Where to appeal a traffic police fine from a camera

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 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.

Checking and paying traffic fines 50% discount

We are checking information about fines,
please wait a few seconds

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.

How to challenge a traffic police fine from a camera

1. Why file a complaint?

Situations when you may need to challenge a chain letter can be very different. The most common reason is an error in the resolution. It's no secret that the photo and video recording system is far from perfect. Drivers often receive fines for violations they did not commit. For example, Russians received tickets for speeds that their car physically could not reach, or because of the shadow of a car that was moving along the side of the road. Although there are other reasons for appealing a fine. Let's say it wasn't you who was driving, or the fine came because of a double car. The only case when we do not recommend complaining is if you actually violated traffic rules.

2. The receipt definitely needs to be appealed. What to do?

First you need to decide who issued the resolution. In everyday life, all fines are called “traffic police fines,” but in fact, another body can issue them. For example, in Moscow, the Moscow Administrative Road Inspectorate (MADI) and the Moscow Parking Space Administrator (AMPP) are responsible for punishing parking violators. Therefore, look at the resolution to see who exactly made it.

3. Found. What's next?

Now you must file the complaint itself. Please note that this must be done within 10 days from the date of receipt of the resolution. The method for filing a complaint depends on the authority that issued the fine. For example, a traffic police fine can be contested on the official website of the State Traffic Inspectorate or in person in the relevant department or higher authority. And, say, a fine for illegal parking issued by MADI in Moscow can be appealed on the Autocode portal, by mail (Moscow, Kalanchevskaya street, 49) or in person. In any case, you need to provide a petition to terminate the case, signed with your own hand, a copy of the decision on both sides, as well as materials confirming your case - for example, photo and video materials, receipts, screenshots, copies of the receipt for payment of the resident permit, etc. The more of the latter, the better. After filing a complaint, you should be given an official response indicating whether it was approved or rejected.

4. My complaint was rejected. Everything is lost?

No, everything is just beginning. Unfortunately, local authorities are in no hurry to cancel fines, even when they are issued with obvious violations. Therefore, the next step in the appeal procedure is to go to court, namely, to the district court of the area where your car was recorded. The documents for the appeal remain the same, plus the text of the complaint is attached to them (samples of it can be found on the Internet). You can submit a complaint either in person or by sending a registered letter with a list of attachments.

5. The trial took place, but they still consider me guilty. That's it?

It's too early to give up. You can file a complaint against the decision of the district court to a higher authority, that is, to the court of a constituent entity of the federation (for example, the Moscow City Court). There you will again need to present the available arguments in favor of your innocence, supporting them with available documents. Please note that appealing is a slow process. From the moment you receive the decision to the consideration of the case in a regional court, six months can easily pass. If you still fail, then you can file a complaint with the presidium of the court. If you are refused there, there is still one more option - to complain to the Supreme Court of the Russian Federation. This is the highest judicial body, but there is no need to be surprised. Often, drivers were able to achieve justice only there.

6. Maybe it would be easier to pay the fine right away?

Unfortunately, this is often the case. Appealing chain letters in Russia is not an easy process and requires not only moral stability, but often also money. After all, you need to send documents, appear at court hearings (sometimes even in another region) and waste time. Therefore, it is often really easier to pay a fine, even if you definitely did not violate anything. In addition, in most cases there is a 50% discount on fines if paid within 20 days from the date of the decision. Let's say, by paying 400 rubles instead of 800, you will lose much less effort, nerves and even money than if you spend it on appealing a fine. On the other hand, by paying an unfair ticket, you encourage a system in which fines do not serve to punish the guilty, but act as a kind of tax. Therefore, defending one’s rights in the courts should be considered not only from the point of view of benefits, but also as a fundamental struggle for building a fair society and the rule of law.

7. What else can you do?

In addition to complaints, there is another good way to attract attention to your problem - the media. Oddly enough, officials do not like it when the activities of their department are covered in a negative way. Therefore, if you receive a truly absurd receipt, it makes sense to tell journalists and social networks about it. For example, the fine for a shadow moving along the side of the road was canceled after there was a wave of publications in publications, and millions of readers learned about the decision. Therefore, fame in this case is your advantage, and even a small publication can play a role. In any case, we wish you good luck in appealing unfair decisions.

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 write a complaint about a traffic police fine from a camera - video recording resolution

Any experienced driver has probably at least once in his life encountered a situation where he was issued a fine. And the driver does not always agree with its legality. Some citizens are silently indignant, complying with the demands of law enforcement agencies, while others still try to defend their rights. Let's look at how to appeal a traffic police fine from a camera, sample complaints, and what possible consequences are there if you ignore such demands from law enforcement officers.

Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your specific problem, please contact the online consultant form on the right →

It's fast and free! Or call us by phone (24/7):

If you want to find out how to solve your particular problem, call us by phone. It's fast and free!

Right to appeal

In case of violation of traffic rules, the document is issued by the court or the traffic police. For example, in the capital, MADI records similar offenses. After receiving the decision, everyone has the right to choose their own course of action: accept what is written and pay the fine, or appeal the decisions. It is clear that if a violation of standards is obvious, there is no point in doing it. Let's consider when it is possible and how to file a complaint against a traffic police decision.

Violations recorded by cameras

It's no secret that many roads have cameras installed to detect violations on the road. Today they record the following points:

travel in lanes designated for public transport;
exceeding the maximum speed limit on a given section of the road;
parking in the wrong place;
driving at a red traffic light;
driving into oncoming traffic;
creating an emergency situation, etc.

The essence of the camera's operation is that it records an offense and then sends the image to the processing center. Here, an automated database reads the license plate number of the car, determines its owner and generates a resolution. After all, all information is checked manually. Challenging a traffic police fine is possible when the system has failed or an officer has made some mistake, which is also possible.

Who can appeal the decision and in what cases?

No one wants to pay a fine from a camera if they were issued an unfair penalty. Such situations may occur when:

there was a technical error in the equipment;
when the act was recorded, another driver was driving the car;
the car has been sold to another owner, but has not yet been registered;
It is impossible to determine the vehicle number from the photo;
several orders were issued for one violation;
principled defense of one’s position and more.

Deadlines for appeal

According to the norms of administrative legislation, you can write a complaint within 10 days from the date of the decision. You can apply for an extension of this period only if there are some valid reasons. Otherwise, if you miss it, you will have to pay a fine.

Complaint against the decision

Having received, in the opinion of the owner of the car, an unlawful decision on an administrative offense, the question becomes how to correctly write a corresponding statement about it and where to take it. The regulations do not establish a mandatory form of the document; the main thing is that it clearly states the essence, and also sends it to the right addressee.

What should it contain?

A complaint to the court or to the traffic police about a fine must contain the following information:

the addressee to whom the paper is served;
information about the applicant, and when submitting documents not in person, about his representative;
Name;
the circumstances of the case, who issued the decree and when, why you disagree with it, how everything actually happened;
requirements for the authority (cancel the decision, terminate the proceedings);
date and signature.

If there is any evidence, it must be attached to the complaint.

What arguments can be used

To refute the results of video cameras, you can use one of the following arguments:

there is no evidence of an offense due to which the decision is unfounded;
the information specified in the resolution does not correspond to reality;
misinterpretation of the standard;
the evidence presented in defense of the driver was not taken into account.

Where to file a complaint

Where to file a complaint against a decision will depend on which authority issued it. Thus, the traffic police inspector’s paper can be challenged by a higher official or in court. Judicial documentation can only be appealed in court. In this case, the application can be submitted in person or sent by mail with acknowledgment of receipt.

When determining how to write an appeal to the inspectorate, it is worth noting that here the complaint will be considered much faster than initiating legal proceedings. Applications of the following nature are often sent here:

The car was sold, but fines continue to be received in the name of the old owner.
The document contains technical errors. For example, the license plate information is incorrect, the photo is not your car, etc.
The camera reacted to extraneous factors, recording an offense that the driver did not commit. For example, a car itself crossed a solid marking line, and its shadow, or the speed of a motorcycle passing nearby, was exceeded.
I had to drive through a red traffic light on the instructions of the traffic controller.
The car was stopped by a traffic police officer in a place where it was forbidden to stop.

As a rule, more complex cases are sent to court, for example, when there have been violations of a procedural nature. In such circumstances, it is necessary to indicate which norm of the law was applied incorrectly, what the illegal actions of the traffic police officer were, etc.

Speaking about the territorial jurisdiction of the case, the application must be submitted at the place where the disputed offense was committed. If the decision was made by a magistrate, at the end of the document the court to which you can appeal to appeal will be indicated.

It's fast and free! Or call us by phone (24/7):

If you want to find out how to solve your particular problem, call us by phone. It's fast and free!

Samples of complaints against decisions

As already mentioned, there is no single form for writing a complaint. Its essence will depend on the circumstances of the case. Let's look at the most common of them.

I sold the car, but the fines come in my name

It often happens that a person has already sold a vehicle, but all the documentation has not yet been brought into compliance. In particular, the car was not registered, which would include information about the new owner. Among the evidence of innocence in this case will be the purchase and sale agreement.

In this case, how to write a complaint against the traffic police decision on video recording, a sample is presented below.

Download a sample complaint against the decision of the Video Recording Center (.doc)

Traffic police officers committed violations in the procedure for bringing to justice

If law enforcement officials have committed violations of the law, this is a reason to file a complaint against them in court. Check out a visual example of this document.

Download a sample complaint against a decision in a case of administrative violation (.doc)

The photo is not my car - the camera mistakenly read the state license. car number

Data from the video recording center comes automatically. At the same time, no one checks the availability of documents confirming the correctness of the recorded information. Therefore, it often happens when a person receives a decision, but the car number on the photograph does not at all coincide with what he actually has.

Find out what type of complaint can be written in this case.

Download a sample complaint against an administrative decision (.doc)

I paid for parking, but still received a fine - appealing the fine of the State Property Committee of the AMPP

Paid parking is not new to modern society. Those who ignore this rule may receive a fine. However, there are situations when everything was paid as required, but an administrative sanction was still imposed. Check out what a sample complaint against a traffic police decision looks like in such circumstances.

Download a sample complaint against a decision in an administrative case (.doc)

Parked under a sign indicating the sign's validity period

In the pursuit of identifying malicious traffic rule violators, the system itself often fails. For example, when signs are installed that allow parking only at certain times. A visual complaint against the traffic police resolution, video recording if it indicates a violation of the sign, is presented below.

Download a sample complaint against a decision on an administrative offense (.doc)

If you ignore the order and do not pay the fine

Payment of a traffic police fine should not be ignored in any case, even if you believe that it was imposed unfairly. The accumulation of such sanctions will not lead to anything good, and hoping that they will simply “burn out” on their own is unreasonable. In addition, administrative legislation provides for liability for evasion of a fine. It also represents a fine, but in double the amount, or the assignment of community service for up to 50 hours.

If there are unpaid fines in the amount of more than 10 thousand rubles, a punishment may be imposed for this in the form of establishing a temporary restriction on traveling outside the country.

It's fast and free! Or call us by phone (24/7):

If you want to find out how to solve your particular problem, call us by phone. It's fast and free!

Arbitrage practice

Making a decision in favor of the driver is a very common practice if there is evidence that he is right.

Conclusion

The law of the Russian Federation provides for the right of every citizen to appeal a decision made against him. If the fine imposed is illegal, you should not leave everything as it is. It can be challenged by contacting the traffic police or the court. Judicial practice in such cases indicates that if the driver did not actually violate traffic rules, the authorized body will take his side. Under no circumstances should you let things take their course and simply ignore the instructions! This can lead to even greater negative consequences.

Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your particular problem, please contact the online consultant form.

It's fast and free! Or call us by phone (24/7):

If you want to find out how to solve your particular problem, call us by phone. It's fast and free!