How to behave with a transport controller if something went wrong

2024 Author: Malcolm Clapton | [email protected]. Last modified: 2023-12-17 03:44

A small cheat sheet that will not let you get lost in a difficult situation on the subway, bus or other public transport.

Who has the right to demand that I present my ticket?

People with a controller's certificate. If a person refuses to present such a document, you can safely ignore it.

The order of actions of the controller is regulated by city legislation and the inspection organization, therefore, in order to say for sure whether he has the right to perform certain actions, you must first study his job description. Next, we will consider what rights the controller has on the basis of federal law, regardless of the organization in which he works.

Does the controller have the right to deliver the stowaway to the police?

Yes, it has. In accordance with article 27.2 of the Administrative Offenses Code of the Russian Federation, the controller can forcibly take you to the police station to draw up a protocol. But only on condition that it is impossible to do it on the spot (for example, you forgot your passport).

What if the controller insulted me?

Article 5.61 of the Code of Administrative Offenses of the Russian Federation states:

Insult […] shall entail the imposition of an administrative fine on citizens in the amount of one thousand to three thousand rubles; for officials - from ten thousand to thirty thousand rubles.

You can simply remind the controller about this article or record his speech on the phone.

Can the controller prohibit himself from filming?

No. Article 152.1 of the Civil Code of the Russian Federation prohibits the publication of video recordings of a person without his consent, but not their creation.

Can the controller search me?

In accordance with Article 27.7 of the Code of Administrative Offenses of the Russian Federation, the controller can inspect your belongings in search of an instrument of an administrative offense. If you cannot show the ticket to the controller, and he has reason to believe that you have used, for example, someone else's social card, then he has the right to conduct a search. In this case, the controller must be of the same gender as the passenger, and the inspection process must be recorded on a camera or carried out in the presence of attesting witnesses.

And to withdraw someone else's social card?

Another's social card is the subject of an administrative offense. The controller has the right to have it seized (Article 27.10 of the Code of Administrative Offenses of the Russian Federation).

The inspector dropped the person without a ticket from the transport. So it is possible?

At the level of federal legislation, the only thing that an inspector should do with a free rider is to draw up a protocol on an administrative offense or offer the passenger to pay a fine without him. However, the law does not specify in more detail the rights and obligations of inspectors in this regard, which gives the inspection organizations the freedom to establish their own rules. So, for example, the job description of the Russian Railways controller-auditor says:

In case of refusal of a passenger traveling without a travel document (ticket) or on an invalid travel document (ticket), pay the fare […] take measures (including with the help of transport police officers) to remove the passenger from the train.

Most likely, if the controller demands to leave the transport, he has the right to do so, so it is not worth starting a dispute about this.

Can the inspector detain me in transport to draw up a protocol or pay a fine?

Let's say that during the time of clarifying the relationship with the controller, you have already arrived at the desired stop. In this case, you can get out of the vehicle without refusing to draw up a protocol. If the controller restrains you by force, he will break the law. Indeed, in the list of persons entitled to administrative detention (Article 27.3 of the Code of Administrative Offenses of the Russian Federation), there are no controllers. But the police can detain you.

What if I disagree with the fine?

The controller has the right to impose a monetary penalty on a stowaway without drawing up a protocol. But article 28.6 of the Code of Administrative Offenses of the Russian Federation says:

In the event that a person, against whom a case of an administrative offense has been initiated, disputes the existence of an event of an administrative offense and (or) an administrative penalty imposed on him, a protocol on the administrative offense is drawn up.

This means that you can disagree with the fine assigned to you, and in this case, the controller must draw up a protocol. However, he has no right to continue demanding money from you. Describe in detail the reasons for your disagreement in the protocol and sign it.

The controller asks how I got into the transport. Am I obligated to answer?

Suppose you used someone else's social card and the controller is trying to find out how you passed the turnstiles. You can safely ignore these questions, since no one is obliged to testify against themselves (Article 51 of the Constitution of the Russian Federation).

Can a passenger be fined if he is under 16?

No. In accordance with Article 2.3 of the Code of Administrative Offenses of the Russian Federation, persons under the age of 16 cannot be held administratively liable.