🧑🏼 👁‍🗨 🍇 Responsibilities and driver's rights 🈹 👸🏽 👸🏽

Every person who regularly uses the car for any purpose should know what duties and driver's rights must be respected. Road safety depends on it. All rights and obligations come from traffic rules, therefore, when receiving a driver’s license, any person should responsibly study the rules of the road.

Legislative regulation

Drivers must comply with certain duties and remember their rights not only when driving on the road in a car, but also when interacting with traffic police, when interacting with pedestrians or in an accident.

If car owners violate the rights of others, are responsible for traffic accidents or commit other unlawful actions, then they are held liable under Art. 12.1-12.37 Administrative Code of the Russian Federation. Moreover, they can even be prosecuted.

The main obligations and rights are prescribed in the SDA, and various changes are regularly introduced into this legislative act, which should be monitored and studied by car owners, which makes it possible to prevent various violations on the roads.

What are drivers entitled to?

All important information is contained in Federal Law No. 196, with the latest updates being made in 2017. What rights do drivers have? Based on this legislative act, they have many opportunities. Drivers have the right to:

safety while driving on the roads of the country;
free movement, and it is not allowed that the traffic police stop the car without important reasons ;
receiving free medical care if the driver crashes;
indemnification if the car owner is the injured party in an accident;
the formation of a complaint about unlawful actions on the part of the traffic police.

At the same time, there are not only driver’s rights, but also some significant responsibilities. These include the fact that the car owner must drive on the road exclusively in a serviceable car, so there should not be any significant violations that could lead to the car becoming uncontrollable. Each driver must have a properly executed liability insurance policy that insures his civil liability. It is allowed to issue it only if there is a diagnostic card that is outstanding based on the results of a technical inspection, therefore, in any case, the condition of the machine is checked.

The participants in the movement themselves should not violate each other's rights, since serious measures of responsibility are imposed for this.

What should drivers do?

Car owners must not only assert their rights, but also take into account their responsibilities. These include:

timely registration of the policy of OSAGO, as this document is issued for a maximum of one year, and without it it is not allowed to drive a car;
regular inspection to make sure that the car is really in perfect condition, so it can be used to move on roads;
the main systems of the machine must be checked before driving, so the driver must make sure that the brakes, steering system and clutch are operational;
it is forbidden to drive while intoxicated, which can be alcoholic or narcotic, since under such conditions the rights of drivers of other cars are violated, and an emergency situation on the road is created, and for such a violation not only a fine of 30 thousand rubles is assigned, but also deprivation of rights for up to two years.

Some drivers are forced to take different medications for health reasons, but before that it is important to make sure that they do not in any way affect the ability to drive a car, since under such conditions it is forbidden to drive a car.

What other rights do drivers have?

Additionally, there are many rights vested in car owners. The driver’s rights in Russia are represented by the following provisions:

allowed to move freely on roads only subject to traffic rules;
drivers can receive reliable and complete information from traffic police on traffic conditions on a particular road;
it is permitted to receive relevant information on established restrictions on a specific section of the road;
You can count on rescue work or emergency assistance in the event of various accidents on the road;
drivers can appeal against various unlawful acts committed by officials or traffic police.

Everyone may require the above actions. Whether the driver is entitled to certain measures can be found in the SDA and other legislative acts, therefore, before obtaining a driver’s license, a person must pass a theoretical exam to check his knowledge of these rules.

Driver Responsibilities

Car owners not only have different capabilities. There are some restrictions for them. Violation of the driver’s rights leads to the fact that he can protect them, so people and officials must additionally know about their duties. These include:

carry a driver’s license, which is handed over to the traffic police officer upon request and there is a reason for checking, and this document can be replaced by a temporary permit in certain circumstances;
it is always required that the car owner possess registration documents for his car, as well as for the trailer, if any;
if the car owner is carrying passengers, then he must have permission for this process, a license card or waybill, if the goods are transported;
each driver is obliged to buy a liability insurance policy that insures his civil liability, and if this document is not available, then a fine of 500 to 800 rubles is imposed, and also if a person gets into an accident, he will have to compensate the losses to the injured party at the expense of his funds;
if a citizen is engaged in cargo transportation, then he must have with him a waybill, bill of lading and a license card;
all passengers in the car must be wearing seat belts;
if the car owner leaves the country, then he must have with him registration documents for the car, as well as a new driver’s license, which can be replaced by international rights, and an insurance policy that is issued specifically for a particular country is additionally required.

In addition, each driver must make sure that he is in good condition before using the car. Significant breakdowns in the most important components of the vehicle are not allowed. If malfunctions arise already on the way, then it is necessary to stop the movement and eliminate them. If this can not be done locally, you will have to use the help of a tow truck or other car owners to deliver the car to the workshop. Thus, the driver’s rights while driving are closely related to his duties, so you should be well versed in all the nuances of these requirements.

What actions should be performed during an accident?

Each car owner should know what he needs to do if he gets into an accident, regardless of whether he is the culprit or the victim. No one is safe from accidents, so it is important to carefully study the rights of drivers of vehicles, as well as their responsibilities in case of an accident. The main nuances include:

in case of an accident, stop the car immediately;
emergency gang turns on;
warning triangle is displayed;
participants in the incident should not in any way touch different objects related to the accident;
if there are victims, then, with certain skills, car owners can provide first aid;
traffic police and ambulance employees are called;
if there is an emergency, then the driver can leave the scene of the accident to take the victim to the hospital, but he must immediately return to this section of the road;
if the cars interfere with the passage of other cars, then it is necessary to fix all the details related to the accident, after which it is allowed to rearrange the cars on the side of the road.

It is recommended to turn to eyewitnesses altogether to take their contact details and testimonies. The driver has the right to defend his point of view if he believes that he is not the culprit of the accident, therefore, he can collect various evidence of his innocence.

What actions are prohibited?

There are certain actions that car owners should not perform. Therefore, not only driver’s rights are taken into account, but also prohibitions for vehicle owners. These include:

it is not allowed to operate the machine while intoxicated or under the influence of various prohibited substances, and this process is often prohibited even when taking complex and specific medicines;
you must not transfer the machine for driving to persons in a state of intoxication;
it is forbidden to cross organized columns, which may even be on foot;
you can not drink alcohol or drugs immediately after a traffic accident, this will not allow a medical examination;
it is not allowed to drive a car in violation of basic requirements and the regime of work and rest;
you can’t use the phone while driving in the absence of special devices that allow you to talk with other people without having to hold the gadget in your hands.

If such conditions are violated, the driver may be held administratively or criminally liable. Therefore, each car owner must consider not only their rights, but also different requirements.

What documents are issued to forklift drivers?

To operate the truck, the driver must have the appropriate skills and documents. The rights of the loader driver are presented by the certificate of the tractor driver, which must have categories B, C and D. Such documentation is issued only by the State Technical Supervision. To do this, one has to take special courses, on the basis of which driver training and retraining are carried out.

The rights of the loader driver are granted to him only after passing certification and passing exams. A document is issued directly at the Gostekhnadzor branch. Only on the basis of this documentation can a citizen drive a truck. This ensures that he knows his rights and obligations.

What actions of the driver are legitimate when communicating with traffic police?

Car inspectors are not always acting on the basis of conditions and legal requirements. Often they stop cars without a reason. Based on Art. 38 of the traffic police administrative regulations, police officers control traffic at a stationary post or while in a patrol car.

The driver’s rights are not violated if the inspector stops the car under these conditions:

using a special device or visually revealed by traffic police violation of traffic rules;
there is a special orientation for which the car is suitable;
there are people involved in a crime in a car;
the traffic police employee has information that a particular car is wanted or used by criminals;
it is necessary for the car inspector to bring the car owner as a witness or take evidence from him if he is a witness to any offense or crime;
a car is needed to help other citizens, and under such conditions, the driver may ask what kind of help is needed, how much time will have to be spent, and also in which direction people will have to be taken;
at a stationary post, it is necessary to check the driver's documents;
a special operation is carried out, on the basis of which it is required to verify the identity of car owners.

In all the above situations, the traffic police can officially stop the cars and ask for documents. Does the driver have the right to refuse to transfer documents? Under such conditions, this is an offense, therefore, the traffic inspector draws up a protocol, and can also apply other measures to the driver.

The traffic inspector is not allowed to stop the car in those places where stopping is prohibited. The driver’s rights when stopping under such conditions will be violated. It is also not allowed to search a car in the absence of witnesses and without drawing up a protocol.

The nuances of communication with the traffic police

Often car owners are forced to face the fact that traffic police officers exceed their authority. Under such conditions, they must protect their rights. New driver’s rights and requirements for car inspectors are as follows:

traffic police officer must have a reason to stop the machine;
he must introduce himself and show his license to the driver;
the car owner is certainly notified for what reason his car was stopped;
if an offense is revealed, then the citizen may demand clarification and presentation of evidence.

It is not allowed that a force be used against the car owner or the car inspector insults a citizen. Under these conditions, you can file a complaint or even call the police.

If a protocol is drawn up by a traffic police officer, then this document must contain important information:

the date the offense was recorded;
Name and data of the driver's passport;
Name of inspector, as well as his position and title;
contract data of eyewitnesses and witnesses;
a link to an article whose requirements have been violated by the driver;
written explanations of a citizen.

If the car owner does not agree with the content of the document, then he may not sign it, and you can also appeal the protocol and actions of the traffic inspector in court or the traffic police.

How to make a complaint?

To appeal against the actions of the traffic inspector, you should figure out how to properly form a complaint. For this, a written complaint is drawn up to the higher authorities. Additionally, you can use the electronic form on the website of the traffic police.

The document shall indicate the address of the inspection institution, information about the inspector and the applicant. All violations committed by the traffic police are registered. Requirements are made to the supervisory institution, which may be presented in conducting the inspection, imposing fines or bringing the inspector to disciplinary action.

Thus, each driver has both rights and obligations. It is important to understand all the possibilities and limitations for car owners. Knowledge of traffic rules and other data from legislative acts will protect your interests, as well as prevent a possible violation of rights. But at the same time, it is important to drive a car and behave during an accident in such a way as not to infringe on the rights of other people and not violate the law.

Responsibilities and driver's rights