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How to challenge a traffic police decision on video recording

Didn’t violate anything: how to challenge a traffic police fine from a camera

Author: “I am a Capitalist.” . Date: November 18, 2015. Reading time 7 minutes.

An illegal traffic police fine arrived in the mail, and justice demands that the case be put on hold, because he is innocent. Experts recommend promptly challenging “chain letters.” Why is it beneficial to prove that you are right and how to do it correctly?

Attention, camera!

Video equipment in the service of traffic inspectors is being improved - the list of offenses, images of which are sent to car owners, is regularly expanding.

Today the cameras are catching:

  • driving on lanes dedicated to public transport;
  • exceeding the maximum set speed;
  • parking in unauthorized places;
  • crossing the stop line at a prohibiting traffic light;
  • unfastened seat belts;
  • driving into oncoming traffic and other violations.

Anatomy of a Process: Why Errors Happen

The operation of video recording systems is the responsibility of special traffic police units - Centers for Automatic Recording of Administrative Offenses (CAFAP). A camera installed on the road records the violation and sends the image to the processing center. Here the computer reads the car number from the image, determines its owner from the database and generates a decision. The information is then processed manually.

The operator checks whether the image corresponds to the car whose owner has been issued a warrant, and whether the license plate is recognized. The verified data is sent to the inspector, who signs the order and sends it to the owner of the car by registered mail with acknowledgment of delivery with a photograph attached.

However, the system does not work clearly; both technology and people make mistakes. How to challenge a traffic police fine from a camera if the recipient of the letter “did not commit and is not guilty”?

In general, do you need to prove anything? It is for video recording that the Code of Administrative Offenses (CAO) makes a reservation - the presumption of innocence does not apply to these cases (Part 3 of Article 1.5 of the Code of Administrative Offenses and a note to it). The car owner has to prove that he is right.

Established deadlines: issuing a fine, appealing, payment

The statute of limitations for bringing car owners to justice is two months from the date of violation (Article 4.4, Chapter 4 of the Administrative Code). It makes sense to check whether the inspectors were late in issuing the resolution - overdue ones can easily be canceled through the court.

To appeal decisions on the collection of a fine, the law gives 10 days (Article 30.3 of the Code of Administrative Offenses). The countdown begins from the day the document is received by mail. If the deadline is missed for a good reason, and this is documented (there is a sick leave or an order to be sent on a business trip), you can still challenge the fine. Those who are late attach to the complaint filed with the court an application for restoration of the missed deadline with documents confirming the reason.

If the owner does not challenge the resolution within 10 days, it comes into force. Article 32.2 of the Code of Administrative Offenses allows 60 days to pay the fine (this can be easily done through the State Services website or using the Autopayment service from Sberbank). If, after 70 days from the date of issuance of the decree, the car owner has not paid the fine, the case is transferred to the bailiffs for enforcement proceedings.

If you just don't pay

You shouldn’t ignore the ruling that has arrived, even if there was no actual violation - unpaid fines can become a source of trouble (find out about the powers of bailiffs).

Is it worth hoping that after the statute of limitations expires (two years under Article 31.9 of the Code of Administrative Offenses) all debts on unpaid fines will “burn out” on their own? There is a chance only if the bailiffs are completely inactive:

When a decision is made in favor of the owner

No one forbids challenging any alleged violation. Another thing is that it’s worth starting when it’s really possible to prove that you’re right.

Based on practice, car owners manage to appeal a traffic police fine issued based on a camera image if:

  • Photos and reality clearly do not match. For example, the number plate on the offender’s car was read incorrectly, and the order came to the owner of a completely different car.
  • It is impossible to determine the license plates from the attached photo.
  • The speed recorded by the camera exceeds the technical capabilities of the vehicle.
  • In the area where the violation was recorded, no prohibitory sign was installed or its effect ended before the place where the car was filmed. For example, a fine was issued for illegal parking, but there is no sign “Parking prohibited” on a section of the road and this can be proven. Learn from a professional auto expert how to appeal a parking ticket.
  • It was not the car owner who was driving at the time of the violation. The owner is released from liability if he confirms that at the time of filming the car was stolen or was used/owned by another person (Article 2.6.1 of the Administrative Code). Find out why selling a car by proxy is risky.
  • The camera model is not certified to record a violation for which a fine has been issued. This applies, for example, to unfastened seat belts and low beams. Not all complexes are certified for their determination.
  • For one violation filmed by one camera, several orders were issued.

Is a warning sign required to issue a fine? The road sign “Photo and video recording” (plate 8.23) only informs that a stationary camera operating in automatic mode can be placed in this area. Plate 8.23 ​​must be accompanied by appropriate road markings (1.24.4). Installation of a sign in front of mobile cameras is not required.

Writing a complaint: where and who to contact

If the owner of the car does not agree with the alleged violation, he must have time to challenge it within 10 days after receiving the decision. Where to go and where to appeal traffic police fines from a video recording camera?

According to the law (Article 30.2 of the Administrative Code), the car owner sends an application of his choice:

  • The official who made the decision, i.e. traffic police inspector. In this case, the appeal will be redirected to a higher-ranking person for consideration, so this option is not working.
  • To a higher official who is authorized to consider such complaints.
  • Directly to the district court at the place where the decision was made.

That. The issue can be resolved pre-trial, through the traffic police department, or in court.

Contacts of State Traffic Inspectorate officials to whom a complaint can be sent are indicated in the resolution itself. Since video recording of offenses is the responsibility of the Automatic Recording Centers of the State Traffic Safety Inspectorate, in most cases you need to write there (see contacts of the Russian branches of TsAFAP).

An application for appeal can be sent to the traffic police by registered mail with acknowledgment of receipt, or drawn up on the spot and delivered in person (not forgetting to put an acceptance mark on your copy). The most convenient way is to create a request through the traffic police Internet service (http://www.gibdd.ru/letter/). In this case, scans of documents confirming the applicant’s position can be attached to the complaint. For residents of the capital, at the initiative of the Moscow State Traffic Safety Inspectorate, the Autocode portal was created, which is intended, among other things, for applications to MADI.

No matter how the complaint is sent, there is no specific form for it.

The application for review of the case should be called “Complaint against a decision on an administrative violation” and include the following information:

  • details of the person to whom the complaint is sent (full name, position);
  • applicant’s details (full name, residence address, contacts);
  • number and date of the appealed decision;
  • a request to cancel the decision;
  • description of the reason for reviewing the decision - the motivation for the complaint;
  • list of attachments (copy of the decision, photographic materials from the camera, documents confirming the applicant’s innocence);
  • the note: “Please consider without personal participation” if it is not possible to attend the analysis of the situation;
  • signature of the applicant and date of preparation.

The more detailed the situation is described and the more accurately the evidence is selected, the greater the chances of success. The applicant’s position can be confirmed by: photographs, videos, technical characteristics of the car, purchase and sale agreement, etc.

Example of motivation for appeal:

The inspectorate must consider the case within 10 days (Article 30.5 of the Administrative Code). The decision of the traffic police is not final; the law gives the right to appeal it in court at the place where, according to the decision, the violation was committed. Through the website www.sudrf.ru you can find out which district court (magistrate judge) the address belongs to:

Find out from the video why lawyers advise challenging erroneous fines received by mail.

How to challenge car fines

1. How long does it take to challenge a fine?

You can appeal a fine for violating traffic rules within 10 days from the moment you receive a copy of the decision on the administrative offense. If you file a complaint within the period established by law, the resolution will not. After the resolution comes into force, the obligation to pay an administrative fine within 60 days arises.

“>will enter into legal force. If for some reason you missed the allotted time, you will have to additionally attach a letter to the complaint -

  • AMPP application form;
  • application form to MADI.
  • “>petition to restore the missed deadline for appealing the decision. If the request is granted, the period for filing a complaint will be extended.

    You need to file a complaint with the department that issued the resolution: the Moscow Administrative Road Inspectorate (MADI), the State Public Institution “Administrator of the Moscow Parking Space” (AMPP) or the State Traffic Safety Inspectorate. Please note that if the complaint is filed not by the owner of the vehicle, but by the owner’s representative, a power of attorney will be required.

    The period for consideration of a complaint against an issued fine is 10 working days from the date of registration of the complaint.

    For more information on how to check and pay fines for illegal parking or other traffic violations, read our instructions.

    2. How to challenge a MADI fine?

    A fine issued by the Moscow Administrative Road Inspectorate (MADI) can be challenged:

      Fill out the complaint form, print it, sign and attach a scanned copy or photograph of it to the online application, as well as copies or photographs of documents confirming the unfoundedness of the penalty imposed. If you forget to immediately attach the necessary documents to your application, you can do this later using a special service.

    Notifications about the status of the complaint consideration and the final decision will be sent to your personal account on mos.ru and by email. An official response on paper will be sent by registered mail to the address specified in the appeal. It is sent within three days from the date of the decision.

    “>online, in the “Services” section on mos.ru;
    Although you submit your complaint online, it must be signed in your own hand. To do this, print out the complaint, sign it, then scan and attach the file to the electronic appeal form.

    “>online, on the Autocode portal;

  • online, through the electronic reception of the Moscow Government;
  • in "Moscow Transport" (telephones for inquiries: +7 (495) 539-54-54 - calls from landline phones, 3210 - calls from mobile phones):
  • Fill in the following fields: “Type of appeal” - “Complaint”; “Topic” - “Questions about paid parking and parking space”; “Clarification” - “Questions regarding MADI regulations”; “Clarification” - “Complaint against the decision in the APN case.” Next, fill out the remaining fields of the form.

    “>online, using the application form on the Moscow Transport portal;
    in person, by contacting the Centers, they operate daily from 08.00 to 20.00 and are located at the following addresses:

    • Staraya Basmannaya street, building 20, building 1;
    • street 1905, house 25.

    “>one of the centers.

  • You can make a personal appointment with a MADI inspector on the issues of car evacuation, photographic recording of administrative offenses and appealing decisions.

    You can also come to the MADI reception at the address Moscow, Kalanchevskaya street, building 49 without an appointment (Monday to Thursday from 8:00 to 17:00 and Friday from 8:00 to 15:45, break from 12:00 until 12:45), but in this case you will have to stand in line.

    Read more:  Where is a Russian driver's license valid?

    If you want to get an appointment with management (this is only possible on Wednesdays from 09:00 to 16:00, break - from 12:00 to 13:00), you will need to make an appointment either through the Autocode portal or through the terminals located in the MADI building, on the day of reception of citizens from 9:00 am on a first-come, first-served basis.

    “>personally at MADI.
    By registered letter to the Moscow Administrative Road Inspectorate at the address: 129090, Moscow, Kalanchevskaya street, building 49 (the package of documents includes a complaint, the text of which in free form must be signed by the applicant in his own hand, a copy of both sides of the received fine order, as well as additional materials confirming the groundlessness of the imposed penalty).

    “>by post to MADI.

    3. How to challenge an AMPP fine?

    A fine issued by the State Public Institution “Administrator of the Moscow Parking Space” (AMPP) can be challenged:

      Fill out the complaint form, print it, sign it and attach a scanned copy or photograph of it to the online application, as well as copies or photographs of the documents necessary to consider the complaint. Notifications about the status of the complaint consideration and the final decision will be sent to your personal account on mos.ru and by email. An official response on paper will be sent by registered mail to the vehicle owner's registered address. It is sent within three days from the date of the decision.

    “>online in the “Services” section on mos.ru;

  • online through the Autocode portal;
  • in "Moscow Transport" (telephones for inquiries: +7 (495) 539-54-54 - calls from landline phones, 3210 - calls from mobile phones):
  • Fill in the following fields: “Type of appeal” - “Complaint”; “Topic” - “Questions about paid parking and parking space”; “Clarification” - “Appeal (only GKU AMPP).” Next, fill out the remaining fields of the form.

    “>online, using the application form on the Moscow Transport portal;
    in person, by contacting the Centers, they operate daily from 08.00 to 20.00 and are located at the following addresses:

    • Staraya Basmannaya street, building 20, building 1;
    • street 1905, house 25.

    You must have with you documents or other evidence confirming the unfoundedness of the fine issued for unpaid parking.

    “>one of the centers.
    The package of documents must be sent by registered mail to the address: 125040, Moscow, Skakovaya Street, building 19, State Treasury Institution of the City of Moscow “Administrator of the Moscow Parking Space”. The letter must be accompanied by the complaint itself (the complaint must be signed), as well as documents that confirm the reason for challenging the decision.

    4. How to challenge a traffic police fine?

    A fine issued by a department of the State Traffic Inspectorate can be challenged:

    • in person, by contacting the State Traffic Inspectorate unit that issued the administrative violation order;
    • A letter of complaint must be sent to the center for automated recording of administrative offenses in the field of traffic of the State Traffic Safety Inspectorate of the Main Directorate of the Ministry of Internal Affairs of Russia for the city of Moscow at the address: 127473, Moscow, Sadovaya-Samotechnaya street, building 1.

    5. Is it possible to get a refund for a fine paid by mistake?

    If you paid a fine before receiving a decision to cancel it, or paid the same fine twice, you can get your money back. For this you will need:

    • application for refund of a paid fine (sample application to the traffic police, sample application to MADI, sample application to the AMPP);
    • copy of passport (and original if applying in person);
    • bank account details for transfer (return) of paid funds;
    • payment documents confirming the transfer of funds, or documents confirming the collection and transfer of funds by bailiffs;
    • a copy of the decision to cancel the decision in the case of an administrative offense (if the decision is cancelled);
    • if the same administrative fine is paid again (including using other details), a copy of the document indicating the grounds for imposing the administrative fine.

    The listed documents must be submitted either to the territorial body of the Ministry of Internal Affairs of Russia, to whose details the payment was credited, or to the City of Moscow, Kalanchevskaya Street, building 49.

    “>MADI, or to the City of Moscow, Staraya Basmannaya street, building 20, building 1 or 1905 street, building 25.

    You can also get your money back for an erroneously paid fine issued by MADI online by submitting an application through mos.ru.

    You can also get your money back for paid evacuation. You can read more about this in the Moscow Transport memo.

    How to appeal a traffic police fine from a camera

    Fines from video cameras for traffic violations are a common phenomenon in Russia: there are no ideal drivers, traffic police inspectors like to interpret the traffic situation arbitrarily, and the state fights for road safety, while simultaneously replenishing the budget. The fine is disadvantageous only to the driver, and it is up to him to decide whether to pay silently or try to challenge the charge.

    As statistics show, most drivers prefer not to get involved in disputes with the State Traffic Inspectorate and pay fines even when there was no violation, or it was recorded with an error. This is understandable: judicial bureaucracy costs a lot of money, it is difficult to prove one’s innocence, and prompt payment of a fine within 20 days gives a 50% discount. That is, it is better to lose a little than to gain nothing.

    However, the legislation of the Russian Federation gives motorists a chance to defend their rights and protest an illegal or erroneous fine from video cameras for traffic violations, and this chance can be taken if you know when, how and where to apply.

    Fines from traffic police cameras

    Video recording cameras are now installed in all cities and in emergency areas in rural areas, forcing drivers to be attentive and careful on the road. This modern, highly sensitive equipment is capable of recording traffic violations with high accuracy, recording the distinctive features of a car and its license plates. To date, cameras record the following violations:

    • exceeding the speed limit (with an accuracy of 2 km/h);
    • improper parking;
    • stopping on the side of the road in unauthorized places;
    • driving in dedicated lanes;
    • incorrect movement at pedestrian crossings at traffic lights;
    • incorrect crossing of the stop line;
    • crossing solid median strips and entering oncoming traffic lanes;
    • driving with an unfastened seat belt.

    Unlike recording traffic violations by a “live” traffic police officer, video recording cameras operate in automatic mode, transmitting video materials directly to TsAFAP (centers for automatic recording of administrative offenses of the traffic police). In the center, the image is processed: the license plate number of the car is scanned, the identity of its owner is established using the State Traffic Inspectorate database, after which the data is checked by the operator, and the violator is given a fine.

    Ideally, the system should work error-free, since there is no subjective human factor. In fact, video recording cameras regularly make mistakes, and “chain letters” are very often received by innocent people.

    Moreover, if the traffic police inspector is obliged to send a decision to the violator within 3 days from the moment the protocol is drawn up, then notifications from video recording cameras by mail often arrive after 7-15 days, when there is almost no time left to appeal the decision.

    If you just don't pay...

    The most common mistake that unfairly or erroneously fined drivers make is ignoring the fine. The fact is that the car owner has 60 days to pay the fine (Administrative Code, Article 32.2). During this period, you must either pay a fine or protest it within 10 days from the date of receipt of the decision (Administrative Code, Article 30.3).

    If neither one nor the other is done within these 10 days, TsAFAP draws up a second resolution and sends it to the bailiffs for execution. In this case, the amount of the fine is doubled or replaced with 50 hours of compulsory labor (Administrative Code Article 20, Part 1), and if the amount of the first fine exceeds 10,000 rubles, then you will be additionally restricted from leaving the country (Federal Law No. 229, Art. 67).

    Therefore, under no circumstances should you leave an unpaid fine unattended - this is fraught with more severe penalties. Challenging a fine will require you to understand and comply with a number of bureaucratic procedures if you expect a positive outcome of the dispute.

    When can I challenge a fine from CCTV cameras?

    When challenging a fine from video recording cameras, the presumption of innocence does not apply (Administrative Code of the Russian Federation, Article 1.5, Part 3), and you yourself will have to prove that the decision on punishment was made in error. This is difficult to do, but if you are sure that there was no violation, and the result of the video recording is erroneous, then there is a chance to defend your rights. Your allies here will be imperfect video equipment and unsettled legislation.

    There are many situations when you can safely appeal a decision made by the traffic police:

    • errors in the resolution (someone else's fine);
    • your car is technically not capable of reaching the speed that the video camera attributes to it;
    • the location of the violation in the photo is indicated incorrectly, or you were not there;
    • on the specified section of the road there is no prohibitory sign or no video recording sign (for stationary cameras);
    • It was not you who was driving the car at the time of the violation (another driver, or a stolen car);
    • the video camera recorded the shadow of the car on the side of the road, and not the car itself;
    • the camera incorrectly identified the make and model of the car (auto-double);
    • the camera has incorrectly identified the car number or it cannot be read;
    • The video recording camera is not certified or the service personnel do not have permits for video recording;
    • Several fines were issued for one violation.

    Procedure for appealing fines from video cameras

    So, you decide to appeal an incorrectly or erroneously issued fine from a video recording camera. By law, you have 10 days to do this from the moment you receive the traffic police decision by mail. What do you need to know and consider?

    You should immediately check the deadlines for issuing the document: fines from video recording cameras often arrive late, and you may not have 10 days left to appeal the decision. In this case, there are again two options: either pay (the first 20 days with a 50% discount) or immediately go to court with a petition to restore the statute of limitations for a good reason (the inspectors sent the order late, you were on a business trip, etc.).

    After submitting your petition, the court will request from TsAFAP original documents about your violation of traffic rules. Usually, TsAFAP employees cannot provide them - the originals are destroyed after the documents are handed over to the bailiffs, and the court does not accept copies. In this case, in the absence of evidence of a crime, the fine may be cancelled.

    If time allows, you need to write a complaint and contact the appropriate authorities.

    Making a complaint

    There is no single standard form for a complaint, so it is written in free form and is referred to as a “Complaint against a decision on an administrative violation.” The document should indicate:

    1. Full name and position of the person to whom the complaint is addressed.
    2. Full name, address and contact details of the applicant.
    3. Number and date of issue of the fine.
    4. A reasoned request to cancel the decision with a description of the reasons.
    5. List of attached documents (copy of the resolution, photographic materials, other documents confirming your case).
    6. Note: “Please consider without personal participation” (if you cannot be present during the consideration).
    7. Signature date.

    The reasoning part of the complaint should be described concisely, but logically and accurately, and the package of documents (car documents, factory specifications, photos, etc.) should be as complete as possible. Then your chances of successfully considering the complaint will be significantly higher.

    Filing a complaint

    A complaint about an unlawfully issued fine from video recording cameras is submitted to the TsAFAP official who issued the resolution, to a senior manager of the traffic police or to the court (Administrative Code, Article 30.2). This can be done in person, by mail with a notification, or through online services.

    Consideration of the complaint takes no more than 10 days. Once this is done, the relevant organization will cancel the fine or respond with a reasoned refusal. In this case, you must pay a fine within 30 days or continue the fight - file the same complaint with the court at the place of registration of your traffic police department, and then with the higher courts.

    The court has up to 60 days to consider your complaint, and during this period you have the right not to pay a fine. In a judicial complaint, it is necessary to indicate everything listed above, but the list of procedural violations committed during the consideration of the dispute in the traffic police should be clarified.

    Filing a complaint via online services

    Today, some Internet services allow you to speed up and simplify the process of filing a complaint against a fine issued from video recording cameras.

    • You can contact TsAFAP employees through the traffic police website in the “Appeals” or “Fines” section (the “Appeal” button). The complaint must be accompanied by scans of documents and photographs confirming your innocence.
    • Car owners registered in Moscow can contact the MADI State Traffic Safety Inspectorate through the Autocode portal.
    • Recently, it became possible to appeal fines from video cameras on the State Services portal. After registration, go to the section “Traffic Police Fines” - “Get a service”, indicate the details of your driver’s license and vehicle registration number, or the number of the received resolution. An “Appeal” button will appear at the bottom of the page. Click on it, fill out the form in the window that appears, write the text of the appeal and attach documentary evidence of your innocence and send the document for consideration.

    Thus, appealing a fine from video cameras recording traffic violations, although not the easiest way to get rid of an unlawful punishment, is nevertheless effective. You can protect your rights if you follow the instructions set out above, choose the right object of appeal, correctly fill out the complaint and submit it within the deadlines established by law.

    You cannot speed up the process of obtaining a result (authorities have 10-60 days to consider complaints), but you can reduce the time for filing a complaint to begin the protest procedure. For this, there are convenient state online services of the State Traffic Safety Inspectorate, MADI and State Services, which allow you not to waste time in queues. The complaint is delivered via the Internet in the shortest possible time.

    Appealing a traffic police fine, sample complaints

    Right to appeal. Where to appeal the decision

    A decision for violating traffic rules can be appealed in various situations:

    • technical camera error;
    • principled defense of one’s position in relations with the traffic police;
    • at the time the violation was recorded, another person (your relative or friend) was driving the car;
    • the car was sold under a purchase and sale agreement, but was not registered with the traffic police - fines from the new owner come to your name;
    • and others.

    A decision for violation of traffic rules (traffic rules) is made by the court or the traffic police.
    For violations of the rules of stopping and parking in Moscow, decisions are issued by the Moscow Administrative Road Inspectorate (MADI), for violations of the rules of paid parking in Moscow - by the State Budgetary Inspectorate of the AMPP. The court makes decisions on such violations as:

    • illegal installation of “flashing lights”, “quacks” and strobe lights on a car;
    • driving a car without a driver's license (driving license);
    • driving while intoxicated;
    • repeatedly exceeding the permissible speed by more than 60 km/h;
    • repeated violation of the rules for crossing railway tracks;
    • repeated entry into oncoming traffic;
    • if the violation of traffic rules resulted in harm to health of mild or moderate severity;
    • failure of the driver to undergo a medical examination for intoxication.

    Also, if arrest is provided as a punishment, the “administrative charge” is considered by the court.

    Decisions made by courts can only be appealed in court. Decisions made by the traffic police can be appealed either to the district (city) court or to a higher traffic police official.

    Article 30.1.
    Code of Administrative Offenses of the Russian Federation. The right to appeal a decision in a case of an administrative offense. 1. A decision in a case of an administrative offense may be appealed by the persons specified in Articles 25.1 - 25.5.1 of the Code of Administrative Offenses of the Russian Federation:

    • rendered by a judge - to a higher court;
    • issued by a collegial body - to the district court at the location of the collegial body;
    • issued by an official - to a higher body, a higher official or to the district court at the place of consideration of the case;
    • issued by another body created in accordance with the law of a constituent entity of the Russian Federation - to the district court at the place of consideration of the case.

    1.1.
    A decision in a case of an administrative offense made by a judge may also be appealed to a higher court by an official authorized in accordance with Article 28.3 of the Code to draw up a protocol on an administrative offense. 2. If a complaint against a decision in a case of an administrative offense has been received by the court and a higher authority, a higher official, the complaint is considered by the court. Based on the results of consideration of the complaint, a decision is made.

    Time limits for appealing a fine (restoring the time limit for appealing)

    Article 30.3. Code of Administrative Offenses of the Russian Federation. Time limit for appealing a decision in a case of an administrative offense.

    1. A complaint against a decision in a case of an administrative offense may be filed within ten days from the date of delivery or receipt of a copy of the decision.
    2. If the deadline provided for in Part 1 of this article is missed, the specified period, at the request of the person filing the complaint, may be restored by a judge or official authorized to consider the complaint.

    In other words, you have 10 days to appeal. The countdown begins from the moment you receive a letter with a resolution in the mail or a copy of the resolution at the traffic police.

    What to do if you missed the 10 days allotted for appeal? In this case, you can restore this deadline, but only if it was missed for a good reason.

    Valid reasons for missing the appeal deadline may include, in particular: serious illness, helpless condition, illiteracy and other circumstances related to the personality of the person filing the complaint.

    If the deadline for appealing the fine has expired and the decision is not appealed, then it enters into legal force.

    Article 31.1. Code of Administrative Offenses of the Russian Federation. Entry of a decision in a case of an administrative offense into legal force.

    A decision in a case of an administrative offense comes into force:
    1) after the expiration of the period established for appealing a decision in a case of an administrative offense, if the said decision has not been appealed or protested;
    2) after the expiration of the period established for appealing a decision on a complaint, protest, if the said decision has not been appealed or protested, except in cases where the decision cancels the decision;
    3) immediately after making a non-appealable decision on a complaint or protest, except in cases where the decision cancels the decision.

    What should a complaint against a decision contain?

    1. Addressee of the application.
      You must indicate the name of the court or territorial traffic police office to which the complaint is being sent. Information about the applicant (i.e., your data) and representative (if available) is also indicated here: full name, residential address, contact phone number.
    2. Title of the document.
      Complaint against a decision in a case of an administrative offense.
    3. Descriptive and motivational part.
      Here you need to briefly outline the circumstances of the incident.
      Indicate the number and date of the resolution, full name. and the position of the traffic police inspector (or judge - if the court decision is being appealed), who brought you to justice, article of the Code of Administrative Offenses of the Russian Federation. In this part it is also necessary to describe your position, the reasons why you consider the decision to be unlawful. Provide references to legal provisions to support your position.
    4. Resolution part.
      In this part, you must indicate what you are asking the court (or a higher traffic police body), namely: to cancel the decision (number, date) and terminate the proceedings.
    5. Application.
      List the documents attached to the complaint, indicate the number of sheets in the documents.
    6. Signature and date of writing the application.

    What arguments can be used

    Each situation is individual. Below are common examples that you can use in your application:

    1. The decision made is unfounded, and the offense has not been proven.
    2. The conclusions indicated in the resolution do not correspond to the real circumstances of the incident.
    3. Incorrect application of the law (misinterpretation).
    4. Failure to take into account evidence provided by the applicant in his defense.

    Which fines are better to challenge in court and which ones in the traffic police?

    If the decision was made by a traffic police inspector, then it can be appealed both in court and to a higher official of the State Traffic Inspectorate. So, where to write a complaint to resolve the issue faster and fairly?

    Practice shows that the bulk of appeals are sent to the courts, since it is the court that has no interest in the final decision, and accordingly will consider the case materials in more detail and more objectively.

    Article 30.5. Code of Administrative Offenses of the Russian Federation. Time limits for consideration of a complaint against a decision in a case of an administrative offense.

    1. A complaint against a decision in a case of an administrative offense is subject to consideration within ten days from the date of its receipt, along with all materials of the case, by the body or official authorized to consider the complaint.
    1.1. A complaint against a decision in a case of an administrative offense is subject to consideration within two months from the date of its receipt, along with all the materials of the case, by the court competent to consider the complaint.

    Thus, a complaint sent to the traffic police will be considered much faster. Therefore, it makes no sense to send appeals to the courts, according to which you are clearly recognized as right.

    Which complaints are easier to send to the traffic police?

    1. if you sold a car, and you still receive fines: in this situation, you need to appeal the received decisions and contact the REO with an application to terminate the registration of the vehicle in connection with its sale;
    2. if there are technical errors in the resolution: the state was erroneously determined. car number, if it is not your car that is captured on the photographic materials;
    3. if the camera reacted to foreign objects, and you were the intruder (the shadow of a car crossed a solid line of road markings, a motorcycle passed by in excess of the speed limit, etc.);
    4. if you were forced to drive through a red traffic light at the direction of a traffic controller;
    5. if you are stopped by a traffic police officer in a place where this is prohibited.

    That is, everything that is obvious to a person, but not obvious to a camera. And also cases when you sold your car, and the buyer, in violation of the law, did not re-register it in his name within 10 days.

    What complaints should be sent to court?

    1. Controversial situations in which the traffic police take the side of the “accuser”, when in order to make a legal decision it is necessary to consider the totality of facts confirming your case.
    2. When during administrative proceedings:
      - procedural violations were committed in the case;
      — incorrect application of the law;
      — unlawful actions were committed by employees of the State Traffic Inspectorate.

    Complaints against decisions on administrative offenses in the field of road traffic are sent to the court at the district (city) level and are not subject to state duty.

    Judicial practice (examples when the courts sided with drivers)

    1. Appeal of a violation due to the fact that the driver was not the owner (organization), but another person (driver) - the complaint was satisfied (Decision in case 12-378/2016);
    2. Appeal against speeding, due to the fact that the car was not in the possession of the owner (spouse), but of another person (spouse) - the complaint was satisfied (Decision in case 12-394/2016);
    3. Appeal against deprivation of the right to drive for leaving the scene of an accident - the complaint was left unsatisfied (Decision in case 12-88/2016);
    4. Appeal against the decision for driving while intoxicated - the complaint was satisfied (Decision in case 12-289/2016);
    5. Appeal of the decision in connection with a violation of the right to defense - the complaint was satisfied (Decision in case 12-403/2016);
    6. Reinstatement of the appeal period - the complaint is satisfied (Decision in case 12-305/2016);

    Samples of complaints against decisions

    • sold the car, but fines come to me (download);
    • traffic police officers committed violations of the procedure for bringing to justice (download);
    • I received a fine, but it’s not my car in the photo - the camera mistakenly read the state license. car number (download);
    • paid for parking, and was issued a fine - appealing the fine of the State Property Committee of the State Property Committee (download);
    • parked the car under a sign indicating the expiration date of the sign (download);

    Online appeal

    Appeals to AMPP (Moscow Parking)
    On this page you can send a complaint (appeal) to the State Public Institution "AMPP" regarding regulations for violations of the procedure for paying for parking in Moscow . The numbers of decisions that can be appealed here begin with 780 or 03554310 .

    State Public Institution “Administrator of the Moscow Parking Space” (AMPP)
    Actual address:
    Moscow, st. Staraya Basmannaya, building 20, building 1 (metro: Baumanskaya, Krasnye Vorota, Kurskaya ring)

    Phones:
    +7 (495) 539-54-54 - Unified contact center
    3210 - Short number of the Moscow Transport contact center, for calls from mobile phones (Beeline, MTS, Megafon)

    Appeals to MADI (Moscow Administrative Road Inspectorate)
    Here you can leave an appeal about disagreement with the decision (appeal it), notify about payment of the fine, request a copy of the decision, return an erroneously paid fine. The numbers of decisions by which an appeal can be sent begin with 782 or 03560430 .

    Moscow Administrative Road Inspectorate (MADI)
    Actual address:
    Moscow, st. Kalanchevskaya, 49 (metro: Prospekt Mira, Komsomolskaya)

    Phone:
    +7 (495) 540-76-56 - Single multi-channel number

    Appeals to the State Traffic Safety Inspectorate (State Traffic Inspectorate)
    ATTENTION: it is not possible to appeal the decisions of the State Traffic Safety Inspectorate through the online application form. Appeals received by the traffic police through this form are considered in accordance with the Federal Law of May 2, 2006 59-FZ “On the procedure for considering appeals from citizens of the Russian Federation.” The period for consideration of such requests is 1 month.

    To appeal decisions, you must submit a written application to the territorial traffic police department.
    The numbers of traffic police regulations start with 188 .

    Need help filing a complaint?

    Contact our specialists in the “Traffic Lawyer” section through the “order a document” or “ask a question” form. We will promptly consider your question and prepare a complaint against the decision to the court or the traffic police.

    To appeal fines in a timely manner, you need to know about them. Subscribe to notifications about new fines (STSI, MADI, AMPP) on the Online State Traffic Safety Inspectorate, pay them on time or appeal them.

    Article published date: September 29, 2016
    Last modified: July 13, 2018

    How to appeal a decision on video recording 2019

    How to appeal a fine for video recording 2019? Sample document, procedure for appealing a traffic police decision on video recording.

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    Against the backdrop of the massive introduction of photo-video recording systems in front of

    The motorist community is increasingly raising the issue of failures and incorrectness in

    operation of new police automatic systems.

    Features when appealing traffic police decisions on video recording 2019

    The situation is aggravated by the fact that, firstly, failures of a properly installed or incorrectly adjusted camera are widespread, and secondly, fines for them often come from remote transit regions - which complicates the process of filing a complaint against video recording of the traffic police.

    Unfortunately, in the current judicial practice of the Russian Federation, it is almost impossible to appeal a video recording fine for speeding. The only things that can be canceled are completely absurd regulations issued to cars on tow trucks or fines for “cosmic” speed violations.

    Complaints against the traffic police’s decision on video recording have little prospects in the case of a stop line. Especially if there is a stop sign nearby or there is at least some form of paint on the road.

    In addition to frankly erroneous fines, filing a complaint against a traffic police administrative violation resolution received from cameras makes sense if the vehicle’s owner was not driving. Especially if the car has already been sold and a purchase and sale agreement has been drawn up.

    If a friend or relative was driving, in a number of situations it makes sense to re-issue a traffic police fine to him. Especially when a large fine for repeated violations looms on the horizon.

    Appeal a fine for someone else's car

    Another popular fine from traffic police cameras that makes sense to appeal is a fine for someone else’s car. Often the traffic police camera makes mistakes and confuses license plates that are similar in appearance. Such fines are usually appealed without problems.

    Deadlines for appealing traffic police fines from cameras?

    Despite the fact that you can find out about a fine from cameras through special services long before the letter appears in your mailbox. The appeal period starts from the moment the paper version of the fine is received. In order to prepare and file a complaint, the state provides a period of 10 days. A complaint can be filed both with the traffic police and with the judicial authorities at the place where the alleged offense was committed. If a registered letter is dropped directly into the box, 10 days are usually counted from the date of its delivery (mark on the stamp).

    From the moment of filing a complaint with the traffic police or the court until receiving an official response, the motorist has the right not to pay a fine, even if the delay in the work of the authorities exceeds the 60 days allotted by law for paying the traffic police fine.

    In addition to the official proceedings in court or the traffic police, a motorist in large cities can take an alternative route - by contacting a center for video recording of violations. As a rule, such structures are helpful to motorists, especially in absurd situations.

    Where can I appeal a traffic police fine from a camera? There are two official options: the traffic police and the court. You can jump over the first one, since the police have little chance of proving something in a sensitive case.

    The complaint is submitted to the specific authority indicated on the letter. The complaint is written to the head of the traffic police of the city or region. The document can be brought in person or sent by registered mail. The main thing here is that you still have evidence of sending the complaint - receipts and incoming numbers.

    In the case of a court, the complaint must be submitted to the body whose territory of responsibility coincides with the place where the offense was committed.

    The response from the body to which you filed the complaint, be it a court or the traffic police, according to the law, must be received within 10 days. Deadlines are usually met.

    There are no strict requirements for filing complaints about video recording in Russia. A sample complaint about a traffic police fine from a camera is usually posted in a prominent place in any district court - where the secretary also gives advice on how to correctly fill out the application.

    The complaint itself must indicate the department, name and position of the person to whom it is addressed; your name and contact information; information about the decision (by whom and when issued, number); the essence of your request is the cancellation, reclassification or mitigation of punishment.

    At this stage, it is best to attach to the complaint all possible documents proving your case. We can talk about photographs of the place where the alleged offense was committed, as well as any other displays, diagrams and documents.

    Sample complaint

    A sample complaint will help you appeal a traffic police fine from a camera.

    Example of a complaint

    Head of the State Traffic Safety Inspectorate of the Ministry of Internal Affairs for [.
    ] region/city Ivanov Ivan Ivanovich
    from Petrov I.I., living at the address [. ]

    COMPLAINT
    against a decision in a case of an administrative offense

    On July 1, 2019, I received a resolution in the case of an administrative violation recorded by a video recording complex, according to which I was held accountable in the form of a fine of 1,000 rubles in accordance with Part 1 of Art. 12.12 Code of Administrative Offenses for driving through a prohibiting traffic light signal. I consider the imposition of this penalty on me to be unlawful for the reasons stated below.

    On June 16, 2019, at the intersection of Lenin Street and Griboyedov Street, traffic control was carried out by a traffic police officer (traffic controller). According to clause 6.15 of the Traffic Regulations of the Russian Federation, the driver is obliged to comply with the requirements and signals of the traffic controller, even if they contradict the traffic light signals. I passed the intersection at the prohibitory traffic light signal in the forward direction, but at that moment the traffic controller was positioned on my left side with his arms outstretched - according to clause 6.10 of the Russian Traffic Regulations, this signal allows passage of the intersection in the forward direction.

    Based on the aforesaid and guided by Article. Art. 30.1, 30.2, 30.3 of the Code of Administrative Offenses of the Russian Federation, I ask you to cancel the decision on an administrative violation (details of the decision: by whom, when issued, number).

    I am attaching to this complaint a copy of the resolution, as well as a link to a video recording from a complex of video recordings of violations (you can also attach other documents, petitions, photographs, diagrams, and so on).

    Date and signature

    The example given above will tell you how to appeal a traffic police fine from a camera. Your application to the judicial authorities should look something like this. Under the text of the complaint, it is advisable to list the list of attached documents.

    If you decide not to attend the hearing, the trial will take place without you. The answer will either be a decision to cancel the decision in the case of an administrative offense, or leave it in force. However, in case of refusal, you still have the opportunity to submit complaints to higher authorities within ten days. The period of 60 days that is given to pay the fine will begin to count 10 days after the refusal (if any) from the final authority - usually a regional (regional) court.

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