Category: Automakers

Transit Number Case

2023

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Video: Transit Number Case

Отличия серверных жестких дисков от десктопных
Video: Secretary Of State Antony Blinken Testifies Before Senate Foreign Relations Committee 2023, January
Transit Number Case
Transit Number Case
Anonim

In recent years, Vladimir has worked out the “eastern route” - in Vladivostok he buys Japanese cars by order and distills them to his native Belgorod. This time, he picked up a five-year-old Mitsubishi Lancer for the client and sent the car to Moscow by rail. It’s safer, and the car will not suffer. It is bad that the platform goes to Moscow for at least three weeks, and the Transit numbers are valid for a maximum of 20 days. When making a purchase, sellers honestly warned Vladimir: when he drives a car on his own from Moscow, problems may arise due to expired numbers. Vladimir nevertheless relied on chance and, having loaded the car on a railway platform, he went home by plane. Three weeks later he was informed that the car had arrived in the capital - a few hours later Vladimir was already leaving the Japanese station from the freight station. Of course, transit numbers have expired; however, only one day expired. It is unlikely that anyone would pick on this, G. decided, because the rest of the documents are in perfect order!

But literally a few minutes later our hero was stopped by the inspector of the Separate battalion of the traffic police of the traffic police of the Eastern District of Moscow V. Kochetov. It seems that he knew all the transit routes and was waiting for them … I checked the documents and stated that he was taking away his driver’s license, since G. was driving a vehicle without license plates. Vladimir’s objections - they say, “Transit” signs are installed on the car, and the delay was not his fault,”the inspector dismissed. The result of the conversation was an administrative protocol and a notice of the date of the trial. In addition, the policeman issued a decision on the spot to bring to administrative responsibility for driving a vehicle that is not registered in the prescribed manner. Fortunately, Vladimir had with him the magazine “Behind the Wheel” with the phones of our law firm …

OFFICIAL Zeal

The situation in which Vladimir G. fell is quite typical. Recently, traffic police officers have been enviably selecting driver’s licenses if the Transit numbers are past due, draw up protocols (of course, if they couldn’t agree with the transit people “amicably”). According to the "victims", the price of an "amicable settlement" reached one hundred dollars. e.!

Where does the zealots come from? The answer was simple, but unexpected: since August. The fine for driving a vehicle without state registration marks has been increased - from 50 rubles to 2.5 thousand (or deprivation of the right to drive for a period of one to three months). Cool! The traffic police initiated the tightening, and the State Duma deputies supported it and made changes to the Code of Administrative Offenses.

The motivation is this: too many cars travel around Russia without license plates, and the fine for this is cheap. Now, if you increase it many times, they will violate less! It seems to be logical. But life teaches: no matter how high our legislators raise the bar of fines, nor increase the term of deprivation of rights, as long as the principle of the inevitability of punishment does not work in our country, there is little sense in innovations. Only the price of a "settlement of the issue" in place is increasing.

However, in our history, the main role was played not by toughening the punishment, but simply ignorance of the law by the traffic police!

ON OWN REASON

At the appointed time, we arrived at the trial plot No. 307 of the Northern Izmailovo district of Moscow. Having prepared explanations in advance of the case, I was ready to prove that the traffic police were wrong. I was guided by the following considerations. In accordance with the Decree of the Government of the Russian Federation of 12.08.1994 No. 938 “On state registration of motor vehicles and other types of self-propelled equipment in the territory of the Russian Federation”, vehicle owners (or persons on behalf of the owners who own, use or dispose of them legally) are obligated to register them in the traffic police in the prescribed manner - within 5 days after the purchase of the car or during the term of the Transit sign. After registration in the traffic police on the car issued state registration marks. That is - attention! - from the point of view of normative legal acts, state registration marks and “Transit” marks are not at all the same thing! In addition, the Transit signs are issued to the owner if he lives in another region, where he will register the car.

Problems are created by the brevity of the maximum period for which transit numbers are issued - only twenty days. Apparently, when the legislators installed it, the “right-handed” cars did not reach the central part of Russia, and no one thought that they would be transported by tens of thousands from Vladivostok to the opposite end of our vast country. It is possible, of course, to extend the Transit, but only … at the place of issue. That is, theoretically, Vladimir could get a car at a freight station in Moscow, quickly fly off again to Vladivostok, extend transit numbers, return to the capital - and on the road, to his native Belgorod … Well, the car would have gone "golden". Absurd? But this is exactly what, according to the logic of the inspector, Vladimir should have acted!

In fact, the only thing that the inspector of the traffic police had the right to do was to bring Vladimir G. to administrative responsibility under article 12.1 of the Code of Administrative Offenses of the Russian Federation (“Driving a vehicle not registered in the established manner”), which remained unchanged. And the punishment for this is a warning or a fine of 50 rubles!

But the inspector did not have the right to draw up a protocol on the basis of part 2 of article 12.2 of the Code of Administrative Offenses of the Russian Federation on administrative offenses! Indeed, only drivers who drive the vehicle without state registration marks can be held liable for this offense, provided that their cars were registered with the traffic police and received just such signs. If the car is not registered, then even expired "transits" are not grounds for bringing the driver to administrative responsibility under part 2 of article 12.2 of the Administrative Code of the Russian Federation.

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