The draft law On Amending the Code of Administrative Offences of the Russian Federation was submitted by the Legislative Assembly of the Orenburg Region.
The Government has reviewed this draft federal law.
The draft law proposes adding Part 3.2 to Article 12.5 of the Code of Administrative Offences of the Russian Federation, hereinafter referred to as the COAO, which would stipulate liability in the form of an administrative fine of 500 roubles for driving a vehicle, the windshield and front side-mounted glass panels of which feature additional objects or reusable coatings, which obstruct the driver's field of view. The item responsible for this administrative offence would also be confiscated.
The relevant offence being stipulated by the draft law is similar to an offence stipulated by Part 1 of Article 12.5 of the COAO.
Under Paragraph 7.3 of the Main Provisions for Authorising the Operation of Vehicles and the Duties of Officials to Ensure Road Traffic Safety, which were approved by Resolution No 1090 of October 23, 1993 of the Council of Ministers – Government of the Russian Federation, having additional objects or coatings, which obstruct the driver's field of view, is a condition in which vehicle operation is prohibited.
Moreover, the draft law uses the expression "reusable coatings," which makes it impossible to unequivocally determine the objective aspects of an offence, and this may result in a controversial law-enforcement practice.
At the same time, it should be noted that the innovation contained in the draft law should be sufficiently well-substantiated, including by the relevant law-enforcement statistics highlighting problems in the law-enforcement field. First of all, an increase in the number of specific violations should point to the need for stipulating a separate special clause, which would describe the administrative offence for driving a vehicle whose windshield and front side-mounted panels feature additional objects or reusable coatings, which obstruct the driver's field of view. However, an explanatory note to the draft law lacks statistics and other data highlighting the inefficiency of current legal provisions and problems in the law-enforcement field.
Considering the above-mentioned arguments, the Government considers it premature to examine this version of the draft law.