Violations punishable by the Traffic Safety Administration and refuting rumors: what every driver should know

The public outcry that has arisen in recent days over reports of fines for not having a first aid kit or fire extinguisher in a car has raised a number of legal questions. In social networks and the media, stories of stops by patrol police, the drawing up of protocols and references to regulations that many drivers consider to be invalid or not directly sanctioned are spreading. This situation needs to be clarified, because at the center of the discussion is not only the duty of the driver to have certain equipment, but also the question of the relationship between regulatory and legal acts, real mechanisms of punishment and court practice.

The editors of IA “FACT” asked the lawyers of the “Repeshko and Partners” bar association to assess the legality of the actions of the police, to explain whether there are direct grounds for fines in such cases in the legislation, which documents actually regulate the requirements for car equipment, and what the driver should know in order to protect his rights.

Currently, almost every second family has an iron horse, and some have more than one. So news from the automotive world can be said to concern almost everyone. That is why the news of the last few days about the increase in fines for the absence of a fire extinguisher or first aid kit in a vehicle shook society so much. The next wave was the news about changes in the technical inspection of vehicles, which swept through the news media. It is not known where some news comes from, but as it turned out, not all of them are even half true.

As Oleksiy Biloshitskyi, the first deputy head of the Patrol Police Department, noted, the requirements for vehicle equipment have remained unchanged for many years and are clearly spelled out in the Traffic Rules. Also, for several years, the sanctions provided for by the Code of Administrative Offenses for possible violations in this regard have not changed. In this regard, we would like to remind you what fines and for what a car owner or a person who drives a vehicle can receive in accordance with the Code of Criminal Procedure.

When it comes to fines for drivers, the first thing that comes to mind is speeding, violating markings or using a seat belt. But the legislation is much broader. The driver can be fined not only for actions on the road, but also for the technical condition of the car, its registration, technical inspection and even the way children are transported. All this is within the scope of Article 121 of the Code of Ukraine on Administrative Offenses.

It is this article that contains a whole set of norms that do not apply to emergency or exceptional situations, but to everyday ones that can happen anytime and anywhere. At the same time, we are talking not only about a fine of several hundred hryvnias, but also about the actual deprivation of the right to drive or even administrative arrest.

One of the most common points is driving a vehicle with technical faults, with which operation is prohibited. The list includes problems with brakes, steering, traction and coupling device, absence or malfunction of external lighting devices at dark, as well as arbitrary conversion of the car in violation of technical standards. A fine of 340 hryvnias is provided for this, which is twenty tax-free minimum incomes of citizens.

Separately, we are talking about vehicles that are subject to mandatory technical control. If such control is not passed on time, the amount of the fine is the same: 340 hryvnias. But the situation changes dramatically if a similar violation occurs again during the year. In this case, the driver risks receiving a fine from 850 to 17,000 hryvnias. And that’s not all: to the financial penalty is added the deprivation of the right to drive for a period of three to six months or an administrative arrest — from five to ten days.

Another practical aspect is driving an unregistered or not properly re-registered vehicle. According to the same article of the Code of Criminal Procedure, a fine of 850 hryvnias is provided for this. And in case of repeated violation within a year – a fine of 17,000 hryvnias or community service for a period of 30 to 40 hours. In addition, the court’s decision may include the paid seizure of the vehicle, that is, its actual confiscation in favor of the state.

And finally, violation of the rules of transportation of children. Despite the fact that this norm was actively discussed after the corresponding changes in 2019, drivers often perceive it as a recommendation. But the law is unambiguous: a fine of 510 hryvnias is provided for violating the rules of transporting children. In case of repeated offense within a year — 850 hryvnias.

Note that these requirements apply not only to car drivers. They apply to motorcycles with side trailers, trucks, buses, minibuses, wheeled tractors and other self-propelled vehicles. Moreover, the legally responsible person is not only the owner of the car, but also anyone who is behind the wheel.

It is also worth mentioning clause 31.4 of the Traffic Rules of Ukraine, which states: the operation of the vehicle is prohibited in the presence of technical malfunctions or non-compliance with the requirements. At the same time, item 31.4.7, which is entitled “Other structural elements”, directly lists those things that must be in the car – not by choice, but by necessity. Among them: a first-aid kit, an emergency stop sign and a working fire extinguisher.

The wording is categorical: the first-aid kit must have information on the type of vehicle for which it is intended. This requirement applies to a motorcycle with a sidecar, a car, a truck, a wheeled tractor, a bus, a minibus, a trolleybus and a vehicle carrying dangerous goods. At the same time, the list of medicines in it must comply with the state standard — DSTU 3961-2000. The first-aid kit must be fixed in the place specified by the manufacturer. If such a place is not provided by the design, the first-aid kit, like the fire extinguisher, should be placed in an easily accessible place.

The same clause refers to the emergency stop sign (or flashing red light), which must also meet the standard and be present in the above-mentioned categories of transport. In addition, cars, trucks and buses must have a functioning fire extinguisher.

However, these requirements are only a technical part. The next question is what legal liability arises if they are not followed. Experts differ here. In many cases, the police officers refer to Article 121 of the Code of Ukraine on Administrative Offenses — they say, if something is not there, then there is a technical malfunction, then they are fined. However, you should know that there is no direct reference to a first-aid kit, a sign or a fire extinguisher in Article 121 of the Code of Criminal Procedure. And therefore, prosecution for their absence looks legally vulnerable.

Instead, in the absence of these structural elements, Article 125 of the Criminal Procedure Code applies. It provides for liability for other violations of traffic rules that are not covered by articles 121–128, the first and second parts of article 129, articles 139 and 140. And most importantly, article 125 of the Code of Criminal Procedure does not provide for a fine as a punishment, but only a warning. In other words: if there is no first-aid kit in the car, but the brakes, steering wheel and lights are technically functional, only a warning can be legally justified. In the event of an attempt to issue a fine, the driver has the full right to appeal the decision.

This does not mean that a first aid kit or a fire extinguisher are unimportant. It is about the fact that prosecution should be based on the law, and not on an arbitrary interpretation of the traffic rules. Because the duty to have is one thing, and the right to punish is quite another.

At the same time, there are articles of the Labor Code of Ukraine, where everything is spelled out clearly – without ambiguities and discussions. Thus, Article 121-1 establishes responsibility for the operation of vehicles whose identification numbers do not correspond to the entries in the registration documents, or are destroyed or forged. In this case, the fine amounts to fifteen tax-free minimum incomes of citizens.

Even tougher sanctions are provided for in Article 121-3 of the Code of Administrative Offenses on the use of license plates in violation of the law. We are talking about situations when the car is operated without a number plate, or with one that does not belong to this vehicle, does not correspond to the model, is fixed in the wrong place, is upside down, is not illuminated, is covered by objects, including transparent ones, or has the application of materials that make identification difficult. The same list includes the deliberate concealment of the number or its contamination to the extent that it is impossible to clearly recognize the symbols from a distance of 20 meters.

In such cases, the fine is seventy tax-free minimum incomes of citizens. If we are talking about illegally installed license plates of the Armed Forces, police, border guards or diplomatic missions, then the fine is one hundred and fifty non-taxable minimums (i.e. UAH 2,550). And if the driver has already been fined for this, and he committed the same violation again within a year, the fine increases to three hundred minimums (5,100 UAH), plus a possible deprivation of the right to drive for a period of three to six months.

Now in more detail, what exactly concerns the technical inspection of the vehicle. Experienced car owners remember that once the technical inspection of the wheel friend was mandatory for everyone. Formally a good initiative eventually reduced to a ritual for a certain amount – with minimal connection to road safety. Later, the legislation changed, and today technical control is regulated by Article 35 of the Law of Ukraine “On Road Traffic”.

This article specifies that vehicles participating in road traffic and registered by the territorial bodies of the Ministry of Internal Affairs of Ukraine are subject to mandatory technical control in accordance with the norms set forth in the article itself. But at the same time, a clear list of vehicles that are not subject to such control is defined.

Technical inspection for many drivers still remains something from the past – a stage when formality turned into a ritual for money, and the paper about the suitability of the car had nothing to do with its real condition. And indeed: technical inspection was once mandatory for all vehicles without exception. But later this system changed. Now it is regulated by Article 35 of the Law of Ukraine “On Road Traffic”, and it is this norm that clearly defines who should undergo technical control and who should not. Without conjectures, rumors and invented innovations.

According to the current law, vehicles that participate in road traffic and are registered by the territorial bodies of the Ministry of Internal Affairs are subject to technical control. But later in the same law, an exception is defined. Passenger cars of all types, makes and models, as well as their trailers and semi-trailers, are not subject to MOT, provided they are not used as taxis or involved in the transportation of passengers or goods for profit. The same list includes motorcycles, mopeds, scooters and all similar vehicles, regardless of their age and condition.

In addition, technical inspection is not required for passenger cars that are used for commercial purposes, as well as trucks with a load capacity of up to 3.5 tons and their trailers – but only if the period of operation of such vehicles does not exceed two years. In addition, the technical means of the agro-industrial complex defined by the special law “On the system of engineering and technical support of the agro-industrial complex of Ukraine” are also exempted from mandatory technical control.

For the rest of the vehicles, the technical inspection remains mandatory. And this is not a formality, but a procedure that aims to check very specific things: the braking system, steering, external lighting, the condition of tires and wheels, the degree of light transmission of the glass, the serviceability of the gas cylinder equipment, if any, as well as all other elements that directly affect road safety and environmental protection.

The periodicity of inspections is also determined by law. In the case of passenger cars used for profit, trucks up to 3.5 tonnes and trailers with a service life of more than two years, they must be inspected every two years. Trucks with a carrying capacity of more than 3.5 tons, their trailers, as well as taxis — once a year. For buses and vehicles transporting dangerous goods, a technical inspection must be carried out twice a year – regardless of the age of the vehicle.

In other words, technical inspection in Ukraine has not disappeared anywhere – it just does not apply to everyone. There are currently no new changes to this procedure. No new laws, regulations, or decisions that would expand the scope of mandatory control or return the practice of continuous inspection of all transport have been adopted. Everything remains in the same edition as in previous years.

Therefore, we advise you to clearly understand whether a particular car is subject to technical inspection. If not, neither the police nor other authorities have the right to demand the completion of this procedure or to threaten fines for its absence. If the vehicle is subject to technical inspection, but the owner does not pass it, then, according to Article 121 of the Code of Criminal Procedure, administrative liability in the form of a fine arises. And this is a completely different situation.

As you can see, no changes to the current normative acts have been adopted by the legislators, and therefore all current norms are in effect.