What to do when a traffic police officer stops you
Amidst daily activities, we sometimes do not think whether we perform those correctly from a legal perspective. That might be sale/purchase of a vehicle, its customs clearance or insurance. Let's also add a situation every Kazakhstani driver has faced, namely being stopped by a patrol officer. What are the cases when a patrol officer can stop you, what documents an officer can request and what penalties are provided in case of Traffic rules violation. Below is the list of the most frequently asked questions for cases when you were stopped by a patrol officer.
In which cases you should stop?
Pursuant to the Traffic Rules of the Republic of Kazakhstan, if a patrol officer driving in a patrol car addresses to a driver by means of a loudspeaker, names identifying characteristics and/or number plate of your car, or, if an officer on foot service, stops you by a gesture (with a baton) and shows a place where you should stop, you have to make a stop. After that, a patrol officer should immediately approach you, name his position, special rank, surname and the unit in which he/she serves, as well as a reason for a stop. When certified special technical means and devices recorded a violation of the Law of the Republic of Kazakhstan "On Road Traffic" and (or) these Rules committed by a driver of a vehicle, a patrol officer should present the relevant materials to a driver for familiarization.
In accordance with Article 52, Clause 2 of the Law "On Road Traffic", it is prohibited to stop vehicles by patrol officers without a reason. The reasons to stop a vehicle may vary, that might be violation of traffic rules/rules of cargo transportation or a raid.
Which information can a driver request from a patrol officer?
What requirements must road patrol police comply?
A patrol officer can either perform a duty on a patrol vehicle or on foot. When on duty, a patrol officer should be visible to road traffic participants. Also, patrol cars should not be located behind any obstacles that limit visibility (trees, buildings and structures, billboards, etc.), as well as in places where stopping and parking is prohibited and the same requirements apply to patrol officers performing a duty on foot.
It is not prohibited to use radars in the city and on the highways with aim to prevent accidents and their possible consequences, also patrol officers have the right to check whether there are any traffic violations registered for a vehicle through the database or using radio communication.
Compulsory vehicle insurance and individuals trusted to drive a vehicle
A power of attorney to drive a vehicle that does not belong to you is not required. It is sufficient to specify the details of a trustee in a certificate of insurance.
If a vehicle owner cannot drive a car, then pursuant to the rules, a driver can pass down a vehicle to another driver who has a driver's license. If being in a drunken state a driver passed down a vehicle to a driver who does not have a license, then he/she bears administrative responsibility under the relevant article of the law.
Since January 1, 2019, mandatory electronic insurance has been introduced in the country.
Pursuant to the Law, the police will check whether a driver has an insurance policy via a single insurance database using tablets. It will be prohibited to patrol officers to demand a paper version of insurance.
Thus, a vehicle owner will be required to have only a driving license and a certificate of state registration of a vehicle (or a document certifying ownership of a vehicle).
It is worth reminding that paper policies issued before the specified period will be valid until the expiration date of a document.
How to maneuver?
Movement of a vehicle on the reverse is allowed, provided that the maneuver will be safe and will not interfere with other road participants. Movement on the reverse is prohibited at intersections and in places where U-turns are not allowed.
Which documents do I need to provide when I am stopped by a patrol officer?
If you are stopped for a traffic violation, you should provide the following documents:
- driving license for the right to drive a vehicle or a temporary certificate issued in place of a driving license, with exception of those issued in the Republic of Kazakhstan in the presence of a driver's identity document;
- certificate of state registration of a vehicle, with the exception of that issued in the Republic of Kazakhstan, or a document certifying ownership of the vehicle;
- a trip ticket and documents for the transported cargo in established cases.
Violation of traffic rules is an administrative offense, for which a fine is provided according to the Administrative Offenses Code of the Republic of Kazakhstan.
Is there a period of limitations for administrative offenses?
Pursuant to Article 890, Clause 1 of the Administrative Code, a person is not subject to administrative liability after 1 year from the date of committing an administrative offense, if a decision on the case of an administrative offense was not issued within the specified period.
Pursuant to Article 893 of the Administrative Code, a fine is subject to payment by a person brought to administrative responsibility no later than 30 days from the date of entry into force of a decision.
What rights do you have when you are stopped by a patrol officer?
- a driver has the right to familiarize with a case materials, give explanations, present evidence, and file petitions;
- use the legal assistance of a lawyer during consideration of a case;
- speak in your native language and use an interpreter services if you do not speak a language in which a proceeding is conducted;
- procedure for appealing the decision on a case.
As it have been mentioned earlier, in case of conflict situations a driver has the right to request a badge No. from a patrol officer and familiarize with a service certificate. In case of disagreement with the violation of Traffic Rules or other reasons for being stopped by a patrol officer, you can state your disagreement in writing in a protocol on an administrative offense.
What is excluded from passenger responsibilities?
To leave a vehicle in case of being stopped by an employee of the internal affairs bodies without his permission.
When being stopped for how long should I wait for a patrol officer?
Pursuant to Clause 1.2 of the Traffic Rules, "at a request of an employee of the internal affairs bodies (police), a driver should stop and follow an officer`s instructions", i.e. a driver should wait for a patrol officer and familiarize with a reason for being stopped, and also perform the required actions.
On two-way roads with four lanes or more, it is prohibited to go to the side of a road intended for oncoming traffic. On such roads, left turns or U-turns can be performed at intersections and in other places where it is not prohibited by Rules, signs and (or) markings.
On what grounds does a patrol officer has the right to withdraw a number plate?
What kind of responsibility comes when exceeding the established speed limit by 9 km/h?
It is allowed to exceed the established speed limit up to 10 km/h, otherwise, if exceeded by:
- 10-20 km/h: fine at the rate of 10 MCI;
- 20-40 km/h: fine at the rate of 15 MCI;
- over 40 km/h: fine at the rate of 30 MCI;
- in case of repeated exceeding of speed within a year: fine at the rate of 40 MCI.
The MCI amount in 2021 is KZT 2917.
Last update: 13.12.2021