RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of June 25, 2019 No. 20

About some questions arising in court practice by hearing of cases about the administrative offenses provided by Chapter 12 of the Russian Federation Code of Administrative Offences

I. Questions of qualification of separate administrative offenses

1. By hearing of cases about the administrative offenses provided by Chapter 12 of the Russian Federation Code of Administrative Offences (further - the Code of the Russian Federation on Administrative Offences), it is necessary to consider that the driver not only person who acquired the right of control of vehicles in the procedure established by the law but also the other person who is managing the vehicle, including not having the right of management of all or separate categories (subcategories) of vehicles or deprived of such right is recognized. Person training to driving when implementing educational driving is equated to the driver.

It is also necessary to mean that the driver person which is driving the towed vehicle, except as specified, when the design of tough hitch provides in case of rectilinear movement following of the towed vehicle on trajectory towing (Item 20.1 of the Traffic regulations of the Russian Federation approved by the resolution of Council of Ministers - the Governments of the Russian Federation of October 23, 1993 to No. 1090 (further - traffic regulations of the Russian Federation) is recognized.

Besides, owing to provisions of Items 1. 2, 25.6 traffic regulations of the Russian Federation driver is the driver conducting on the road of pack, riding animals or herd and also the driver of the animal-drawn vehicle (sledge).

the automotor-vehicles which are subject to state registration with engine capacity of internal combustion more than 50 cubic centimeters and with the maximum constructive speed more than 50 kilometers per hour, being subject to state registration automotor-vehicles with the maximum capacity of the electric motor more than 4 kilowatts and with a maximum constructive speed more than 50 kilometers per hour,

the automotor-vehicles which are subject to state registration with the maximum capacity of the electric motor more than 4 kilowatts and with a maximum constructive speed more than 50 kilometers per hour,

the trail cars which are subject to state registration to the specified automotor-vehicles,

tractors, self-propelled road-building and other self-propelled machines,

vehicles, on management of which in accordance with the legislation of the Russian Federation about traffic safety the special right is granted (for example, the moped).

By hearing of cases about administrative offenses in the field of traffic it is necessary to consider that vehicle control represents purposeful impact on it of person as a result of which the vehicle moves in space (regardless of start of the engine). Actions of person equated to the pedestrian (Item 1.2 traffic regulations of the Russian Federation), for example, conducting the moped, the motorcycle cannot be regarded as vehicle control.

3. Proceeding from contents of the note to article 12.1 Code of the Russian Federation on Administrative Offences for the purposes of its application control of the tractor, self-propelled road-building, other self-propelled machine and the vehicles which are not subject to state registration, on management of which in accordance with the legislation of the Russian Federation about traffic safety the special right is granted, does not form the objective side of structure of the administrative offense provided by this regulation.

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