CSGT được quyền dừng phương tiện trong những trường hợp vi phạm, việc dừng phương tiện phải đảm bảo an toàn, đúng theo quy định của pháp luật, không gây cản trở nên hoạt động giao thông. Hãy cùng chúng tôi đến với bài viết ngay dưới đây để tìm hiểu rõ hơn về 4 trường hợp CSGT được quyền dừng xe nhé.
Mới đây nhất, Bộ Công an đã ban hành văn bản hợp nhất quy định nhiệm vụ, quyền hạn, hình thức cũng như nội dung, quy trình tiến hành tuần tra, kiểm soát và xử lý vi phạm về vi phạm hành chính hành chính trong giao thông đường bộ của lực lượng CSGT.
Theo như quy định thì khi thực hiện nhiệm vụ, lực lượng CSGT phải thực hiện đúng theo quy định của pháp luật về giao thông đường bộ và xử lý vi phạm hành chính; khi tiếp xúc với người dân cũng như người có hành vi vi phạm luật giao thông đường bộ thì cần phải có tác phong, thái độ và văn hóa ứng xử đúng mực, phù hợp.
Trường hợp nào CSGT được quyền dừng xe
Lực lượng CSGT thực hiện nhiệm vụ tuần tra, kiểm soát theo kế hoạch được dừng phương tiện giao thông để thực hiện kiểm sát trong một số trường hợp sau:
– Trực tiếp phát hiện ra hoặc thông qua phương tiện, các thiết bị kỹ thuật nghiệp vụ phát hiện, ghi thu được các hành vi vi phạm pháp luật về giao thông đường bộ và các hành vi vi phạm pháp luật khác.
– Khi đang thực hiện mệnh lệnh, kế hoạch tổng kiểm soát phương tiện giao thông đường bộ, kế hoạch tuần tra, kiểm soát và xử lý vi phạm theo chuyên đề đã được các cấp thẩm quyền phê duyệt.
– Khi có văn bản đề nghị của Thủ trưởng, Phó thủ trưởng của cơ quan điều tra; văn bản đề nghị của các cơ quan chức năng có liên quan về việc dừng phương tiện giao thông để tiến hành kiểm soát phục vụ cho công tác đảm bảo an ninh, trật tự, đấu tranh phòng chống tội phạm cũng như các hành vi vi phạm pháp luật khác theo quy định của pháp luật. Khi có văn bản đề nghị phải ghi cụ thể, chỉnh xác thời gian, tuyến đường, phương tiện giao thông buộc dừng để kiểm tra, xử lý, lực lượng tham gia phối hợp.
– Khi có tin báo, phản ánh , kiến nghị, tố cáo của các tổ chức, cá nhân về hành vi vi phạm pháp luật của người cũng như phương tiện tham gia giao thông đường bộ.
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Việc dừng cũng như tiến hành kiểm soát phương tiện giao thông cần phải đảm bảo các yêu càu sau:
– Đảm bảo an toàn, đúng theo quy định của pháp luật, không gây cản trở đến các phương tiện khác đang tham gia giao thông. Khi đã dừng phương tiện giao thông thì phải thực hiện việc kiểm soát, xử lý vi phạm (nếu có) theo đúng quy định của pháp luật.
– Khi dừng, kiểm soát phương tiện giao thông tại một điểm, tại Trạm CSGT, cần phải đặt rào chắn bằng các cọc tiêu hình chóp nón hoặc phải dùng dây căng dọc theo chiều đường ở phần đường hoặc làn đường sát lề đường hoặc vỉa hè để hình thành nên một khu vực nhằm bảo đảm trật tự, an toàn giao thông theo như quy định của Bộ Công an về việc thực hiện dân chủ trong công tác bảo đảm trật tự, an toàn giao thông.
– Khi dừng hoặc kiểm soát phương tiện giao thông trên các đoạn đường cao tốc tại một điểm, chỉ được phép dừng phương tiện giao thông để tiến hành kiểm soát, xử lý vi phạm tại các khu vực như Trạm thu phí, điểm đầu, điểm cuối của đường cao tốc để đảm bảo an toàn.
– Khi đi tuần tra, kiểm soát cơ động chỉ được phép dừng phương tiện giao thông vào làn dừng phương tiện khẩn cấp để tiến hành kiểm soát, xử lý vi phạm trong các trường hợp sau: phát hiện ra vi phạm trật tự, an toàn giao thông nghiêm trọng, có nguy cơ gây mất an toàn giao thông tức thời; Phối hợp nhằm đấu tranh phòng chống tội phạm; tin báo, tố giác hành vi vi phạm pháp luật của người cũng như phương tiện giao thông đang lưu thông trên đường cao tốc. Khi giải quyết xong vụ việc cần phải nhanh chóng thu dọn cọc tiêu, dây căng, biển báo hiệu và nhanh chóng di chuyển ngay.
Các hiệu lệnh yêu cầu dừng phương tiện giao thông
Hiệu lệnh yêu cầu dừng phương tiện giao thông của lực lượng CSGT được thực hiện thông qua một trong các tín hiệu hoặc có thể kết hợp đồng thời các tín hiệu:
– Sử dụng gậy chỉ huy giao thông, còi, loa, tín hiệu ưu tiên của phương tiện giao thông tuần tra, kiểm soát.
– Sử dụng các tín hiệu khác theo quy định của pháp luật, bao gồm: Biển báo hiệu, cọc tiêu, hàng rào chắn.
Hiệu lệnh yêu cầu dừng phương tiện giao thông khi tiến hành kiểm soát tại Trạm CSGT hoặc tại một điểm trên đường giao thông
– Lực lượng CSGT sẽ lựa chọn vị trí phù hợp, đứng nghiêm, hướng về phía phương tiện giao tohong đang cần kiểm soát.
– Phát ra tín hiệu yêu cầu dừng phương tiện giao tohong ở khoảng cách đảm bảo an toàn; tay phải cầm gậy chỉ huy giao thông đưa lên và chỉ vào phương tiện đang lưu thông cần tiến hành kiểm soát, đồng thời sẽ thổi còi một cách dứt khoát, hướng dẫn cho người điều khiển phương tiện cần tiến hành kiểm soát dừng vào vị trí phù hợp để tiến hành kiểm soát.
– Người điều khiển phương tiện giao thông khi nhận được tín hiệu yêu cầu thì cần phải giảm tốc độ xuống và dừng phương tiện giao thông và đúng vị trí hướng dẫn của CSGT.
Trên đây là 4 trường hợp CSGT được quyền dừng xe. Hy vọng rằng bài viết của chúng tôi phần nào cung cấp thêm kiến thức bổ ích đến quý khách khi tham gia giao thông, tránh xảy ra những trường hợp không đáng có.
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