To document the offense on the road will be not only the police
Act No. 5364, signed by the President, allows the police to make regulations for violation of traffic regulations without the presence of the driver.
And the same document is fully legalized photos and videofiksatsii violators, preparation of protocols and prescribing fines, called “letters of happiness”. The new document will come into force six months from the beginning of September 2018, Although it is conventionally called the law about Parking, it concerns not only them but many other aspects of the SDA.
Not take into account the weather
Interestingly, to document the offense on the road will be not only the police but also municipal inspectors. At their tip, for example, can evacuate the car without waiting for the patrol. “Well, if Parking violations and can be on the smartphone to record, the facts on the other items of the SDA will be to remove the city’s cameras. With the wrong or unpaid Parking (if car evacuation is not needed) and a Parking inspector or police officer shall leave a receipt under my windshield wiper, and the violation of the road regulation will come in the mail,” he said UBR.ua lawyer Vadim Volodarsky. If the car still will be taken to an impound lot, you will need to do it the old-fashioned way: pay a fine to pick up the car, and then to prove the illegality of certain actions of law enforcement officers.
Also under the new rule fits well and developed recently by officials of GOST, which reglamentary camera work “on the pillars” and portable devices like Vizier and Trocam. To fix all the offense they can police announced the “phantom patrols” (unmarked cars). Under the new rules, when paying the fine within 10 days, the violator will provide a 50% discount (the Parking fines from 255 to 1700 UAH.). Of course, if the resolution of time to honor at the time, because the camera can take picture of the driver, and he won’t even know it. The moment that officials did not foresee — the weather. Receipts left on the windshield of the violator, can deteriorate from rain, sleet, etc., and become simply unreadable.
The penalty for “that guy”
The main problem of auto-commit is the inability to prove the fact that the owner of the car was at the time the violation behind the wheel. Because in our country long ago cancelled the power of attorney, and to drive a car with the permission of the owner can be anyone: a relative or friend, and ordinary driver from the cab. To solve this problem, the new law introduces the concept of “proper user” shall mean one or more persons who are allowed to use the machine. Should be created a registry. In it the owners of the cars will enter data about their Trustees — by submitting the relevant application to the interior Ministry. “It is not clear how to figure out exactly who broke the rules, if the vehicle is used by several entities. Unclear and after a period of time after notifying the police, information about new user will be known to all patrolmen and inspectors in the Parking lot. Almost completely “covered” the possibility of the transmission of the vehicle for a short period of time without executing a power of attorney or contract. Otherwise the owner will be difficult to prove that he is not broke. For example, if the car was sold by proxy, and then resold several times,” said associate Law Eterna Philip Taranenko. In addition, to report all users of the car — it is the right, but not the driver’s duty, lawyers say. No one can force to do it, and the punishment for failing will be.
Besides, the driver has the full right not to incriminate a loved one. And driver, booked through the taxi service, he probably never will know. The law does not specify how to be, and if his participation in the offense denies not only the owner, but “proper” user of auto. “That won’t stop law enforcement officers. They will still “hang” fines on the owner of the car. Therefore, most likely, in the autumn, and download Ukrainian courts suffer justifiable claims. Though they will be considered for months, but in the end the truth will be on the driver’s side. Each such decision will be the decision of the constitutional court on personal responsibility, which he has long been decided: you need to be fined, not the owner, and a specific driver”, says Volodarsky.
Risks during the evacuation
At the same time, insurers do not see big risks in the new law. “The norms of this law will not affect the terms of insurance contracts: no insurance, no hull insurance. With regard to the introduction of the concept of “proper user” on the lives of clients, this innovation will not affect too, as, for example, in our product hull “All Risks”, the Treaty applies to any person who has the legal right to control the insured vehicle. Hence the payment is performed regardless of the guilt of the person in case of accident”, — said managing shareholder of IC “Arsenal Insurance” Marina Avdeeva.
Don’t see the danger to its clients and other insurers. “As for the risks of damage to the car during the evacuation — performers, as far as I know, will be insured their liability. For such cases. That is, the insurance company will pay for the tow truck losses”, — noted in a conversation with UBR.ua head of external communications in INGO Ukraine Oleksandr Melnychuk.