ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of June 26, 2008 No. 475

About approval of Rules of survey of person which manages the vehicle, on alcohol intoxication and registrations of its results, the directions of the specified person on medical examination on state of intoxication, medical examination of this person on state of intoxication and registrations of its results and Rules of determination of availability of drugs or psychotropic substances in human body when performing medical examination on state of intoxication of person which manages the vehicle

According to article 27.12 of the Russian Federation Code of Administrative Offences the Government of the Russian Federation decides:

1. Approve enclosed:

Rules of survey of person which manages the vehicle, on alcohol intoxication and registrations of its results, the directions of the specified person on medical examination on state of intoxication, medical examination of this person on state of intoxication and registrations of its results;

Rules of determination of availability of drugs or psychotropic substances in human body when performing medical examination on state of intoxication of person which manages the vehicle.

2. Recognize invalid:

the order of the Government of the Russian Federation of December 26, 2002 N930 "About Approval of Rules of Medical Examination on State of Intoxication of Person Which Manages the Vehicle, and Registrations of Its Results" (The Russian Federation Code, 2002, N 52, the Art. 5233);

Item of 128 changes which are made to acts of the Government of the Russian Federation, N49 approved by the order of the Government of the Russian Federation of February 1, 2005 (The Russian Federation Code, 2005, N 7, by the Art. 560).

3. This resolution becomes effective since July 1, 2008.

Approved by the Order of the Government of the Russian Federation of June 26, 2008 No. 475

Rules of survey of person which manages the vehicle, on alcohol intoxication and registrations of its results, the directions of the specified person on medical examination on state of intoxication, medical examination of this person on state of intoxication and registrations of its results

I. General provisions

1. These rules establish survey procedure on alcohol intoxication and registrations of its results, the directions on medical examination on state of intoxication, medical examination on state of intoxication and registrations of its results of person which manages the vehicle of the corresponding type (further - the transport driver).

2. To medical examination on state of intoxication the transport driver concerning whom good reasons to believe are had that he is in state of intoxication, and also the driver concerning whom determination about initiation of proceedings about administrative offense, the stipulated in Article 12.24 Russian Federation Codes of Administrative Offences is taken out is subject to survey on alcohol intoxication.

3. Good causes to believe that the transport driver is in state of intoxication, availability of one or several following signs is:

a) alcohol smell from mouth;

b) instability of pose;

c) violation of the speech;

d) sharp change of coloring of integuments of person;

e) the behavior which is not meeting situation.

II. Survey on alcohol intoxication and registration of its results

4. Survey on alcohol intoxication is carried out by service employees who are granted the right of the state supervision and control of traffic security and operation of the vehicle of the corresponding type, and concerning the transport driver of the Armed Forces of the Russian Federation, troops of national guard of the Russian Federation, troops of civil defense, technical and road-building military forming in case of federal executive bodies - also service employees of military automobile inspection in the presence of 2 witnesses.

5. Survey on alcohol intoxication is performed with use of the technical means of measurement providing record of the results of research on paper allowed for use by the Federal Service on supervision in the field of health care, confided in accordance with the established procedure by Federal Agency for Technical Regulation and Metrology which type is entered in the state register of the approved types of gage devices (daleetekhnichesky gages).

6. Before survey on alcohol intoxication the service employee who is granted the right of the state supervision and control of traffic security and operation of the vehicle of the corresponding type or the service employee of military automobile inspection informs the osvidetelstvuyemy transport driver on survey procedure using the technical tool of measurement, integrity of brand of the state verificator, availability of the certificate on checking or record about checking in the passport of the technical tool of measurement.

7. When carrying out survey on alcohol intoxication the service employee who is granted the right of the state supervision and control of traffic security and operation of the vehicle of the corresponding type or the service employee of military automobile inspection makes selection of test of expiratory air according to the operating manual of the used technical tool of measurement.

8. The fact of the use of the substances causing alcoholic intoxication is determined by availability of absolute ethyl alcohol in the concentration exceeding possible aggregate error of measurements, namely milligram 0,16 on one liter of expiratory air.

9. Results of survey on alcohol intoxication are reflected in the act of survey on alcohol intoxication which form affirms the Ministry of Internal Affairs of the Russian Federation in coordination with the Ministry of Health of the Russian Federation. Paper with record of results of research joins the specified act. The copy of this act is issued to the transport driver concerning whom survey on alcohol intoxication is carried out.

In case of refusal the transport driver from passing of survey on alcohol intoxication the act of survey on alcohol intoxication is not constituted.

III. The direction on medical examination on state of intoxication

10. The transport driver is subject to the direction on medical examination on state of intoxication:

a) in case of refusal of passing of survey on alcohol intoxication;

b) in case of disagreement with results of survey on alcohol intoxication;

c) in the presence of good causes to believe that the transport driver is in state of intoxication, and negative result of survey on alcohol intoxication.

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