The check by the traffic police – Traffic Police is part of every driver's everyday life. It is important for every driver to know what his rights and obligations are so that drivers know how to protect themselves and avoid possible abuses or misunderstandings, writes Dariknews.bg.
See what are the basic rights that drivers have when stopped for a check by a traffic police officer.
Uniform marks of traffic police officers
Uniformed persons wear the legally prescribed police uniform (color – dark blue and/or yellow reflective vest) with patches placed in a prominent place with the inscription “Traffic Police” (or “Traffic Police”) and reflective elements. In low temperatures, traffic police officers wear a black knitted hat with the inscription “Police“. Officers of the “Road Control”, “Road Crimes” and “Sigma” units in the SDVR and ODMVR can also stop me. The officers have a badge with a photo on which their name, surname and identification number are written. A stop light marking and an inscription on the police officer's car saying “Police” are also mandatory. or “Traffic Police”.
When can a driver be stopped for a check?
Traffic police officers have the right to stop vehicles on the following grounds:
► In violation of the Road Traffic Act (RTA): For example, speeding, improper overtaking or failure to obey signs.
► Document check: This includes checking the identity card, the driver's license (DVL), the vehicle registration card and the “Third Party Liability“ insurance.
► Actions or control campaigns: For example, checks for alcohol or drugs.
► Suspicion of a technical malfunction of the vehicle.
► Routine check: This is permissible, but must be justified and carried out in accordance with law.
What documents must be presented?
When requested by the traffic police officer, you are required to provide:
► ID card;
► Driver's license;
► Vehicle registration certificate (large or small coupon);
► “Third party liability“ insurance policy.
It is important to know that the officer does not have the right to request documents that are not provided for by law.
What are the rights of the driver during the inspection?
1. The driver's right to ask the police officer to identify himself
The officer is required to show his service card or badge if requested. In case of doubt, you may also be asked for his service number.
2. Right to information about the reason for the stop
The police officer is obliged to inform the driver why he was stopped. If the reason is a routine check, it must be explained specifically why it is necessary.
3. Right not to leave the vehicle
Drivers stopped for a check are not obliged to get out of their vehicle unless this is explicitly requested and justified. For example, if driving under the influence of alcohol or drugs is suspected, or to check the trunk of the vehicle.
4. Right to protection against search
A search of the vehicle is only permissible under certain conditions, for example with a warrant or if there are serious grounds. If the search is carried out without the necessary documentation, this is a violation of rights.
5. Right to request the presence of witnesses when drawing up a report
If a report of a violation is drawn up, the driver has the right to request the presence of witnesses. He may also name his own witnesses.
6. Right to refuse to sign a report
If the driver does not agree with the findings in the report, he may refuse to sign it. This does not mean that he is innocent, but it gives him the opportunity to appeal the act in court.
What are the obligations of drivers?
To avoid problems and additional tension, it is important to comply with the following obligations:
► Provide assistance: It is good for stopped drivers to be polite and provide the documents requested by them.
► Follow the police officer's orders: If they are legal and within the scope of his official powers.
► Respect the inspection time: The officer does not have the right to detain the driver longer than necessary to carry out the inspection.
How to react to irregularities?
If a person believes that his rights have been violated, he can:
► Ask for the police officer's service number and report the incident to the Ministry of Interior hotline (tel. 112 or the relevant complaint number).
► File a complaint with the Police Department or the prosecutor's office.
► Appeal the drawn up act: You have 7 days to file an objection in court.
What is done during an alcohol and drug test?
Traffic police officers can check the driver with a technical device for the presence of alcohol or drugs. During the check:
► The device must be certified and regular.
► The driver has the right to request a report of the results.
► If the driver does not agree with the test results, he has the right to request a blood sample at a health facility.