Duration of the traffic fine
Statute of limitations for paying traffic fines
- Statute of limitations
- — statute of limitations for fines from cameras
- - expiration date for bailiffs
- Due date
- If you don't pay the fine
- - if the fine is overdue
- — does a subpoena arrive?
- Question answer
The article is quite complex for an unprepared user (without experience in understanding the laws), so let’s start with a question and answer, and if you are interested in the details, read the entire article :)
Question answer
Within 60 days from the date of entry into force of the resolution. (within 70 days from the date of delivery of the decision)
If payment is not made, the traffic police fine will be canceled after two years.
There is no deadline for writing off traffic fines, that is, it will always be in the database, it is important that it is paid.
No, the case is closed upon application when the fine expires.
The period for enforcement proceedings on traffic police fines is 2 years; after this period you cannot be held accountable, but the fines are not reset.
You will have 60 days from the date of entry into force of the resolution to make payment. (within 70 days from the date of delivery of the decision)
You will have 60 days from the date of entry into force of the resolution to make payment.
A fine of double the amount, but not less than 1000 rubles.
Arrest up to 15 days.
Mandatory work until 15:00.
Within 20 days from the date of receipt of the decision.
If traffic police fines are not paid on time, they can issue a fine of double the amount, but not less than 1000 rubles, arrest for up to 15 days, and assign compulsory work for up to 15 hours. If the amount exceeds 10,000 rubles, they may be prohibited from leaving the country and removed from driving the vehicle.
If you do not pay a fine for a long time, this may become a reason for applying more serious sanctions against you. To prevent this from happening, we advise you to familiarize yourself with all the pitfalls in this matter.
What is the statute of limitations for traffic fines?
There are three situations when the statute of limitations is considered:
The inspector stopped him for violating traffic rules, but did not issue an order.
The case was brought to court, but you have not yet been summoned to the hearing.
You have been ordered to pay a fine.
In each case, there is a period after which you will not be held accountable.
There are often situations when a traffic police officer stopped you and returned your documents, but at the same time informed you that he would draw up a protocol later and you would need to drive up and pick it up.
Remember, until you receive the resolution in your hands, it cannot enter into legal force.
According to Part 1 of Article 4.5 of the Code of Administrative Offenses of the Russian Federation, if within two months you have not been issued a decree and have not handed it over, then they simply do not have the right to hold you accountable.
Your case was sent to court, but there is no result of the hearing within 3 months, then, according to the same part 1 of Article 4.5 of the Code of Administrative Offenses of the Russian Federation, the validity period of this issue will expire and will simply be irrelevant.
Unpaid car fines also have a validity period, which is two years from the date of entry into force. But there is one caveat: if the debtor is discovered after this period has expired, the punishment can be renewed and an administrative penalty imposed. To prevent this, you need to come to the traffic police and write a statement with a request to stop processing the offense upon expiration.
A resolution on the imposition of an administrative penalty is not subject to execution if this resolution has not been enforced within two years from the date of its entry into legal force.
Part 1 of Article 31.9 of the Code of Administrative Offenses of the Russian Federation
Therefore, if you have any fines, you should be careful on the road, because if you are stopped by an inspector, he will most likely check you for debt in relation to administrative offenses.
Is there a statute of limitations for fines from cameras?
As you know, not all violations can be recorded by a video camera, but a resolution will still be drawn up and sent to your postal address at the place of registration.
Often, such letters take a long time to reach the recipient or may even be lost. Regardless of how the protocol was drawn up, fines from video recording cameras of violations also have a statute of limitations of two years from the date it came into force.
What is the expiration date for traffic police fines issued by bailiffs?
When a ruling is made, you are given 10 days to appeal it. If the driver decides not to appeal, then after this period he will have 60 days to find funds and pay the debt. But the most interesting thing will happen when these two months pass. The case will be brought to court, after which, within 24 months, bailiffs will begin to look for you, and any ordinary checks by a traffic police officer may result in administrative arrest.
In other words, the shelf life of fines issued by bailiffs is equal to the statute of limitations in the traffic police, that is, two years.
But, we remind you that if you do not send the corresponding application to the traffic police after two years, then as soon as you are “identified”, the case can be resumed.
Deadlines for payment of traffic police fines by law
Once you are issued a ruling, you will have 10 days to appeal it.
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.
Part 1 of Article 30.3 of the Code of Administrative Offenses of the Russian Federation
After this, the period for paying traffic police fines begins, since the document comes into force after the end of the period provided for appeal.
An administrative fine must be paid in full by a person held administratively liable no later than sixty days from the date of entry into force of the decision to impose an administrative fine, except for the cases provided for in parts 1.1, 1.3 and 1.4 of this article, or from the date of expiration deferment or installment period provided for in Article 31.5 of this Code.
Part 1 of Article 32.2 of the Code of Administrative Offenses of the Russian Federation
Based on what is written above, you are given time to pay off the fine, which is 60 days.
If you are sure that you will not appeal and want to pay the debt as soon as possible, then first check whether your violation falls under one of the following:
Driving a vehicle that is not registered in the prescribed manner (Part 1 of Article 12.1 of the Code of Administrative Offenses of the Russian Federation).
Driving or handing over the steering wheel to a person who is intoxicated (Article 12.8 of the Code of Administrative Offenses of the Russian Federation).
Repeated speeding (parts 6 and 7 of Article 12.9 of the Code of Administrative Offenses of the Russian Federation).
Repeated driving through a red traffic light (Part 3 of Article 12.12 of the Code of Administrative Offenses of the Russian Federation).
Repeated entry into the oncoming lane (Part 5 of Article 12.15 of the Code of Administrative Offenses of the Russian Federation).
Repeated movement in the opposite direction on a one-way road (Part 3.1 of Article 12.16 of the Code of Administrative Offenses of the Russian Federation).
Causing minor or moderate harm to health (Article 12.24 of the Code of Administrative Offenses of the Russian Federation).
Refusal of a medical examination (Article 12.26 of the Code of Administrative Offenses of the Russian Federation).
Drinking alcohol after an accident (Part 3 of Article 12.27 of the Code of Administrative Offenses of the Russian Federation).
If your violation is not on this list, then from the date of the decision, within 20 days you will be given a 50% discount to pay the fine.
What happens if you don’t pay the traffic police fine?
Traffic police fines may not be paid within 70 days from the date of delivery of the decision, where 10 days are given for appeal. However, after this period of time, liability is provided for non-payment of traffic police fines, which is regulated by part 1 of article 20.25 of the Code of Administrative Offenses of the Russian Federation.
Failure to pay an administrative fine within the period provided for by this Code entails the imposition of an administrative fine in the amount of twice the amount of the unpaid administrative fine, but not less than one thousand rubles, or administrative arrest for a term of up to fifteen days, or compulsory labor for a term of up to fifty hours.
Part 1 of Article 20.25 of the Code of Administrative Offenses of the Russian Federation
In other words, if you are in debt, the fine for non-payment will be twice the amount of the fine, but not less than 1000 rubles.
But, according to Part 3 of the Note to Part 1 of Article 20.25 of the Code of Administrative Offenses of the Russian Federation, if you do not pay traffic police fines from cameras, then arrest is not applied.
Administrative arrest provided for in Part 1 of this article cannot be applied to a person who has not paid an administrative fine for committing an administrative offense provided for in Chapter 12 of this Code and recorded using special technical means operating automatically and having the functions of photography, filming, and video recording. , or means of photography, filming, and video recording.
Part 3 Notes to Part 1 of Article 20.25 of the Code of Administrative Offenses of the Russian Federation
We can conclude that if you have not paid the traffic police fine received using photo or video cameras, then you should either pay it with a 50% discount before it becomes twice as large, or hope for the statute of limitations. Read more about the 50 percent discount here.
What to do if the fine is overdue?
As you know, the traffic police imposes administrative penalties for late payment of a fine. To avoid it, and the case was not sent to court for re-examination and further transfer to bailiffs, the debt should be paid off.
When the traffic police fine is not paid within 60 days, the court, in most cases, imposes an administrative fine of double the amount, unless, of course, you are a persistent defaulter. To avoid harsher punishment, it is better to pay the specified amount.
If you do not pay the fine for more than a year, and traffic police officers do not stop you for checks, and a summons to court does not arrive in the mail, then the bailiffs are not looking for you and you can wait until the expiration of the statute of limitations (2 years) and close this fine after this period has expired. State traffic inspectors.
Are they summoned to court for failure to pay a fine?
What kind of administrative punishment to impose on you for failure to pay a fine is decided by the court, and bailiffs will monitor its implementation.
To conduct a hearing, you will definitely be summoned to court to serve a repeated ruling indicating the violation and the sanctions against you:
Double fine.
Arrest up to 15 days.
Mandatory work until 15:00.
Also, if the amount of debt is more than 10,000 rubles, then the bailiffs have the right to impose on you a ban on leaving the territory of the Russian Federation (clause 1, part 1, article 67 of the Federal Law of October 2, 2007 No. 229-FZ), as well as a temporary restriction on the use of a special right in the form of driving a vehicle (deprivation of rights).
If a debtor-citizen or a debtor who is an individual entrepreneur fails to fulfill, within the period established for voluntary execution, without good reason, the requirements contained in the enforcement document for the collection of alimony, compensation for harm caused to health, compensation for harm in connection with the death of the breadwinner, property damage and (or) moral damage caused by a crime, claims of a non-property nature related to raising children, as well as claims for the collection of an administrative fine imposed for violating the procedure for using a special right, the bailiff has the right, at the request of the claimant or on his own initiative, to issue a resolution on a temporary restriction on the use of the debtor special right. If the requirements of the executive document for the collection of an administrative fine imposed for violating the procedure for using a special right are not fulfilled, the debtor may be limited in the use of only this special right.
Part 2 of Article 67.1 of the Federal Law of October 2, 2007 No. 229-FZ
As soon as you receive a letter saying that enforcement proceedings have been initiated against you, you will have 5 days to voluntarily pay off your debts, otherwise, otherwise, you will not be released from the country, removed from driving the vehicle, and also blocked funds in accounts.
The period for voluntary execution is five days from the date the debtor receives the resolution to initiate enforcement proceedings, unless otherwise established by this Federal Law.
Part 12 of Article 30 of the Federal Law of October 2, 2007 No. 229-FZ
To avoid all this red tape and not regret what you have done, we advise you to periodically check for fines, as well as make timely payment of debt.
Statute of limitations for paying traffic fines
- Statute of limitations
- — statute of limitations for fines from cameras
- - expiration date for bailiffs
- Due date
- If you don't pay the fine
- - if the fine is overdue
- — does a subpoena arrive?
- Question answer
Question answer
Within 60 days from the date of entry into force of the resolution. (within 70 days from the date of delivery of the decision)
If payment is not made, the traffic police fine will be canceled after two years.
There is no deadline for writing off traffic fines, that is, it will always be in the database, it is important that it is paid.
No, the case is closed upon application when the fine expires.
The period for enforcement proceedings on traffic police fines is 2 years; after this period you cannot be held accountable, but the fines are not reset.
You will have 60 days from the date of entry into force of the resolution to make payment. (within 70 days from the date of delivery of the decision)
You will have 60 days from the date of entry into force of the resolution to make payment.
A fine of double the amount, but not less than 1000 rubles.
Arrest up to 15 days.
Mandatory work until 15:00.
Within 20 days from the date of receipt of the decision.
If traffic police fines are not paid on time, they can issue a fine of double the amount, but not less than 1000 rubles, arrest for up to 15 days, and assign compulsory work for up to 15 hours. If the amount exceeds 10,000 rubles, they may be prohibited from leaving the country and removed from driving the vehicle.
If you do not pay a fine for a long time, this may become a reason for applying more serious sanctions against you. To prevent this from happening, we advise you to familiarize yourself with all the pitfalls in this matter.
What is the statute of limitations for traffic fines?
There are three situations when the statute of limitations is considered:
The inspector stopped him for violating traffic rules, but did not issue an order.
The case was brought to court, but you have not yet been summoned to the hearing.
You have been ordered to pay a fine.
In each case, there is a period after which you will not be held accountable.
There are often situations when a traffic police officer stopped you and returned your documents, but at the same time informed you that he would draw up a protocol later and you would need to drive up and pick it up.
Remember, until you receive the resolution in your hands, it cannot enter into legal force.
According to Part 1 of Article 4.5 of the Code of Administrative Offenses of the Russian Federation, if within two months you have not been issued a decree and have not handed it over, then they simply do not have the right to hold you accountable.
Your case was sent to court, but there is no result of the hearing within 3 months, then, according to the same part 1 of Article 4.5 of the Code of Administrative Offenses of the Russian Federation, the validity period of this issue will expire and will simply be irrelevant.
Unpaid car fines also have a validity period, which is two years from the date of entry into force. But there is one caveat: if the debtor is discovered after this period has expired, the punishment can be renewed and an administrative penalty imposed. To prevent this, you need to come to the traffic police and write a statement with a request to stop processing the offense upon expiration.
A resolution on the imposition of an administrative penalty is not subject to execution if this resolution has not been enforced within two years from the date of its entry into legal force.
Part 1 of Article 31.9 of the Code of Administrative Offenses of the Russian Federation
Therefore, if you have any fines, you should be careful on the road, because if you are stopped by an inspector, he will most likely check you for debt in relation to administrative offenses. What happens if you don’t pay the fine, read our article.
Is there a statute of limitations for fines from cameras?
As you know, not all violations can be recorded by a video camera, but a resolution will still be drawn up and sent to your postal address at the place of registration.
Often, such letters take a long time to reach the recipient or may even be lost. Regardless of how the protocol was drawn up, fines from video recording cameras of violations also have a statute of limitations of two years from the date it came into force.
What is the expiration date for traffic police fines issued by bailiffs?
When a ruling is made, you are given 10 days to appeal it. If the driver decides not to appeal, then after this period he will have 60 days to find funds and pay the debt. But the most interesting thing will happen when these three months pass. The case will be brought to court, after which, within 22 months, bailiffs will begin to look for you, and any ordinary checks by a traffic police officer may end in a bullpen.
In other words, the shelf life of fines issued by bailiffs is equal to the statute of limitations in the traffic police, that is, two years.
But, we remind you that if you do not send the corresponding application to the traffic police after two years, then as soon as you are “identified”, the case can be resumed.
Deadlines for payment of traffic police fines by law
Once you are issued a ruling, you will have 10 days to appeal it.
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.
Part 1 of Article 30.3 of the Code of Administrative Offenses of the Russian Federation
After this, the period for paying traffic police fines begins, since the document comes into force after the end of the period provided for appeal.
An administrative fine must be paid in full by a person held administratively liable no later than sixty days from the date of entry into force of the decision to impose an administrative fine, except for the cases provided for in parts 1.1, 1.3 and 1.4 of this article, or from the date of expiration deferment or installment period provided for in Article 31.5 of this Code.
Part 1 of Article 32.2 of the Code of Administrative Offenses of the Russian Federation
Based on what is written above, you are given time to pay off the fine, which is 60 days.
If you are sure that you will not appeal and want to pay the debt as soon as possible, then first check whether your violation falls under one of the following:
Driving a vehicle that is not registered in the prescribed manner (Part 1 of Article 12.1 of the Code of Administrative Offenses of the Russian Federation).
Driving or handing over the steering wheel to a person who is intoxicated (Article 12.8 of the Code of Administrative Offenses of the Russian Federation).
Repeated speeding (parts 6 and 7 of Article 12.9 of the Code of Administrative Offenses of the Russian Federation).
Repeated driving through a red traffic light (Part 3 of Article 12.12 of the Code of Administrative Offenses of the Russian Federation).
Repeated entry into the oncoming lane (Part 5 of Article 12.15 of the Code of Administrative Offenses of the Russian Federation).
Repeated movement in the opposite direction on a one-way road (Part 3.1 of Article 12.16 of the Code of Administrative Offenses of the Russian Federation).
Causing minor or moderate harm to health (Article 12.24 of the Code of Administrative Offenses of the Russian Federation).
Refusal of a medical examination (Article 12.26 of the Code of Administrative Offenses of the Russian Federation).
Drinking alcohol after an accident (Part 3 of Article 12.27 of the Code of Administrative Offenses of the Russian Federation).
If your violation is not on this list, then from the date of the decision, within 20 days you will be given a 50% discount to pay the fine.
What happens if you don’t pay the traffic police fine?
Traffic police fines may not be paid within 70 days from the date of delivery of the decision, where 10 days are given for appeal. However, after this period of time, liability is provided for non-payment of traffic police fines, which is regulated by part 1 of article 20.25 of the Code of Administrative Offenses of the Russian Federation.
Failure to pay an administrative fine within the period provided for by this Code entails the imposition of an administrative fine in the amount of twice the amount of the unpaid administrative fine, but not less than one thousand rubles, or administrative arrest for a term of up to fifteen days, or compulsory labor for a term of up to fifty hours.
Part 1 of Article 20.25 of the Code of Administrative Offenses of the Russian Federation
In other words, if you are in debt, the fine for non-payment will be twice the amount of the fine, but not less than 1000 rubles.
But, according to Part 3 of the Note to Part 1 of Article 20.25 of the Code of Administrative Offenses of the Russian Federation, if you do not pay traffic police fines from cameras, then arrest is not applied.
Administrative arrest provided for in Part 1 of this article cannot be applied to a person who has not paid an administrative fine for committing an administrative offense provided for in Chapter 12 of this Code and recorded using special technical means operating automatically and having the functions of photography, filming, and video recording. , or means of photography, filming, and video recording.
Part 3 Notes to Part 1 of Article 20.25 of the Code of Administrative Offenses of the Russian Federation
We can conclude that if you have not paid the traffic police fine received using photo or video cameras, then you should either pay it with a 50% discount before it becomes twice as large, or hope for the statute of limitations.
What to do if the fine is overdue?
As you know, the traffic police imposes administrative penalties for late payment of a fine. To avoid it, and the case was not sent to court for re-examination and further transfer to bailiffs, the debt should be paid off.
When the traffic police fine is not paid within 60 days, the court, in most cases, imposes an administrative fine of double the amount, unless, of course, you are a persistent defaulter. To avoid harsher punishment, it is better to pay the specified amount.
If you do not pay the fine for more than a year, and traffic police officers do not stop you for checks, and a summons to court does not arrive in the mail, then the bailiffs are not looking for you and you can wait until the expiration of the statute of limitations (2 years) and close this fine after this period has expired. State traffic inspectors.
Are they summoned to court for failure to pay a fine?
What kind of administrative punishment to impose on you for failure to pay a fine is decided by the court, and bailiffs will monitor its implementation.
To conduct a hearing, you will definitely be summoned to court to serve a repeated ruling indicating the violation and the sanctions against you:
Double fine.
Arrest up to 15 days.
Mandatory work until 15:00.
Also, if the amount of debt is more than 10,000 rubles, then the bailiffs have the right to impose on you a ban on leaving the territory of the Russian Federation (clause 1, part 1, article 67 of the Federal Law of October 2, 2007 No. 229-FZ), as well as a temporary restriction on the use of a special right in the form of driving a vehicle (deprivation of rights).
If a debtor-citizen or a debtor who is an individual entrepreneur fails to fulfill, within the period established for voluntary execution, without good reason, the requirements contained in the enforcement document for the collection of alimony, compensation for harm caused to health, compensation for harm in connection with the death of the breadwinner, property damage and (or) moral damage caused by a crime, claims of a non-property nature related to raising children, as well as claims for the collection of an administrative fine imposed for violating the procedure for using a special right, the bailiff has the right, at the request of the claimant or on his own initiative, to issue a resolution on a temporary restriction on the use of the debtor special right. If the requirements of the executive document for the collection of an administrative fine imposed for violating the procedure for using a special right are not fulfilled, the debtor may be limited in the use of only this special right.
Part 2 of Article 67.1 of the Federal Law of October 2, 2007 No. 229-FZ
As soon as you receive a letter saying that enforcement proceedings have been initiated against you, you will have 5 days to voluntarily pay off your debts, otherwise, otherwise, you will not be released from the country, removed from driving the vehicle, and also blocked funds in accounts.
The period for voluntary execution is five days from the date the debtor receives the resolution to initiate enforcement proceedings, unless otherwise established by this Federal Law.
Part 12 of Article 30 of the Federal Law of October 2, 2007 No. 229-FZ
To avoid all this red tape and not regret what you have done, we advise you to periodically check for fines, as well as make timely payment of debt.
Limitation period for traffic police fines in 2019 | Statute of limitations
Can the statute of limitations on a traffic police fine expire so that it no longer has to be paid?
⚡️The statute of limitations for administrative and criminal cases appeared in the world legal system several thousand years ago and is currently enshrined in most legislation of the countries of the Romano-Germanic legal family.
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Despite the ongoing debate among legal scholars, in 2019 a rule related to the de facto nullification of liability for committing certain illegal actions after a long period of time also exists in Russian legislation. The rule is associated with the loss of social significance of certain crimes at a significant temporary distance from the moment of their commission, the inappropriateness of punishment, years separated from the crime, problems with the evidence base in old cases.
Collect traffic police fines in an armful and throw copies of decisions in the trash - what could be simpler? Unfortunately, this method of solving the problem will only delay, and often even worsen, the situation of the motorist.
Among other, often very serious offenses, trivial traffic police fines also fall under the rule regarding the statute of limitations. This issue in the Code of Administrative Offenses is regulated by Article 31.9. The statute of limitations under the ShG is 2 years from the date the resolution enters into legal force.
Article 31.9. Limitation of execution of a resolution on the imposition of an administrative penalty 1. A resolution on the imposition of an administrative penalty is not subject to execution if this resolution was not enforced within two years from the date of its entry into legal force.
We can agree that two years or 24 months is a fairly short period of time in a human life, and a Russian is quite capable of waiting out such a period of time. In ideal conditions for a motorist, this is exactly the case. Moreover, until recently, a significant number of motorists managed to slip through the described window of opportunity and evade the traffic police fines imposed on them, guided by the rule of reaching the statute of limitations .
Today, it is extremely difficult for a motorist from a large city to endure traffic fines until expire . There are the following reasons for this:
- Electronic mobile databases of unpaid traffic police fines from the traffic police;
- Active work of the bailiff service;
- Prohibition on registration of a vehicle with outstanding fines.
Hypothetically, there is, of course, a chance to hold out until the “amnesty” associated with the expiration of the statute of limitations on traffic police fines . But let's look at what the life of a motorist will consist of throughout the entire waiting period.
The first ten days after receiving a traffic police fine are the most rewarding time. This period is left by the legislator for appealing the very fact of committing an offense. During this time, the offender can live a normal life without attracting the attention of government authorities. Then another 60 cloudless days are given to find funds to pay the collection. Clouds will begin to gather over the careless motorist on the 70th day of late payment. During this period, a significant part of the fines goes to bailiffs, but even here the “penalty officer” has the right to count on 10 days of persuasion and requests.
Then the motorist will find himself in a kind of airless space for 22 months. Both traffic police and bailiffs will be interested in his personality at the same time. Any evening check of documents can end in the bullpen, the debtor’s property - his wages and bank accounts, will be levied, virtually without warning, the court can easily deprive the driver-debtor of his rights, limit his right to travel, double the existing debt or sentence him to real correctional work. The full arsenal of means of influencing the “dodger” from fines, available “in the arsenal” of the security services, is so large that just listing them could lead to a separate article.
There is a chance that in the case of a very small traffic police fine of 500-1000 rubles, no one will hunt you. However, there is little point in living in fear for two years because of such a trifling amount. In the case of larger amounts, you are guaranteed to attract the interest of bailiffs and the traffic police. In such cases, it will be extremely difficult to delay until the statute of limitations on traffic police fines expires . And in the cases of such large, advanced regions as Moscow and the Moscow region, St. Petersburg and the Leningrad region, the Krasnodar Territory and the Republic of Tatarstan, it is almost impossible - the work of state control bodies is too clearly structured for these territories.
There are other subtleties, as we have repeatedly mentioned, the traffic police fine after a 70-day delay in payment goes to the FSSP (Federal Bailiff Service). No matter how stupid it may sound, bailiffs are not as friendly to car owners as the traffic police. It is rarely possible to quickly and reliably pay off fines sent to the FSSP. Resolving issues at this stage involves going to banks and working with paper receipts.
By the way, even if the motorist in some extraordinary way still managed to “avoid” the traffic police and the FSSP for two years and reached the expiration of the statute of limitations on fines , he still will not be able to avoid the final bow to government agencies.
The head of the local traffic police, in an amicable way, should receive from a debtor with fines for which the statute of limitations has expired , an application with a request to stop execution of them and remove irrelevant information from the general database.
And finally, on the topic of statute of limitations , we note that avoiding paying a traffic fine , that is, waiting for the expiration of its statute of limitations , is mostly achieved not by drivers who hid well from the bailiffs, but, rather, by motorists whom the bailiffs did not look for well or did not look for at all. . Clauses 2, 3 and 4 of the same article tell us about this 31.9 :
- The statute of limitations for traffic police fines begins to be calculated anew if either a person evading payment of the fine or his property is discovered;
- If the fine was to be paid in installments or deferment, then the statute of limitations is increased by the amount of the latter.
The easiest way to protect your life from unnecessary hassle is still to timely pay the traffic police fine . It is possible to play super-agent with the state, but coming out of this game as a winner is an extraordinary task. As always in our publications, we recommend that drivers check and instantly pay their fines through the online service “Staff Fines”.
Statute of limitations for traffic police fines
Good afternoon, dear reader.
Not every driver knows that traffic police fines received quite a long time ago may not be paid on completely legal grounds.
This article will discuss the statute of limitations for traffic police fines , as well as the features of paying overdue fines for traffic violations.
Statute of limitations for traffic police fines
The statute of limitations for traffic police fines is regulated by Article 31.9 of the Code of Administrative Offences:
Article 31.9. Limitation period for execution of a decision imposing an administrative penalty
1. A resolution on the imposition of an administrative penalty is not subject to execution if this resolution has not been enforced within two years from the date of its entry into legal force.
The statute of limitations is 2 years from the date of entry into force of the decision imposing a fine.
Calculation of the statute of limitations for traffic police fines
Let me remind you that the decision to impose an administrative fine comes into force 10 days after it is issued (10 days are given for appealing it).
Thus, if the driver does not pay the traffic police fine within 2 years + 10 days , no one will be able to collect this fine from him.
Let's look at the situation using an example. Today is September 18, 2018. Let's subtract 2 years and 10 days from this date. Thus, fines for violations committed by drivers before September 7, 2016 do not need to be paid. Fines received after this date will have to be paid.
One more feature. If the driver appeals the decision to impose a fine (for example, in court), then 2 years will begin to count only after the decision comes into force, i.e. after the court hearing (+ possible period for appeal).
By the way, I would like to remind you that for failure to pay traffic police fines, the driver may be subject to a double fine (but not less than a thousand rubles), or compulsory work for up to 50 hours, or administrative arrest for up to 15 days. Administrative arrest cannot be used as punishment for non-payment of fines recorded automatically (by cameras).
Validity period of the traffic police fine.
If traffic rules are violated, representatives of the State Automobile Inspectorate may issue the driver a fine, which must be paid in order to avoid penalties and other sanctions from government agencies. There are three situations when the statute of limitations in relation to fines is considered.
These are the cases when:
- A traffic police representative stopped the driver for violating traffic rules, but did not issue an official order;
- The case was transferred to the judicial authority, but the driver was not notified of the court hearing in accordance with the procedure established by law;
- As the driver of a vehicle, you have been ordered to pay penalties.
The statute of limitations for fines from the traffic police is regulated by the provisions of Article 31.9 of the Code of Administrative Offenses. The provisions of this article indicate that a resolution imposing an administrative penalty in the form of a fine shall not be imposed if this resolution has not been put into effect within two calendar years from the moment it came into force.
It should be noted that the decision to impose penalties comes into effect within ten days from the moment it was made by a representative of the state automobile inspection. If somehow the driver does not pay the fine within two calendar years, then it is virtually impossible to collect it. It should also be said that if the driver wishes to appeal the decision of the representative of the State Automobile Inspectorate in court, then the period is counted
It is better not to evade paying penalties, since then government officials may impose a fine of twice the amount on the motorist. It can also be such types of punishment as compulsory labor for up to fifty hours or even administrative arrest for a period of fifteen days. According to the provisions of part one of Article 4.5 of the Code of Administrative Offenses of Russia, if your case was sent to court, but there is no result of the hearing within three calendar months, then, according to the same part 1 of Article 4.5 of the Code of Administrative Offenses of the Russian Federation, the validity period of this issue will expire.
Unpaid car fines also have a validity period, which is two years from the date of entry into force. But there is one caveat: if the debtor is discovered after this period has expired, the punishment can be renewed and an administrative penalty imposed. To prevent this, you need to come to the traffic police and write a statement with a request to stop processing the offense upon expiration.
Is there a statute of limitations if the fine is “from camera”?!
According to statistics, quite often drivers are caught just when they are caught on a CCTV camera exceeding the speed limit. Even if the offense was not recorded by a camera, the decision on violation of traffic rules will still be sent to the address where the motorist is registered and he will be ordered to pay fines.
The statute of limitations is exactly the same as for a simple resolution, although often such letters simply take a long time to reach the addressee or may even be lost. Regardless of how the protocol was drawn up, fines from video recording cameras of violations also have a statute of limitations of two years from the date it came into force.
You should also talk about the expiration dates of fines from bailiffs. At the time the decision is made, the motorist has ten calendar days to appeal it legally. If the motorist decides not to appeal the decisions of the State Automobile Inspectorate, then after this period, he will have exactly sixty calendar days to find funds and pay the debt. But the most interesting thing will happen when these three months pass. The case will be brought to court, after which, within twenty-two months, representatives of the FSSP will begin to look for you, and any ordinary checks by a traffic police officer can end quite sadly for the driver.
Deadlines for payment of fines in accordance with legal regulations.
In accordance with established civil law standards, after a decision is issued, the driver can appeal it within ten calendar days from the date of issuance.
The driver is given sixty calendar days to pay off the fine, and if you are sure that they do not want to pay, then check whether your offense falls under such articles as repeated speeding, driving an unregistered vehicle, and repeatedly running a red traffic light. , repeated driving into the oncoming lane, causing harm to health of mild and moderate severity, refusal of a medical examination, refusal to drink alcohol after a traffic accident.
What happens if you refuse to pay fines from the State Automobile Inspectorate? Failure to pay an administrative fine within the period prescribed by law entails the imposition of an administrative fine of twice the amount, mandatory correctional labor, or even arrest.
As you know, the traffic police imposes administrative penalties for late payment of a fine. To avoid it, and the case was not sent to court for re-examination and further transfer to bailiffs, the debt should be paid off. If the fine is overdue, the driver may be declared a willful defaulter and it is better to pay the money, since due to unpaid fines you may be prohibited from traveling abroad or other sanctions may be imposed.
For example, if the amount of debt is more than ten thousand rubles, then bailiffs have the right to impose a ban on you leaving the territory of Russia. Among other things, motorists are also subject to a temporary restriction on the use of a special right in the form of driving a vehicle (that is, you may be legally deprived of your rights). As soon as you receive a letter saying that enforcement proceedings have been initiated against you, you will have five calendar days to voluntarily pay off your debts to the state.
