Where to go if a fine was issued incorrectly
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:
- Full name and position of the person to whom the complaint is addressed.
- Full name, address and contact details of the applicant.
- Number and date of issue of the fine.
- A reasoned request to cancel the decision with a description of the reasons.
- List of attached documents (copy of the resolution, photographic materials, other documents confirming your case).
- Note: “Please consider without personal participation” (if you cannot be present during the consideration).
- 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.
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 -
“>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, 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 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.
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, 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.
What to do if the traffic police fine came by mistake
Every city in Russia has cameras that record everything that happens on the roadway. If a driver violates traffic rules, he receives a letter with a photo of his car and information about when, how and where the violation was committed. True, technology tends to make mistakes. This leads to the fact that sometimes car owners receive fines for something they did not do. We will talk about what to do if the traffic police fine was received by mistake in this article.
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Why do erroneous fines appear?
To understand why such situations arise, let's figure out how the photo and video recording system itself works. A camera installed on the roadway records all lanes and oncoming traffic if it has been configured to do so.
As soon as one or another traffic violation has been recorded (exceeding speed, etc.), the data is sent to the records processing center.
Then one computer operates. He reads the car number and searches for its owner. This is where the fun begins. The robot does not always correctly recognize letters and numbers. Instead of “M” he may see “N”, and in place - “O” - “S”, etc. This is how confusion occurs, and the photo of the car goes to the wrong owner along with a fine.
After the information has been processed by the computer, it is made available to the operator. He checks the correctness of the robot’s actions, but he can also make mistakes. Then such erroneous data is accepted by the traffic police inspector. He must again perform the check on both the computer and the operator.
If he didn’t notice anything, then he puts his signature under the fine with a photo, and the “letter of happiness” rushes to puzzle the next car enthusiast.
Have you paid a traffic fine twice and don’t know how to get your money back? Check out this article.
Thus, system errors become the reasons for many incorrectly issued fines.
There are other reasons for their appearance:
- there is a second car that has fake license plates, but they completely match yours;
- the car was stolen and the thief violated traffic rules;
- you sold your car, but information about the new violating owner has not yet entered the system;
- the system counted the number of your car, since it was moving immediately behind the one whose owner violated the rule.
A driver who is stopped on the highway by a traffic police officer is also not insured against an incorrectly issued fine. This can happen due to the inspector’s usual carelessness or his intention to attribute violations to the motorist without understanding the situation. How many fines can a traffic police officer issue at one time? Read more about this here.
What to do if you were issued an erroneous fine by the traffic police will be discussed in the next section.
How to challenge fines
To avoid a fine issued by an inspector when stopped on the road, you must take a copy of the report from him. He must give it to you himself after discharge, but if he has not done this, demand it yourself.
Under no circumstances should you sign the words “I agree with the violation.” Otherwise, it is tantamount to your sincere confession.
If a fine is issued, you have 10 days from the date of receipt to take action to cancel it. The date of its receipt is considered to be the date when the car owner received a letter notifying him of the fine. Your signature on the form will confirm that the letter has been received.
Read about how to check parking fines by car number here.
How to pay traffic fines is in this article.
You can find out about an erroneous fine by checking their availability through the State Services website.
An appeal against a fine can be made through the State Traffic Inspectorate office, on the State Traffic Safety Inspectorate website, or by filing a statement of claim in court (if an appeal to the State Traffic Safety Inspectorate was unsuccessful). You can only get advice on your problem by phone.
If for some reason you were unable to file a complaint within 10 days, then you need to provide documents proving that you had a serious reason for this. This could be a medical certificate, etc.
Grounds for recognizing the fine as erroneous
They can be photo or video materials. When registering a traffic violation, the inspector must provide them to you along with a copy of the protocol.
If you learned about the fine through the State Services website or received a letter by mail, you need to contact the center for photo/video recording of violations to receive materials .
Carry out a thorough comparison of the photograph or video you received with the data that you were able to obtain.
Attention ! You cannot appeal a fine on the State Services website.
Through the traffic police
When contacting the State Traffic Inspectorate in person, take with you a copy of the resolution and a copy of the vehicle registration. All documents can also be sent by registered mail, with notification.
This can also be done on the traffic police website by sending a request explaining why the driver does not agree with the fine issued. However, this is not the fastest option, because... such appeals are considered under 59 Federal Laws, that is, within 30 days (by then the period allotted for appealing will have already expired), while the complaint is resolved under Art. 30.2 of the Administrative Code, i.e. within 10 days.
You can read more about the procedure for contacting the traffic police via the Internet here.
If after the allotted time you still have not received an answer, then all that remains is to file an application with the court.
To appeal a fine, you must submit a complaint to the court, drawn up carefully and clearly. It must state the reasons why you do not agree with the fine you received.
If you have evidence that you are right, such as photographs or videos, you must provide them.
Conclusion
Wrong traffic fines are not that uncommon these days. They arise as a result of computer errors or the inattention and absent-mindedness of operators of photo and video recording centers and inspectors.
To appeal them, you need to contact the State Traffic Inspectorate or the court to prove your case. This can also be done online, through the traffic police website. However, keep in mind that you are given 10 days to appeal, and a complaint through the website can be considered up to 30 days. The grounds for cancellation of fines may include materials that must be provided to you at the automated recording center.
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Wrong address
Due to the sharp growth of photo-video recording systems, new problems suddenly appeared on the roads. People who have a car began to receive “letters of happiness” from the traffic police for violations that they simply did not commit.
What to do in this situation, where to go and what to do if you find yourself one of these “lucky ones”? The details were told to the RG correspondent in the capital's traffic police department. Actually, the whole thing started with the fact that some motorists of our newspaper showed me the “letters of happiness” that they had received. In the first of them, the photograph shows a car and its license plate. But the computer did not quite correctly read one of the digits of the number. As a result, the receipt did not go to the person who violated the rules, but to a completely different person, who has a car of a different brand.
The system of photo-video recording of offenses is quite new. It started working in Moscow only last year. At that time, only fifty cameras monitored the situation on the roads. And this year, 150 cameras began working in full force. As a result, the amount of processed materials has increased significantly. On average, about nine thousand materials pass through the photo-video recording center per day.
Now let's talk about how it all works. A camera installed on the road records the violation. Its peephole covers not just one lane, but all four or six lanes of the road.
It can even control flows in opposite directions if it is configured to do so. As soon as its radar detects speeding, the image is sent to the information processing center. There, the computer reads the car number, finds its owner in the database, compares all this and sends it to the operator’s computer in a single document. Next comes work in manual mode. The operator of the photo-video recording center checks the information received. Is the car number legible, does the car shown in the photograph match the one to whose owner the decree will be sent. If nothing alerts him, he sends this information to the inspector. The inspector checks everything again and puts an electronic digital signature under the assigned punishment. After which the letter of “happiness” is sent to the addressee.
If the operator or inspector has questions about the number, or if the machine cannot be identified in the photograph, the material is thrown into the trash. However, as practice shows, not always.
Unfortunately, technology can make mistakes. One can be perceived as seven. Even a nine can become a seven if its middle part is covered with mud. There may be an error with the letters. "M" is not much different from "N", "O" can be mistaken for "S". It's human nature for a computer to make mistakes. This is why people sit in front of the monitor. But they are also human: after checking a thousand pictures, you will definitely be wrong on the 1001st. The eye blurs.
As a result, another colleague of mine received a letter of “happiness” in the mail, where the car was not visible at all. Only the headlights in the photo. But definitely not his headlights. And in the number the first letter is not possible to accurately determine. The computer thought it was "H", although it could just as likely be "M". What should the car owner do in this case? How can you avoid paying a fine for another “uncle” without being guilty yourself?
The fact is that a fine not paid on time can play a bad joke. If the case ends up in the hands of bailiffs, problems may arise at the border. You will not be able to leave the country until you pay the fine.
In addition, an erroneous fine of even three hundred rubles will be an aggravating circumstance if you have committed a more serious violation that is being considered in court. For example, we drove into oncoming traffic. With a clean driving record, you will lose your license for 4 months, and with an unpaid fine, even if it is erroneous, you will be considered a repeat offender and will lose your license for six months.
How to challenge an erroneous fine? The Moscow traffic police told the RG correspondent what needs to be done for this. There are several ways. If the car owner does not agree with the decision, he can appeal it within 10 days from the date of delivery. The date of delivery is considered to be the date when a person came to the post office with a notification of a registered letter and received it in his hands against a personal signature. Such decisions are sent only with acknowledgment of receipt. As a rule, the envelope bears the stamp of the State Traffic Inspectorate.
If the owner does not agree with the violation charged to him, then he must submit a statement to the photo-video recording center.
It can be sent by mail (preferably with acknowledgment of delivery). For advanced users, an application can be submitted via the website 77.gibdd.ru. There, in the “reception of appeals” section, the person indicates that he received a decision on a violation recorded by a photo-video recording device, and explains what he does not agree with.
Those people who are comfortable personally participating in the analysis of this case can come to an appointment at the photo-video recording center. And write a statement on the spot.
In cases where it is inconvenient for a person to come to the traffic police in person, he must write in a written request: “I ask you to consider the application without my personal participation.” And then he will receive a response from the traffic police at the address indicated in the application.
As can be seen from all of the above, in any case, a person needs to write a statement and send it to the traffic police. By calling the phone number specified in the resolution, he will only be advised where he needs to go and what to do. That is, a person who is guilty only of having a car must justify himself for something he did not do. In the above cases, we are talking specifically about the mistakes of operators and inspectors who did not track down that the car in the photo was not the same, that the electronics incorrectly recognized the license plate. Maybe such cases should be solved much more simply? For example, use the telephone right. The car owner called and reported such an error, the inspector checked, made sure that there really was an error, and relieved the car owner of responsibility for this matter. But for this it is necessary to change the article in the Code of Administrative Offenses, which talks about appeal. The question for legislators is whether they are ready to solve a problem that will get worse. After all, the system of “electronic fines” will develop rapidly, which means the number of erroneous decisions about driving violations will increase sharply. Should a driver pay for other people's mistakes - with time, nerves and rubles?
A decree has been prepared by the Moscow government, according to which, from April 1, vehicle inspections in the capital will become more expensive.
Probably, some figures will be of interest to car owners in other regions. The maximum cost of technical inspection for a passenger car will be 720 rubles (still 690 rubles). Inspection of trucks weighing up to 3.5 tons will cost 770 rubles (now 790), 3.5-12 tons - 1510 rubles (now 1060), over 12 tons - 1630 rubles (now 1140). Inspection of buses weighing up to 5 tons will increase from 910 rubles to 1290, over 5 tons - from 1100 to 1560 rubles. Motorcycle inspection will cost 240 rubles (currently 230).
Let us remind you that inspection points can set their own price for this service, but not higher than that set by the regional government.
The traffic police fine arrived by mistake: what actions are necessary?
- The traffic police fine arrived by mistake: what actions are necessary?
- Reasons for erroneous fines
- Video: erroneous fines
- Grounds for recognizing the fine as erroneous
- Where to go and how to challenge erroneous fines
- Through the traffic police
- Through the court
- What to do if you refuse
- Video: What are the consequences of unpaid traffic fines?
Notification of fines is a very unpleasant event for every motorist, especially when the fines are issued in error. It is quite logical that the driver does not want to pay a fine for a violation that has not been committed. Accordingly, in such situations the question arises of where to go and how to appeal such a decision.
Reasons for erroneous fines
Many motorists do not understand why such mistakes happen. Wrongful fines are not a rare occurrence, and they can appear due to the fault of both traffic police officers and automated equipment.
- Inspector incompetence. A “newbie” can stop a motorist for violating, in his opinion, for example, the rules of turning at an intersection. Such erroneous judgments arise from the traffic police officer’s ignorance of the area and the signs installed on it. Confident that he acted correctly, the driver can challenge the fine before the protocol is drawn up, pointing to the signs and being guided by the provisions of the traffic rules law.
- Errors associated with malfunction or incorrect operation of photo and video devices that record violations. The list of technical errors of the cameras includes incorrect reading of vehicle license plates and erroneous driving parameters in a certain area (due to inaccurate indicators, the device will record the vehicle speeding, which in fact did not happen). System errors often occur when the driver of one vehicle violates, and the system issues a fine to another car that is driving behind the violator.
- The vehicle was not driven by the owner of the vehicle. In the case when the car was stolen or after the sale the new owner did not register the vehicle, as a result of violations of traffic rules by this car, notifications of fines will be received by the owner - the one to whom the car is registered.
- Auto-twin. We cannot exclude the possibility that there is a car with fake signs and documents on the territory of the Russian Federation. And in case of traffic violations by the driver of such a vehicle, all fines will be sent to the honest motorist on his car with the same data. Such situations can cause difficulties when selling a car, or rather, in re-registering it. In this case, you should immediately contact law enforcement authorities.
- Sold car. Due to the slow work of government agencies, previous owners receive fines for cars that were previously sold. With the help of a property purchase and sale agreement, the former owner can prove his innocence.
- Operator inattention. If the system incorrectly counted the numbers, the operator can correct this. But if he is inattentive or tired, he may not notice the error.
Video: erroneous fines
Grounds for recognizing the fine as erroneous
There are often situations when a motorist not only received a fine by mistake, but paid it due to inattention. Having grounds to consider the penalty to be erroneous, you can not only get the decision reversed, but also get the money spent back. Such evidence includes photographic and video materials. When an inspector documents a violation, he is required to attach these additions to the protocol.
Upon learning of a penalty on the State Services portal or upon receiving a notification email, the owner must contact the data processing center to obtain the necessary materials. The received photos or videos must be carefully studied, checking them with your own photographs and videos. It is important to pay attention to various details, check numbers, etc.
Where to go and how to challenge erroneous fines
To avoid paying a fine issued by a traffic police officer, the driver should pick up a copy of the completed protocol. Sometimes the inspector does not offer a second copy of the document - then you should ask for one. Once you have been issued a fine, you have ten days to resolve the issue. If you received a notice of a fine by mail, the ten-day countdown begins from the date of receipt of the notice. Your signature on the form confirms your receipt of the letter.
You can challenge this decision in the following ways:
- visit the State Traffic Inspectorate office;
- appeal on the website of the State Traffic Inspectorate of the Ministry of Internal Affairs of Russia;
- file a claim with the judicial authorities.
You can also call the traffic police in advance for advice on this issue.
If the motorist failed to meet the ten-day deadline, he has the right to provide evidence confirming the difficulty or impossibility of carrying out the procedure for challenging the fine. Such documents include a medical certificate and other papers.
Through the traffic police
A personal visit to the State Traffic Inspectorate office is accompanied by the provision of copies of the resolution and vehicle registration document. The motorist also has the opportunity to send a notification and the necessary documentation by mail (registered mail). Using the traffic police website, the driver can use the “Reception of requests” tab (located in the “Services” section) to find the necessary form, which must be filled out and sent. The website also allows you to send a request explaining the reason for disagreement with the issued fine.
Online application is considered a rather slow method, since this type of request will be considered in accordance with Federal Law No. 59 “On the procedure for considering applications from citizens of the Russian Federation,” which can take up to 30 days. During this time, the period for appeal will have already expired, so it is better to personally contact the traffic police department so that the complaint can be considered under Article 30.2 of the Code of Administrative Offenses of the Russian Federation, and as a result, the issue will be resolved in a maximum of 10 days.
There are situations when the allotted period has expired and a response has not been received. Then the car owner needs to apply to the judicial authorities with a statement of claim.
In order to appeal an erroneous fine on a car, the driver has the right to appeal to the district court. To apply, the vehicle owner needs to know the conditions:
- The header of the statement of claim must contain information about the owner of the vehicle, as well as details of the selected judicial authority.
- The main text consists of the stated reason for disagreement with the fine, stated facts, decisions and thoughts of the car owner. The document should not contain emotionally expressive language, as well as any requirements. Information is presented clearly and consistently.
- Documents, as well as photo and video materials confirming the innocence of the plaintiff, are considered an addition to the application.
10 days are allocated for consideration of this issue from the date of filing the application. If the application is granted, then the owner of the car will be relieved of administrative responsibility. In case of refusal, the driver will have to pay the specified amount of the fine. If the motorist does not make the payment within the allotted time, additional penalties will be imposed on him.
What to do if you refuse
Every motorist should be prepared for failure. Judicial authorities may refuse if there is insufficient material to prove innocence, as well as if the judges are unwilling to understand the complexities of the case. Despite the unfavorable result for the plaintiff, such a court decision is legal and binding. This means that the motorist will still need to pay a fine. Payment must be made within 30 days.
An unpaid fine after a court decision (depending on the amount of the fine and the article) can lead to:
- doubling the fine;
- administrative arrest, the duration of which is fifteen days;
- compulsory work, the terms and place for which are established individually;
- seizure of property by bailiffs as an option for paying off debt;
- ban on traveling abroad of the Russian Federation.
Video: What are the consequences of unpaid traffic fines?
If you categorically disagree with the decision of the district court, then you have the opportunity to appeal to a higher court. As a rule, this rarely gives a positive result, since it is necessary to collect more weighty arguments, which is not always possible. Also, do not forget that the plaintiff will need to pay the costs of the court case.
Thus, erroneous traffic fines are not a rare occurrence. The unpleasant situation in question can be resolved when the car owner contacts the traffic police or the court with a full package of materials proving his innocence.
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