of law enforcement officers.

This is especially true of those who have been arrested for driving while intoxicated. According to Karavayev, of all the detainees on this basis, only 10% were punished. In this case, one of the reasons not only that, the violators of good lawyers, delaying proceedings, and that the police do not always survive the procedure to check the driver for intoxication. “When the judge sees that it is not complied with basic procedural rules, he just refuses the police,” he says.

To summarize, we can say that the severity of the new legislation with a vengeance kompensiruet by not having their performance and lack of real responsibility for their violation.