Concealment will show: what threatens the driver with the presence of a "shifter"
Driving a car with devices or devices that hide registration plates is a traffic violation and threatens the driver with disqualification, even if they have not used this equipment. This is the conclusion reached by the Supreme Court of the Russian Federation. Lawyers and experts support this decision. Details can be found in the Izvestia article.
Installed, but not used
Last fall, in the Krasnoyarsk Territory, traffic police stopped Ifanov's driver (last name changed. — Izvestia), who was driving a car equipped with a so—called shifter, a special frame to which the license plate of the car is attached, capable of descending downwards, making the registration plate invisible to cameras. A protocol was drawn up in relation to the motorist under Part 2.1 of Article 12.2 of the Administrative Code of the Russian Federation ("Vehicle management with state registration plates equipped with devices that prevent the identification of state registration plates or allow them to be modified or hidden").
Based on this, the justice of the peace deprived Ifanov of his driver's license for a year. However, Ifanov challenged the decision in the Zelenogorsk City Court of the Krasnoyarsk Territory, and then in the Eighth Court of Cassation of General Jurisdiction. He noted that at the time of the offense, the installed frame was not activated and did not prevent the identification of the car's license plate. In addition, the traffic inspectors did not measure the angle at which it reclines — without this, according to the driver, it is impossible to determine whether the state license plate of the car is hidden or not. However, both instances rejected his arguments and upheld the decision of the Justice of the peace. After that, the motorist filed a complaint with the Supreme Court of the Russian Federation.
Stand up, the trial is coming!
Having reviewed the case materials, the Supreme Court of the Russian Federation also found no legal grounds for satisfying the complaint and reviewing the decisions of the lower authorities. This offense is caused by the very fact of installing special devices on the vehicle to hide the license plate, it follows from the resolution.
"Various mechanisms, devices, fixtures and other equipment (shutters, electromagnets) can be considered as devices or materials that prevent the identification of state registration marks or allow them to be modified or hidden, including when they were not activated at the time of the detection of an administrative offense," the resolution says. The Supreme Court.
The Supreme Court of the Russian Federation also clarified that the qualification of this offense does not require measuring the angle by which the frame with the license plate can deviate or rotate: "the fact that the angle of rotation of the frame was not measured at the site of the detection of an administrative offense <...> does not refute <...> conclusions about the presence of elements of an imputed offense in the applicant's act."
As a result, the Supreme Court rejected the complaint and upheld the decisions of the lower courts.
The fact itself is important
The Supreme Court's decision on the complaint is absolutely logical and well-reasoned, says Sergey Radko, a lawyer for the Freedom of Choice movement. The composition of this offense is formed by the very fact of operating a vehicle with devices or devices installed on it that make it possible to hide the license plate, the lawyer notes.
— In this case, it really doesn't matter whether such devices were used at a particular moment or not. By itself, their presence on the car is already an offense, for which the law provides for the deprivation of a driver's license for 1-1.5 years," emphasized Sergey Radko.
Igor Morzharetto, a member of the Presidium of the Public Council under the Ministry of Internal Affairs of the Russian Federation, agrees with him. In his opinion, such frames and other devices that allow you to hide the license plate number can be conditionally compared with firearms.
— If a person is detained, for example, with a pistol, then the mere presence of firearms with him, if he is not an employee of a law enforcement agency in the service, is already a crime. And it doesn't matter if he fired it (this may already be a separate crime) or just carried it in his pocket. The situation is similar with flip-flops and other similar devices: installing them on a car is a violation of the law, regardless of whether the driver used such a device or not," said Igor Morzharetto.
Punishment for sellers
The use of flip-flops or other similar devices is a deliberate action by a driver who wants to hide his license plate from the cameras, Maxim Kadakov, editor—in-chief of Za Rulem magazine, emphasizes. This cannot be attributed to forgetfulness or inattention, he notes. Therefore, the Supreme Court made an absolutely correct decision, the expert is sure.
— You may not notice that you are speeding, you may not notice a sign, you may not take into account something in the traffic situation. But you can't accidentally buy a flip frame and accidentally install it on your car. I believe that even if such a device is in the trunk, then the person should be involved to the fullest extent. Moreover, we would like to see not only end users held accountable, but also those who sell such devices," Maxim Kadakov believes.
He noted that such devices, which have long been recognized as illegal, are still available for order online, sellers explain how to install these frames, guarantee their payback within a few days. Therefore, there are also those who buy them, the editor-in-chief of Behind the Wheel emphasized.
— Sanctions should be tough not only for drivers who use these devices, but also for those who sell them. These should be million—dollar fines: if such measures ruin 10-20 companies that do such things, it will be a lesson for others," Maxim Kadakov believes.
Переведено сервисом «Яндекс Переводчик»
