The traffic police does not issue a certificate. Accident without traffic police

From October 20, State Traffic Inspectorate employees will stop issuing traffic accident certificates to participants in accidents. According to the head of the traffic police department, special events and law enforcement activities of the traffic police, Alexander Bykov, this item was removed from the new administrative service, which will come into effect on October 20, writes "Russian newspaper" .

In this regard, motorists may have a problem with insurers, since the mentioned certificate from the traffic police is specified in the insurance rules as one of mandatory documents. Since the traffic police will no longer issue such certificates, insurance companies will have a legal reason to refuse to accept documents for payment of compensation, the publication notes.

Until 2014, a certificate of an accident was indicated in the rules of MTPL insurance, which were approved by the government of the Russian Federation, therefore the mandatory issuance of this certificate remained in the regulations of the Ministry of Internal Affairs. But in 2014, the Central Bank began to approve insurance rules, which cannot give instructions on the activities of the Ministry of Internal Affairs.

A conflict has arisen: the government decree does not provide for a certificate of an accident, but the rules approved by the Central Bank do have one. Over the years, the State Traffic Inspectorate has repeatedly contacted the Central Bank with a desire to change the insurance rules and remove the obligation to provide a certificate of an accident, but in vain. As a result, the insurance rules now contradict the traffic police regulations, the article says.

From October 20, if an accident required registration with the help of traffic police officers, then the maximum that participants in an accident will be able to receive are procedural documents, for example, a ruling refusing to initiate an administrative case or a ruling imposing a fine. Participants in the accident will be able to obtain other documents in the same manner.

As the traffic police said, protocols, resolutions, definitions and other documents will describe the whole situation as much as possible: how many and what cars were involved in the accident, what damage they received, data of car owners and drivers, compulsory motor liability insurance policy numbers. The driver will still be required to fill out an accident report with a diagram of the accident and submit it to the insurance company. The form of this notice is issued when purchasing an MTPL policy.

As reported by the Russian Union of Insurers (RST), insurance companies are guided not by the rules approved by the Central Bank, but by the law on compulsory motor liability insurance, where in paragraph 5 of Art. 11 states that “to resolve the issue of implementation insurance compensation The insurer accepts documents regarding a traffic accident drawn up by authorized police officers."

At the same time, the insurance rules stipulate that the driver must also provide a certificate of the accident. As a result, the driver may be refused to accept documents or pay compensation on the grounds that, according to the rules, the entire package of documents has not been submitted, the newspaper indicates.

The MTPL law requires participants in an accident to fill out accident notification forms, but this can become the basis for compensation under MTPL only in one case - when the conditions of the “Euro protocol” are met, which is confirmed by the signatures of two drivers in the completed notification of an accident.

The State Traffic Inspectorate explained to its employees that the information required by the insurer will be included in the road accident documents. Upon request, the injured policyholder will be issued a copy of such a document, which he can submit to the insurance company. But the rules of compulsory motor liability insurance, if we are not talking about the “European protocol,” do not provide for such documents, the publication emphasizes.

As a result, the number legal proceedings against insurance companies may rise sharply. At the same time, there is a threat of an increase in the number of cases of insurance fraud, since it will become profitable to outbid obviously winning claims against insurers, notes RG.

Motorists need to prepare for a number of innovations: it comes into force on Friday new regulations DPS for traffic supervision. Certificates of road accidents are being cancelled: inspectors will no longer issue them, and insurance companies, in theory, should no longer require them. In addition, automatic cameras will now appear in temporary sign areas yellow color limiting speed during repair work. Representatives of the traffic police explained these and other innovations two days before the document came into force.

On Friday, October 20, Order No. 664 of the Ministry of Internal Affairs comes into force, which establishes new regulations for the traffic police for supervising traffic. The previous regulations, approved by Order No. 185, are cancelled. All provisions of the document have already been communicated to 55 thousand traffic police officers.

Road accident certificates are canceled

Perhaps the main and most revolutionary innovation, which could potentially simplify (or, conversely, complicate) the lives of car owners, is the abolition of road accident certificates, which required considerable time to obtain: this document will become a thing of the past starting from October 20, inspectors will no longer issue them will not. These certificates are required by insurance companies to settle losses and subsequent payments. In cases with compulsory motor liability insurance, this requirement is contained in the regulation of the Central Bank No. 431-P of 2014, in cases with CASCO - in internal documents every insurance company.

The head of the traffic police and special events department of the Russian State Traffic Safety Inspectorate, Alexander Bykov, explains: the issuance of certificates has not actually been provided for for a long time, and the Ministry of Internal Affairs does not have the authority to approve the form of a certificate of an accident. In fact, in last years inspectors were not supposed to issue such documents, but this was the practice. This practice ends on October 20. The traffic police say that they warned the Central Bank about this and Russian Union auto insurers for more than a year at all meetings.

The department believes that there will be no collapse due to the innovation, because after the accident the injured driver receives a copy of the protocol or a copy of the resolution in the case administrative offense- all these documents contain the information necessary for the insurer; they can be presented to a company employee.
In addition, it is the driver’s responsibility to completely fill out accident notifications in the event of an accident and also submit the document to the insurance company, the traffic police remind.

One way or another, the formal requirement of insurers to require a certificate for compulsory motor liability insurance remains: Central Bank Regulation No. 431-P is valid in old edition. The law on compulsory motor liability insurance (Article 30, paragraph 7) specifies the obligation to present a certificate in the established form.

The press service of the Russian Union of Auto Insurers (RSA) confirmed to Kommersant that it is impossible to simply refuse documents with information about an accident. The organization refers to paragraph 5 of the law “On Compulsory Motor Liability Insurance”, according to which “to resolve the issue of insurance compensation, the insurer accepts documents on road accidents drawn up by authorized police officers.” Without a certificate, you can register an accident only according to the European protocol (subject to certain requirements). In other cases, the RSA explains, “the law does not give the insurer the right to consider one driver a victim and the other responsible if there are no documents drawn up by the police.” " Administrative responsibility does not occur in all cases where a car collision occurs, for example, if the driver did not take into account weather conditions and visibility in the direction of travel,” the organization emphasizes.

According to RSA, the traffic police is now preparing explanations for employees regarding the inclusion of the necessary information about the accident (which was previously in the certificate) in other documents about the accident: we are talking about a copy of the decision and a copy of the protocol, which will be issued to the injured policyholder. “We expect this procedure to work,” the organization says. IN otherwise, if a citizen does not bring any documents to the insurance company, then the applicant will have to go to court for compensation for damage, the RSA warns, which will “establish the distribution of responsibility for causing harm.” “The Russian Union of Auto Insurers believes that such a procedure is extremely inconvenient for citizens,” the union emphasizes. And we don’t even risk guessing how much this will delay the time frame for making compensation.”

“We are aware of the situation and are glad that car insurance is becoming clearer and more convenient for clients: barriers and time frames for collecting documents to receive payment are being reduced,” AlfaStrakhovanie official representative Yuri Nekhaichuk explained to Kommersant. “But you can’t just cancel the certificates. There is a fear that we will first see a surge in insurance fraud, and when we start to fight it, some clients may accuse their insurers of delaying the settlement procedure. Although companies will just need time to confirm the loss, that is, to receive the same data that was previously in the certificates.” According to Mr. Nekhaychuk, building new algorithms and changing internal processes will also take insurers “some time.” He noted that from October 20, certificates of road accidents will no longer be required in cases of settlement and comprehensive insurance - the corresponding changes will be made to the company’s internal instructions. “We sincerely hope that the innovations are thoroughly thought out in advance, thoroughly synchronized and coordinated with other authorities and will exclusively benefit all participants traffic“says Yuri Nekhaychuk.

Cameras in repair areas

Another important innovation is related to the use of automatic cameras: they will now appear in areas where speed limits are limited by temporary yellow signs. Legally, it looks like this: in the old order No. 185 there was the phrase “the use of automatic means of fixation in places where traffic restrictions are established by temporary road signs is not allowed,” in the new order 664 this restriction has been removed.

Alexander Bykov from the traffic police confirmed: the systems will be used in these zones. Statistics have shown that the number of accidents in road narrowing zones (introduced due to repairs) is growing - stronger control is required. Such cameras will be installed by road owners special rules, which were developed by the State Traffic Safety Inspectorate and have already been transferred to Rosavtodor. For example, the repair period must be fixed: after its expiration, the traffic police will stop issuing “chain letters” from the temporary camera, even if it has not been dismantled. Mr. Bykov also clarified that dummies and simulators of the systems will be used so that drivers can see them and reduce speed: it is not always financially possible to install a full-fledged device.

Rosavtodor explained to Kommersant: an initiative to administer facts traffic violations at production sites road works was originally proposed by road workers. “This measure will reduce the number of accidents associated with drivers exceeding established temporary speed limits in places where repair, reconstruction and improvement of the road network are being carried out,” the press service of the road agency explained to Kommersant.- Now this type violations is one of the common causes of accidents.”

Stopping drivers at traffic police posts

From October 20, traffic police officers will have the right to stop cars to check documents anywhere on the road, not only at traffic police posts. As Alexander Bykov explained, the number of posts has decreased threefold in recent years, but the number of citizens driving cars without a license has increased (2 million cases in 2016 alone) - strengthening control is required specifically on the road network. In this regard, the expansion of the rights of inspectors is quite conditional, because until now a traffic police officer could stop and check documents outside the post under various other pretexts: suspicion of committing a violation, conducting a special event, raid, etc. The point is simply that Now there are more and more excuses to stop the car.

Communication with the driver: do not be rude, do not smoke

A number of innovations are related to the communication between the inspector and the driver. So, if in the old regulations there was a requirement to transfer documents without a cover, then from October 20 a new rule is added: documents must be transferred without “holding devices”. We are talking about cases when drivers attach a chain to documents and thereby prevent the inspector from taking them into the patrol car.

The procedure for communicating with the driver is described in detail. The inspector will be required to exclude statements and actions of a “discriminatory nature on the grounds of gender, age, race, nationality, language, citizenship, social, property or marital status, political or religious preferences.” Also, the employee should not be rude, arrogant, make “prejudicial remarks,” make “offensive expressions or remarks,” or actions that “provoke illegal behavior.”

The traffic police separately clarified the situation regarding smoking. The fact is that in the original version there was a rule prohibiting a traffic police officer from smoking when communicating with a driver, but in final version regulations she disappeared. Alexander Bykov explained: this does not mean that inspectors will be allowed to smoke and “smoke in the faces” of drivers: “We have a standard code of ethics official behavior civil servants, this norm is included there, so we proceeded from the fact that the norms should not be duplicated.”

Is it possible to film a conversation with an inspector?

The rule regarding video recording of a conversation with an inspector sparked an active discussion on social networks. In the 185th order of the Ministry of Internal Affairs there was the phrase: “An employee must not interfere with the use of video and sound recording equipment by a road user, unless prohibited by law; the employee must inform the road user making the recording about the existence of the prohibition.” This phrase is absent from the new regulations, and this was perceived by many as the appearance of a de facto ban on recording. Mr. Bykov explained: this is not so, the inspector has no right to interfere with video recording, this constitutional law citizens.

Therefore, in most ordinary situations, video recording can be carried out, as it is now, with the only exceptions being situations described in the law “On the Police” and “On Operational Investigative Activities.” For example, if a driver films on his phone accident scene and interferes with the inspector, he may demand to stop filming. Another case: a counter-terrorist operation regime has been introduced in the region, the traffic police officer must inform the driver about this and also ask him to turn off the camera, he will have to obey. The traffic police noted: the inspector himself also has the right to film, not only on the service video recorder, but also on his own mobile phone.

Changes in inspection rules

The old regulations included a rule that obliged inspectors to return drivers after medical examination from the hospital to the car (if intoxication was not detected). The new regulations clarify that the car owner must be returned after an examination, which is carried out by an inspector using a breathalyzer. There are cases, Mr. Bykov explained, that this check takes place at the traffic police post, where the driver must be taken and then, accordingly, returned.

Technical changes

Some of the changes are technical in nature and are not innovations as such. For example, the possibility of withdrawing driver's license and removal of numbers - these measures have previously been excluded from the legislation and are not applied. Now the inspector can present not only the traditional paper policy MTPL, but also an electronic printout (the corresponding law was adopted back in 2016). There was quite a lot of discussion about innovations supposedly related to covert patrolling. But in reality, nothing has changed: this form of traffic control was allowed before. Alexander Bykov explained that by default a traffic police patrol car should be visible from afar, but in exceptional cases it can be placed behind a bus stop or behind a hill. For example, when a section of the road is recognized as dangerous, additional control is necessary, but a patrol car can only be parked in certain places, Mr. Bykov explained: inspectors are prohibited from deliberately making sure that drivers do not see the police car.

On October 20, 2017, Order No. 664 of the Ministry of Internal Affairs of Russia dated September 23, 2017 “On approval Administrative regulations execution by the Ministry of Internal Affairs Russian Federation state function on the implementation of the federal state supervision over compliance by road users with the requirements of the legislation of the Russian Federation in the field of road safety.” The order was developed to replace the existing administrative regulations approved in 2009.

Termination of issuing certificates of road accidents

The new administrative regulations exclude provisions providing for registration of an accident issuance by police officers of a certificate of accident to participants in the incident.

That is, starting from today, when registering an accident, police officers will draw up exclusively procedural documents provided for by law. This, in particular, is a determination to initiate a case of an administrative offense and conduct administrative investigation, either a protocol on an administrative offense, or a resolution on a case of an administrative offense. The primary procedural document will briefly reflect the information that was previously contained in the accident certificate (information about vehicles and their damage, MTPL insurance policies, participants in the accident).

Thus, a separate certificate of road accident will not be issued.

Stopping drivers by State Traffic Inspectorate officers to check documents

Due to the fact that the number of traffic police posts has decreased threefold in recent years, and the number of citizens driving cars without a license has increased, to ensure public safety it is necessary to strengthen control over the road network.

As is known, until today, a stop based solely on checking documents could only be carried out at a stationary traffic police post.

From October 20, 2017, it is possible to stop vehicles on this basis (that is, only for the purpose of checking documents) outside of stationary traffic police posts, that is, when officers are on duty both on foot and on patrol vehicles (cars, motorcycles).

To the previously existing grounds for an employee to stop a car outside a stationary traffic police post (detection of a violation driver traffic rules, the presence of orientations about involvement vehicle to the commission of an offense, the need to interview the driver or involve him as a witness, to provide assistance, the need to use a vehicle and when carrying out special preventive and other measures), a basis was added in the part relating to the verification of documents, which previously could only be applied at a stationary traffic police post.

Photo and video recording of communication with State Traffic Inspectorate employees

The new order on the work of the traffic police does not contain the provision that was in the previous order and prohibited State Traffic Inspectorate employees from preventing citizens from taking photographs and video recordings of interactions with employees.

Many motorists and experts interpreted this fact differently, from the position of excluding from the regulations the right of citizens to photograph and videotape the inspector.

The State Traffic Inspectorate explains: the inspector has no right to interfere with video recording

Restriction of such a right is possible within the framework of security or operational-search measures, consideration of a case of an administrative offense, as well as for the purpose of protecting state and other secrets protected by law, protecting the rights of citizens, public associations and organizations.

For example, if a driver films the scene of an accident on his phone and interferes with the inspector, he may demand that the filming be stopped. Or a counter-terrorist operation regime has been introduced in the region, in which case the traffic police officer must inform the driver about this and ask him to turn off the camera.

The inspector himself also has the right to film, not only on the office video recorder, but also on his own mobile phone.

Use of photo-video recording systems for traffic violations in repair work areas

The previous order did not allow the use of automatic restraints in places where traffic restrictions were established by temporary road signs.

Now automatic photo and video recording systems will be used in such areas highways. This measure will reduce the number of accidents associated with drivers exceeding established temporary speed limits in areas where repair, reconstruction and improvement of the road network are being carried out.

The rule on the possibility of use is included technical means, not belonging to the internal affairs bodies

In connection with the introduction from June 1, 2017 of National Standards defining general technical requirements to automatic fixation means and the rules for their use, the regulations include provisions regarding the compliance of such means with these GOSTs.

When making a decision (concluding an agreement with organizations) on the use of newly commissioned automatic fixation means, the State Traffic Inspectorate will monitor the availability of information about their compliance with the requirements of GOST, which defines the General technical requirements for automatic fixation means.

As for GOST, which establishes the rules of application, its effect will apply to all complexes, including those put into operation earlier.

Changes in the procedure for testing for intoxication

The provisions concerning examination for intoxication are supplemented by a rule obliging a police officer (if the examination for intoxication is carried out at the nearest traffic police post or other premises of the internal affairs body) if the result of the examination for intoxication is negative and there are no grounds for sending him for a medical examination to state of intoxication, transport the person to the place of removal from driving a vehicle or to the location of his vehicle. The old regulations included a rule that obligated inspectors to return drivers to the car only after a medical examination from the hospital (if intoxication was not detected).

Technical amendments (bringing the provisions of the Regulations in accordance with current legislation)

Some of the changes are technical in nature and are not innovations as such. For example, the possibility of confiscating a driver’s license and removing license plates has been removed - these measures were previously (in 2013) already excluded from the legislation and are not applied. Now the inspector can be presented not only with a traditional paper OSAGO policy, but also with a printout of an electronic one (the corresponding law was adopted back in 2016). A procedure has been prescribed for registering an accident without the participation of witnesses, which has also been in effect since 2014. There was quite a lot of discussion about innovations supposedly related to covert patrolling. But in reality, nothing has changed: this form of traffic control was allowed before.

Information from the State Traffic Safety Inspectorate for the Tver region.

If you find an error, please select a piece of text and press Ctrl+Enter

We are in touch via Viber or WhatsApp +79201501000

The State Traffic Inspectorate will no longer issue certificates of road accidents. Sensational news was presented to motorists by the head of the road patrol service of the Main Directorate for Road Safety, Alexander Bykov, reports RG.

Starting from Friday, October 20, State Traffic Inspectorate employees will stop issuing accident certificates to participants in accidents. This is spelled out, or rather removed, from the traffic police regulations. The regulation comes into force on October 20.

What does this mean for drivers? The problem is that a certificate from the traffic police, as one of the mandatory documents, is specified in the insurance rules. Since the traffic police will no longer issue such certificates, insurers will have a legal reason to refuse to accept documents for payment of compensation.

Why did such a paradoxical situation arise? Until 2014, a certificate of an accident was indicated in the MTPL insurance rules, which were approved by the government. Therefore, the mandatory issuance of a certificate of accident remained in the regulations of the Ministry of Internal Affairs. But in 2014, the Central Bank began to approve insurance rules. But he cannot give instructions on the activities of the Ministry of Internal Affairs. A conflict arises: the government decree does not provide for a certificate of road accident, but the rules approved by the Central Bank do have one. Three years have passed and the situation has not changed. But only until the Ministry of Internal Affairs discovered an extra document.

The State Traffic Inspectorate has repeatedly contacted the Central Bank with a desire to change the insurance rules and remove the obligation to provide a certificate of an accident. However, I have not achieved any results so far. As a result, the insurance rules now contradict the traffic police regulations.

The two departments have not found a common language, and drivers will suffer. From October 20, if an accident required registration with the help of traffic police officers, then the maximum that the participants in the accident will be able to get their hands on are procedural documents. For example, a ruling to refuse to initiate an administrative case or a ruling to impose a fine. Participants in the accident will be able to obtain other documents in the same manner.

As the traffic police reported, the entire situation will be described as much as possible in protocols, resolutions, definitions and other documents. That is, how many and what cars were involved in the accident, what damage they received. The details of their owners and drivers and MTPL policy numbers will also be indicated. The driver must still fill out an accident report with a diagram of the accident and submit it to the insurance company. The form of this notice is issued when purchasing an MTPL policy.

As the Russian Union of Insurers reported, the main thing is not the rules approved by the Central Bank, but the law. And in the law on compulsory motor liability insurance, namely in paragraph 5 of Art. 11, it is stated that “to resolve the issue of making insurance compensation, the insurer accepts documents on a road accident, drawn up by authorized police officers.” That is, procedural documents on the initiation of an administrative case or on the refusal to initiate it will be sufficient. The insurer will receive documents about the accident, drawn up by an authorized police officer.

However, it is worth recalling that the insurance rules stipulate that such a driver must also provide a certificate of an accident. It is clear that the law is more important than any rules. But most insurers are guided by the rules.

As a result, the driver may be refused to accept documents on the grounds that, according to the rules, the entire package of documents has not been submitted. Or refuse payment on the same grounds. As reported by the RSA, the Ministry of Internal Affairs indicates that all information about the accident is contained in the completed notification of the accident.

Indeed, the law on compulsory motor liability insurance requires participants in road accidents to fill out forms for notification of road accidents, but this can become the basis for compensation under compulsory motor liability insurance only in one case - when the conditions of the “Euro protocol” are met, which is confirmed by the signatures of two drivers in the completed notification of the road accident.

Roughly speaking, the fact that in the event of an accident you and your counterparts have issued an accident notice does not yet give you the right to payment.

Yes, the State Traffic Inspectorate explained to its employees that information (MTPL policy number, nature of damage) required by the insurer will be included in the road accident documents. Upon request, the injured policyholder will be issued a copy of such a document, which he can submit to the insurance company.

But the MTPL rules, unless we are talking about the “European protocol,” do not provide for such documents.

It is clear that in this situation, insurers will take advantage of an unexpected opportunity to refuse payment. As a result, the number of appeals to the court will increase. As we wrote earlier, the law on compulsory motor liability insurance does not know the term “certificate of an accident”. That is, the courts will side with the victim.

That is, from Friday the number of lawsuits against insurance companies will increase significantly. Moreover, the number of cases of insurance fraud will increase significantly. After all, it will be profitable to outbid obviously winning claims against insurers.

And in this situation, it will be very difficult to accuse auto lawyers of dishonest actions.