The Russian Ministry of Health has submitted a draft order amending the procedure for conducting a mandatory medical examination of drivers or candidates for drivers of vehicles. The corresponding document is published on the federal portal of regulatory acts.
In particular, according to the initiative, from the text of the order of the Ministry of Health No. 344n, which regulates the procedure for conducting a mandatory medical examination of vehicle drivers, the reference to carbohydrate-deficient transferrin (CDT) will completely disappear. The presence of a certain concentration of this substance in the blood is a marker of chronic alcohol consumption.
Instead, the initiative refers to "laboratory tests of blood and (or) urine in order to diagnose alcohol use."
In addition, the changes relate to the sixth paragraph of order No. 344н. This paragraph lists medical examinations and studies, which include a medical examination. Earlier on this list was a sub-item on the qualitative and quantitative determination of serum carbohydrate-deficient transferrin (CDT).
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Now, as noted above, the mention of CDT has been removed, replacing it with "laboratory tests of blood and (or) urine in order to diagnose the use of alcohol ... which is a medical contraindication to driving".
Moreover, it is now indicated in parentheses that the corresponding tests will be carried out only if the “psychiatrist-narcologist identifies the symptoms and syndromes of the disease”.
Based on the results of blood and urine tests, as well as examination, the doctor will decide whether the driver or candidate for drivers has mental disorders in which it is impossible to drive vehicles. In especially difficult and conflict situations, the decision is made by the medical commission, consisting of a psychiatrist-narcologist, therapist and neurologist.
As stated on the website of the Ministry of Health, the order “On the mandatory medical examination of drivers of vehicles (candidates for drivers of vehicles)” applies to cases of examination of candidates for drivers of vehicles, drivers whose certificate has expired, citizens to whom the certificate must be returned after expiration of the period of deprivation of the right to drive vehicles, as well as those to whom a driver’s license is returned after serving the sentence.
The order also applies to persons working as drivers of vehicles, during the mandatory periodic medical examination which revealed signs of diseases that are medical contraindications to driving.
Thus, the order, which is supposed to be amended, does not regulate the procedure for conducting a medical examination for intoxication, that is, cases when traffic police inspectors suspect a driver of drunk driving.
Recall that from November 22, 2019 in Russia, the new rules for medical examination of drivers were to begin to operate. In particular, it would be necessary to give urine for the content of 11 types of narcotic substances and blood for the presence of the CDT enzyme, a marker of chronic alcohol abuse.
An increase in the volume of research could lead to an increase in the cost of passing the commission several times. After that, reports appeared in the Russian media that large queues had formed in several cities for medical examinations.
On November 21, Oleg Salagai, then deputy head of the Ministry of Health, announced that the entry into force of the new rules would be postponed to July 1, 2020. He added that the agency will conduct an additional analysis of the methods used for medical examination, "in order to ensure their effectiveness with adequate pricing in the regions."
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The situation with the cost of medical certificates was then criticized by Russian President Vladimir Putin, who called the upcoming innovation "nonsense."
“We have a minimum wage - the minimum wage - 11,280 rubles, 3 million 200 thousand people get such a salary. Moreover, employers often, unfortunately, break the law and pay less ... Five thousand if you need to pay for this certificate - do you have to give half the salary to a person? And go through all instances, coordinate everything. The Ministry of Labor should at least see what it is, ”the head of state said.
Putin recognized the need for additional research related to drug use, but called for the introduction of such measures "in stages and wisely."
Excessive fines
It is worth noting that at the end of January 2020, the Ministry of Justice of Russia published a draft of the new Code of Administrative Offenses of the Russian Federation, which, among other things, suggested a sharp increase in existing fines and the introduction of new types of punishment for violators of traffic rules.
In particular, according to the project, the punishment for exceeding the speed limit by 20–40 km / h was supposed to grow six times — from 500 to 3000 rubles, by 40–60 km / h –– from 1000–1500 to 4000 rubles, by 60 km / h or more - a sanction of 5,000 rubles or deprivation of rights for 4-6 months.
Russian Prime Minister Mikhail Mishustin during a government meeting in early February called the proposed fines for speeding excessive.
“When developing the new Code of Administrative Offenses, it was proposed to increase the amount of fines for drivers for speeding up to 5 thousand rubles. For many, this is simply beyond the power. We have not yet achieved such an increase in salaries to increase fines so much, ”he explained.
Mishustin recalled that all issues regarding the determination of fines and penalties should be considered taking into account the solvency of the population.
The draft Code of Administrative Offenses has also been criticized by a number of experts and deputies. In particular, Secretary of the General Council of "United Russia" Andrei Turchak noted that the document in this form contradicts the message of the president to the Federal Assembly. Turchak pointed out that the message of Vladimir Putin was dedicated to protecting the rights and interests of citizens, and the proposed innovations in the code constitute a toughening of “repressive mechanisms”.
“The law is needed to prevent crime, and not to create a repressive machine or additional penalties from the population,” he explained.