Can my license be taken away for failure to pay a fine?
Here's how your license can be revoked for unpaid fines
If you don't pay the fine, you lose your driver's license.
Do you always pay traffic fines on time? No? Did you know that for late payment of fines you can lose your driver's license? Surprised? But this is true. Although in fact this is not quite the same deprivation of rights as, say, for violating traffic rules (for example, for drunkenness). But nevertheless, our legislation actually has a rule that allows bailiffs to limit the validity of a driver’s license of a debtor driver. Our publication 1gai.ru invites you to find out how you can be left without rights in case of debts under traffic police fines.
We know that all administrative fines must be paid within the period strictly defined by law. In case of failure to pay the fine within a strictly established period (60 days from the date of entry into force of the resolution), the person who failed to pay the administrative fine may be brought to administrative liability under Article 20.25 of the Code of Administrative Offenses of the Russian Federation:
Article 20.25. Evasion from execution of administrative punishment
1. Failure to pay an administrative fine within the period provided for by this Code shall entail the imposition of an administrative fine in the amount of twice the amount of the unpaid administrative fine , but not less than 1000 rubles, or administrative arrest for up to 15 days, or compulsory work for up to 50 hours.
That is, if you do not pay a fine on time for violating traffic rules, you can be brought to administrative liability by the court under Article 20.25 of the Code of Administrative Offenses of the Russian Federation. In this case, if initially the fine, which you did not pay within the period established by law, was issued for a traffic violation recorded by a set of photo and video recordings, then, as a rule, the court makes a decision to impose a new fine on you, the amount of which will be double the amount amount of the unpaid fine. That is, if, for example, you did not pay a fine of 1,000 rubles on time, then for late payment of the fine you may be fined another 2,000 rubles. If the fine was issued by traffic police officers, then if you fail to pay it on time, you may face not only a double fine, but even arrest for up to 15 days.
So, as you can see, the now fashionable trend of not paying fines on time is fraught with even greater losses. Including in case of non-payment of traffic police fines issued for traffic violations.
But, despite the presence in Russian legislation of strict measures for late payment of fines, the number of debts for administrative offenses is growing in our country. Thus, according to statistics from the Federal Bailiff Service, this year (as in the past) there is an increase in debts for unpaid fines. The debt for fines for traffic violations is also growing.
That is, people are not afraid of Article 25.25 of the Code of Administrative Offenses of the Russian Federation. But why? Indeed, if the fine is not paid within the period established by law (60 days from the date the resolution enters into legal force), people can actually spend more money.
The whole point is that the traffic police do not have time to send administrative cases to the judicial authorities for all debts. Also, the judicial authorities do not have time to consider every administrative case regarding late payment of fines within the period established by law. As a result, a large proportion of such administrative cases are closed due to the expired statute of limitations.
As a result, the vast majority of drivers who do not pay the fine within the prescribed period remain unpunished. Naturally, impunity gives rise to an even greater avalanche of non-payment of fines. Many drivers even teach each other how to avoid paying fines for traffic violations. Moreover, there is no need to be afraid of administrative arrest for up to 15 days in case of a fine from traffic police cameras, since the courts in this case can only impose a fine of double the amount.
But, despite this, bailiffs do not give up and try in every possible way to extract unpaid fines from debtor drivers. And this takes into account the fact that as of the end of the first quarter of 2018, the number of enforcement proceedings for fines not paid on time at the request of the traffic police is 15.4 million. Can you imagine how many unpaid fines this is nationwide?
This is a huge amount of money that should have gone to local budgets.
How long does it take for a driver or car owner to pay a traffic fine?
According to the current legislation, a period of 60 days is given for payment of the fine from the date the administrative protocol enters into legal force. Let us remind you that you can safely add another 10 days to the 60 days, since from the moment the decision on administrative liability is issued you have 10 days to appeal it in court.
That is, if you received a “letter of happiness,” then the first 10 days from the moment you receive a copy of the decision to bring you to administrative responsibility are given to you to appeal the decision in court. Further, if you have not appealed the decision, it will enter into legal force after 10 days. After this, you have 60 days to pay the fine. If you have not paid the fine within 70 days, it will be entered into the traffic police database as overdue.
As a result, the State Traffic Inspectorate can forward documents related to your case to the bailiff service, who will collect the resulting debt from you. Also, the traffic police authorities have the right to draw up a protocol under Article 20.25 of the Code of Administrative Offenses of the Russian Federation in connection with late payment of a fine and send it to the court, which may impose a fine on you in the amount of twice the amount of the fine not paid on time (but not less than 1000 rubles) or, in case of non-payment fine issued by traffic police officers, arrest you for up to 15 days.
How do bailiffs collect fines?
So, let's imagine you haven't paid the traffic police fine within 70 days. As a result, the traffic police authorities may forward the materials on your administrative case to the Federal Bailiff Service, which will initiate enforcement proceedings against you.
At the moment, bailiffs have quite broad powers and opportunities to collect various debts. For example, bailiffs can send your employer an order to collect part of the debt for unpaid fines from your wages (if the amount of the debt is large) or completely write off the entire amount of the debt for fines from your wages (if the amount is small). In this case, your employer is obliged to withhold the required amount from your salary.
In particular, bailiffs have the right to request information from various banks about the availability of open bank accounts, as well as information about the amounts in these accounts. If you have the necessary amounts in your bank accounts to pay off fines, the bailiff service has the right to unilaterally write off money from your bank accounts.
In addition, bailiffs have the right to impose restrictions on registration actions in the traffic police on your car. That is, in fact, in this case you will not be able to sell the car by changing the owner. Also, bailiffs, as interim measures to collect debts, can seize your property, prohibit you from traveling outside the Russian Federation, and even deprive you of your driver’s license. True, the latest measures are applied only if the amount of debts exceeds 10,000 rubles.
How can you lose your rights for debts on fines?
And now we come to the most important thing - deprivation of rights for unpaid traffic police fines. So, as you can see, bailiffs have many opportunities to collect any debts from you. Including debts for unpaid fines for violating traffic rules.
But it often happens that debtor drivers have neither bank accounts, nor official work, nor property. In this case, bailiffs may take extreme measures by restricting the debtor’s travel outside the country or, even worse, imposing a restriction on the validity of the driver’s license, effectively depriving the debtor of his driver’s license.
Yes, this, of course, is not exactly the deprivation of a driver’s license, which is applied to drivers who have grossly violated the Traffic Rules (driving into oncoming traffic, repeated gross traffic violations, driving while intoxicated, etc.). But nevertheless, such a measure will actually leave debtors without rights, since bailiffs can, according to current legislation, impose restrictions on the validity of various documents (for example, a driver’s license) as interim measures for debt collection.
In this case, the bailiffs, depending on the circumstances of the administrative case, either apply to the court with a request to impose a restriction on the validity of the debtor’s driver’s license, or independently make this decision.
By the way, after a resolution is issued to restrict the validity of a driver’s license, the driver is obliged to deposit the driver’s license with the bailiff service, who in turn must send a copy of the resolution to the traffic police to enter information about the restriction of the driver’s license into the unified traffic police database.
By the way, if the driver does not deposit his driver’s license with the bailiff service, he may be brought to administrative liability under Part 1 of Article 17.14 of the Code of Administrative Offenses of the Russian Federation (fine from 1000 to 2500 rubles).
In what cases will your rights not be deprived for debt?
We have already raised this topic in the article “New law on deprivation of a driver’s license for non-payment of alimony and fines,” where we spoke in detail about all the nuances of the new legislation, which freed bailiffs to collect debts.
According to current legislation, bailiffs who have debts of more than 10,000 rubles may not deprive a debtor of a driver’s license in all cases. Here are the cases in which you cannot be deprived of your driver's license for debts:
- — If the establishment of such a restriction deprives the owner of the main, legal source of livelihood
- — If the use of a vehicle and/or vessel is the only means for the debtor and his family members living with him to ensure their livelihoods, taking into account the limited transport accessibility of their permanent place of residence
- — If the debtor is a person who uses a vehicle due to his disability, or is dependent on a person recognized by the legislation of the Russian Federation in the prescribed manner as a disabled person of group I or II, or a disabled child
- — If the debtor is granted a deferment or installment plan for fulfilling the requirements of the writ of execution
Is it necessary to retake the theory if the driver was deprived of his license by a bailiff for debts?
No. If you have paid the entire debt, the bailiff is obliged to remove restrictions from your driver's license and return them.
He must also notify the traffic police about the lifting of restrictive measures. In this case, the bailiff sends a copy of the resolution to lift the restrictive measures to the traffic police. In this case, your rights will simply be returned, and that’s all.
The thing is that for debts, in fact, you are not deprived of your rights, but only a temporary restriction of their validity is imposed until you pay the debt (or at least partially repay the debt).
And since this is not a deprivation of rights, but only a limitation of their validity, then retaking the theory at the traffic police, of course, is not necessary.
Can my license be revoked for an unpaid fine?
In January 2016, bailiffs had a new method of collecting debts for traffic police fines, alimony and other debts, supported by a court decision. Now, if the debtor drives a vehicle, his driver's license may be suspended. Over the past years, the method has shown high efficiency in the fight against persistent defaulters. Most often, a measure in the form of deprivation of rights is prescribed for unpaid traffic police fines. Ignoring the restriction threatens the citizen with additional, even more serious problems.
The amount of fines for which a driver's license can be revoked
A fine issued for violating traffic rules must be paid within 60 days from the date of entry into force of the relevant resolution. If the defendant does not do this, the debt is automatically doubled and soon transferred to the work of the FSSP employees. In this case, the final amount of debt cannot be less than 1 thousand rubles. If the amount required for repayment exceeds 10 thousand rubles, a measure may be applied to the citizen to suspend the driver’s license for non-payment of fines.
Law on deprivation of rights for non-payment of traffic fines
Temporary restriction of the right to drive a vehicle for debts is regulated by Federal Law No. 340-FZ of November 28, 2015. It came into force on January 15, 2016, allowing bailiffs to deprive driver’s licenses of persons with a debt on writs of execution of more than 10 thousand rubles. The application of measures against persistent defaulters does not exclude the possibility of arresting their property or confiscating a vehicle.
The reason for the temporary suspension of the validity of the license may be:
- unpaid traffic fines;
- evasion of alimony payments;
- refusal to provide compensation for damage to health, moral or material damage;
- ignoring mandatory payments as a result of actions that led to the loss of a breadwinner;
- failure to comply with non-property requirements related to the education of minors.
The law identifies factors whose influence on the situation can be regarded as a mitigating circumstance. For this reason, each case must be considered by the bailiffs separately.
The procedure for deprivation of rights
The process of depriving a driver of a driver’s license for accumulated fines is subject to strict regulations. If at any stage it is violated, the citizen will have the opportunity to appeal the actions of the FSSP officer and return the driver’s license. The bailiff will have to carry out a new procedure to impose an effective penalty on the violator. The restriction on driving a vehicle is lifted as soon as possible after the debt is repaid and receipts confirming payment are provided to the FSSP employee.
Notice from bailiffs about deprivation of rights for debts
The application of a measure in the form of temporary deprivation of rights as a punishment in Russia is possible only if the defendant refuses to voluntarily repay the debt. First, the bailiff is obliged to inform the citizen about his obligations under the writ of execution during a personal conversation or by mail. If the debtor has confirmed that he knows about the debt, but does not take steps to repay it, obtain a deferment or restructuring, the FSSP employee initiates deprivation of rights.
The bailiff issues a corresponding decision and sends a notice to the defendant. The latter is obliged to appear at the FSSP within five days after receiving the document and hand over the license for inventory.
The document will be kept by the bailiff until the debtor repays the claims under the writ of execution or reduces the amount of the debt to 10 thousand rubles.
Where can you pay off your overdue debt?
Today there are many ways to find out the amount of debt under writs of execution and close it in the most convenient way. First, you should go to the official website of the FSSP or the State Traffic Inspectorate to clarify the amount of debts due to traffic police fines. In the first case, you won’t even need a passport; in the second, you will need to enter your credentials. Directly on the FSSP website, citizens are offered several ways to repay their debt. This can be done at any bank using a receipt, using online banking, through payment systems, or on the State Services website.
Who cannot have their driver's license revoked for debt?
The penalty measure in the form of deprivation of rights should help combat persistent defaulters, but not infringe on citizens who find themselves in a difficult situation. The legislation provides for cases in which restrictions on driving a vehicle are not imposed even if there is debt.
Rights cannot be deprived for debts on fines if:
- the debtor has entered into an agreement for installment payments or deferment of payments;
- the defendant is disabled, and he needs the vehicle for transportation, or he carries a disabled person who is dependent on him;
- driving a vehicle is the debtor's sole or main source of income;
- the citizen and his family members live far from transport links, which is why they can only get to vital points (hospital, school, place of work) by car.
It is also worth considering that a driver whose fine debt is less than 10 thousand rubles or equal to this amount cannot be deprived of his license.
What is the fine for a driver deprived of his license due to debts if he is driving a vehicle?
According to Article 17.17 of the Code of Administrative Offenses of the Russian Federation, driving a vehicle after deprivation of the driver's license for debts is punishable by 50 hours of compulsory work or restriction of the validity of the driver's license for up to a year.
If a violation is detected by a traffic police inspector who stops the vehicle for a work inspection, the period of deprivation of rights may increase to two years.
Deprivation of a driver's license for debts in 2019
Good afternoon, dear reader.
This article will discuss the federal law providing for the temporary deprivation of a driver's license for debts by bailiffs. The Federal Law “On Amendments to the Federal Law “On Enforcement Proceedings” and Certain Legislative Acts of the Russian Federation” came into force on January 15, 2016.
Suspension of license may affect many drivers who have debts to bailiffs (for example, for alimony). Let's consider for what debts a driver can be deprived of a driver's license, and in what cases deprivation of a license is not imposed. In addition, we will talk about a new fine that may be imposed for ignoring time limits set by bailiffs.
Checking debts from bailiffs
Before proceeding to a detailed consideration of temporary deprivation of rights by bailiffs, I suggest you check for the presence of debts in the state information system:
You can check debts using your passport number, INN or SNILS. If the debt is not found on any of these documents, then the likelihood of suspension of the driver’s license is reduced to almost zero.
Temporary deprivation of driver's license for debts
First of all, it should be noted that a temporary restriction on driving vehicles is imposed only if the debtor does not want to voluntarily repay the debt . Those. deprivation of rights cannot be the first punishment from bailiffs. First, they offer to pay the debt voluntarily, and only in case of refusal is deprivation of rights applied:
14 2 . The bailiff, in the resolution to initiate enforcement proceedings, warns the debtor about the establishment of time restrictions in relation to him, provided for by this Federal Law, in case of failure to fulfill the requirements contained in the executive document within the time limit established for voluntary execution without good reason.
In addition, the driver must be notified that if he fails to pay the debt, he will lose his driver's license. Please note that the federal law “On Enforcement Proceedings” establishes a rather interesting procedure for notifying debtors:
2. Persons participating in enforcement proceedings are considered notified if:
1) the addressee refused to receive a summons or other notice;
2) despite receiving a postal notice, the addressee did not appear for a summons or other notice sent to his address;
3) a summons, other notice sent to the last known place of residence of a person participating in enforcement proceedings, or to the address communicated by him in writing to the bailiff for notifying this person (including by email address), or a summons, other the notice was sent in a different way specified by such person, but the person sent the summons did not receive any other notice;
4) a notice in the form of an electronic document signed by a bailiff with an enhanced qualified electronic signature is sent to the addressee using information and telecommunication networks in the manner established by the Government of the Russian Federation.
For example, if a driver received notification of the delivery of a registered letter, but did not pick up this letter at the post office, then he is still considered notified and may be deprived of his license for debts.
So be extremely careful. In practice, rights can also be deprived completely unexpectedly. If you have any suspicions, I recommend checking the debts with the bailiffs and paying them as soon as possible.
Otherwise, the driver can only find out about the temporary deprivation of his license when he is stopped by a traffic police officer. However, such a stop in turn will entail a fairly severe punishment, which will be discussed below.
Deprivation of rights for non-payment of alimony in 2019 and 2020
Let's look at what debts can lead to deprivation of rights (Article 67 1 of the Federal Law “On Enforcement Proceedings”):
- Non-payment of alimony.
- Compensation for damage caused to health.
- Compensation for damage in connection with the death of the breadwinner.
- Property damage or moral harm caused by a crime.
- Non-property requirements related to raising children.
- Requirements for the collection of traffic police fines.
Let's look at some of the list items in more detail:
1. Not every driver understands what is meant by a crime . The concept of crime is deciphered in the Criminal Code of the Russian Federation:
1. A crime is recognized as a socially dangerous act committed guilty of guilt, prohibited by this Code under threat of punishment.
Thus, if a driver has property debts related to the criminal code, then he may be temporarily deprived of his driver’s license.
2. Requirements for the collection of traffic police fines . Currently, traffic police fines are transferred to bailiffs 80 days after the violation. After this, the bailiffs can suspend the driver's license for non-payment.
I recommend that you check traffic police fines from time to time and pay them, because... otherwise, you can “wait” for temporary deprivation of rights.
3. Listed above are all debts for which a driver’s license may be suspended.
Can rights be suspended for debt on a loan?
A driver's license can be suspended only for certain types of debts, the list of which is given above.
are not suspended for loan debts .
Also, in 2019, deprivation of rights does not apply if there is a debt to repair a car after an accident.
How to avoid deprivation of rights for debts?
There are several conditions, the observance of which will help the driver avoid temporary deprivation of rights for debts :
1. If the car is the main legal source of livelihood. Those. If you work as a driver, then bailiffs will not be able to temporarily prohibit you from driving.
2. If a car is the only means of supporting life, taking into account the limited transport accessibility of the place of residence. Those. if the driver and his family live in a “remote” village where public transport does not go, then he will also not face deprivation of his license for debts.
3. If the driver uses a car due to a disability or is dependent on a disabled person of group I or II or a disabled child.
4. If the amount of debt does not exceed 10,000 rubles . This item is the most convenient for the average driver. Don’t let the situation get worse with debts, don’t let the 10,000 dollar limit be exceeded. This will help protect you from having your driver's license suspended.
5. If the driver is given an installment plan or deferred payment of the debt. As a last resort, you can use this option. If you are facing temporary deprivation of rights, then try to get a deferment or installment plan for the debt. This will allow you to retain your driver's license.
How to end the temporary deprivation of rights?
The temporary deprivation of rights is valid until the driver pays off his debt. The next day after this, the bailiff lifts the restriction and transfers this information to the traffic police.
I would like to note that in practice, bailiffs do not always work quickly and accurately. Therefore, lifting the restriction may take longer. Keep in mind that it is much easier not to bring the matter to a temporary suspension of rights than to try to restore them later.
Fine for violating temporary deprivation of rights in 2020
Let's consider the new article 17.17 of the code of administrative offenses:
Article 17.17. Violation of the temporary restriction on the use of a special right established in accordance with the legislation on enforcement proceedings
Violation by the debtor of a temporary restriction on the use of a special right established in accordance with the legislation on enforcement proceedings in the form of the right to drive a vehicle -
entails compulsory labor for up to fifty hours or deprivation of special rights for up to one year.
Please note that if the debtor driver ignores the temporary ban on driving (or simply does not receive a letter with information about it), then at the first stop by the traffic police officers he will receive one of the following penalties:
- compulsory work for up to fifty hours,
- deprivation of a driver's license for up to a year.
These punishments are quite severe, so once again I would like to recommend that you constantly monitor possible debts from bailiffs. Indeed, in practice, the path from a debt of 10,000 rubles in traffic police fines to deprivation of rights for 1 year can be very short.
Is it possible to change my license if it is suspended?
Quite often, drivers have questions about replacing a suspended license. In this case, you need to take into account that the restriction is imposed on driving vehicles, and not on the driver’s license itself. The legislation only prohibits “getting behind the wheel”; performing other actions with a driver’s license is not prohibited.
For example, a certificate can be replaced due to expiration or due to a change of surname.
Please note the following facts:
- The suspension of rights will be transferred to the new license. Those. If you change your license, you will still not be able to drive a car.
- Replacing suspended rights in most cases does not make any sense. This is due to the fact that the rights will be issued for exactly 10 years, but part of this period will be taken up by paying off the debt and ending the temporary deprivation. Therefore, in fact, the rights can be used for less than 10 years.
However, if during the suspension of the license its validity period has expired, then you can safely contact the traffic police to replace it.
An important question: is there deprivation of rights for non-payment of fines? Let's understand the nuances
Often, even the most careful and law-abiding drivers violate traffic rules and are issued fines. The situation is unpleasant, but it can become even more unpleasant if, in addition to the monetary debt, the driver is also deprived of his rights. Moreover, there are often situations when he does not even suspect it.
Our article will tell you in what cases this happens, who takes away the rights and how to avoid it.
When and for how long will a license be revoked for non-payment of fines?
Late payment of a fine for violating traffic rules entails administrative liability. Thus, according to Article 32.2 of the Code of Administrative Offenses of the Russian Federation, an administrative fine must be paid within no more than 60 days from the date the resolution on its imposition enters into legal force. Exceptions are the cases provided for in 1.1 or 1.3 of this article, or from the date of expiration of the deferment period or installment plan period provided for in Article 31.5 of this Code.
In fact, the period of 60 days is extended by another 10 days, which are given to appeal the decision of the traffic police officer. The deadline for transmitting information about an unpaid fine has also been extended to 10 days. Thus, bailiffs will begin to deal with the case of a non-payer of fines only after 80 days , which gives additional time to law-abiding drivers.
However, car owners often forget or do not have time to pay the fine on time and during this period. In this case, starting from the next day, the amount of the unpaid fine may double, the driver may be arrested for 15 days or assigned to compulsory work for at least 50 hours (Part 1 of Article 20.25 of the Code of Administrative Offenses of the Russian Federation).
In a number of countries, for late payment of fines for violating traffic rules, deprivation of a driver's license is provided; not so long ago, Federal Law No. 340-FZ of November 28, 2015, amending Federal Law No. 229 of October 2, 2007, came into force in Russia. -FZ “On Enforcement Proceedings”.
If the bailiffs make such a decision, the violator is obliged to voluntarily surrender the document , and if he refuses to do this, he will face an additional fine, and the certificate will still be listed in the database as invalid.
The time frame for such suspension of the certificate is no less than 1 month and no more than 3 years.
In any case, you need to pay the fine, because otherwise you will not be able to drive the car.
Under what conditions is the document taken away?
The number of fines does not matter, but if the total amount of fines for traffic violations exceeds 10,000 rubles, it becomes possible to apply a new law to such a driver and thus deprive him of his rights. There are a number of other cases in which bailiffs can suspend a driver’s license:
- the driver is a non-payer of alimony (read more about deprivation of rights in this case here);
- did not pay a fine for causing damage to health;
- did not compensate for damage in connection with the death of the breadwinner;
- did not compensate for the damage caused by the crime.
What happens if you haven’t paid 30,000 rubles? for traffic violations?
But first, the bailiffs must notify orally or in writing in the prescribed manner and give a five-day period for payment. In any case, it is worth paying off the debt as quickly as possible.
There are cases when the driver is not able to pay such a large amount immediately, then the law provides for installment payments. There are also certain life situations in which violators find themselves in which the violator cannot be deprived of his rights. We will talk about this in more detail later in the article.
Where can I pay off my overdue debt?
A motorist whose license has been taken away cannot pay the fine at a special street terminal, because there you need to enter the document number. In this case, the fine can be paid:
- at the register;
- bank terminal;
- on the official website of the traffic police;
- special Internet services (electronic wallets).
The receipt is a confirming document for obtaining your license back.
Is it possible to avoid unpleasant consequences?
To avoid deprivation of rights for failure to pay a fine, it is best to pay all fines on time. To do this, you need to check for fines on special online services from the traffic police and pay them off on time, if any. If you do not agree with the decision to impose a fine, you should appeal it in time.
But even if the fine is not paid on time, is not appealed within the required period and amounts to more than 10,000 rubles, the legislation (Part 4 of Article 67.1 No. 229-FZ) provides for situations where a driver cannot be punished for failure to pay a fine in the form of temporary suspension of a driver’s license . These include cases when:
- driving a vehicle is the only source of income;
- the driver and his family members live in a region with limited public transport, and traveling by car allows them to ensure their livelihoods;
- the debtor is disabled or in his care there are disabled people of groups 1 or 2 or a disabled child;
- The debtor was given an installment plan to pay the fine.
Thus, if you do not fall into the first 3 categories, you have the opportunity to apply to the court to the bailiff with a request to provide an installment plan. By a court decision, such an installment plan can be granted and then you will not face deprivation of rights for failure to pay a fine , and the amount is divided into several parts.
Judicial procedure
Notification in the legislation does not mean all those actions that drivers are accustomed to consider as such. And the violator may not always know that he has been notified. Thus, the Federal Law “On Enforcement Proceedings” stipulates that persons participating in enforcement proceedings are considered notified if:
- the addressee refused to receive a summons or other notice;
- despite receiving a postal notice, the addressee did not appear for a summons or other notice sent to his address;
- a summons, other notice is sent to the last known place of residence of a person participating in enforcement proceedings or to the address communicated by him in writing to the bailiff to notify this person (including by email address), or a summons, other notice is sent to another in the manner indicated by such person, but the person sent the summons did not receive any other notice;
- a notice in the form of an electronic document signed by a bailiff with an enhanced qualified electronic signature is sent to the addressee using information and telecommunication networks in the manner established by the Government of the Russian Federation.
That is, even without picking up the letter at the post office, the person is considered notified . You should be careful, in practice there are often cases when the driver did not even suspect that his license was no longer valid, but only learned about it from the traffic police officers when stopping.
In cases of non-payment of fines for violation of traffic rules provided for by law, the bailiff, if there is a judicial act imposing a fine that has entered into force, has the right, without going to court, to issue a resolution to restrict the driving of motor vehicles.
If the executive document on debt collection is not a judicial act, then the collector or bailiff has the right to apply to the court with a request to impose a restriction on the validity of the driver’s license.
After a decision is made to deprive a driver’s license, the debtor is obliged to surrender his license to a bailiff within five days from the date of receipt of the decision to limit the validity of the document. The period of limitation of the validity of the certificate begins from the moment of the decision. Read about whether driving without a license after deprivation is legal and what consequences it entails here.
Where is the driver's license kept?
The debtor is obliged to hand over the certificate to the bailiff. After making a decision, the bailiff sends a copy of the decision to the bodies of the Ministry of Internal Affairs of the State Traffic Safety Inspectorate to enter the appropriate restriction into the department’s database. The document itself is stored in the traffic police.
After paying the fine and documenting this fact to the bailiffs, the license and the right to drive a car are returned. There is no need to retake the driving test or traffic knowledge test.
Useful video
Watch the video that explains the draft Law on the suspension of the right to drive a car for debts on fines:
Conclusion
To avoid punishment such as deprivation of a driver’s license for failure to pay fines, try not to violate traffic rules and regularly check for fines on the traffic police online service. If there are any, appeal the decision in a timely manner if you do not agree with it or pay the fine within the time limits required by law.
If you find an error, please select a piece of text and press Ctrl+Enter .
Revocation of driver's license for non-payment of fines
Drivers know very well that failure to comply with the traffic rules established by law leads to additional material costs, namely the mandatory payment of traffic police fines. Regulatory government acts clearly define the terms of their repayment. Unfortunately, lack of knowledge and procedures for collecting fines will not be a mitigating circumstance for the motorist, but may lead to even more severe penalties.
Reluctance to pay debt obligations also leads to serious consequences. Let's look at what the defaulters face and whether there is a threat of deprivation of their driver's license for failure to pay fines for violating road rules.
How long does it take to pay the traffic police fine?
The exact payment deadline is indicated in Art. 32.2 clause 1 of the Code of Administrative Offenses of the Russian Federation - 60 days are given by law to pay the traffic police fine.
When a “chain letter” arrives in the form of a fine receipt, the basis of which is photo and video recording data, the period for its repayment starts counting from the moment the letter is received directly. If the recipient does not show up at the post office, the letter is returned back to the traffic police. And after this, in fact, the letter will still be considered received, and the violator will be properly notified.
If you forgot to pay the fine
There are circumstances when the deadline for paying a fine is missed unintentionally. For example, forgetfulness, failure to receive a postal notification, etc. In any case, all motorists need to understand what will happen if they do not pay the administrative fine within this very 60-day period. In such situations, administrative responsibility arises, which determines three possible options for the car owner:
- a twofold increase in the fine, but not less than 1000 rubles;
- restriction of freedom (i.e. arrest) for 15 days;
- involvement in compulsory work lasting up to 50 hours (provided for by the Code of Administrative Offenses of the Russian Federation, Article 20.25, Part 1).
The choice of sanctions for non-payment of traffic police fines in 2018 will depend on the court decision, taking into account the seriousness of the violation and other nuances.
Important note. If the offender has a difficult financial situation, then, guided by Art. 31.5 part 2 of the Administrative Code, you can ask for payment in installments. In such a situation, payments will be made in parts, strictly observing the terms of these partial payments.
Deprivation of rights for fines
Since 2016, bailiffs themselves can issue a ruling allowing them to temporarily restrict a debtor’s special right. This is due to the introduction and entry into force of the provisions of Federal Law No. 340 of November 28, 2015, which introduces new powers in 229-FZ of 02.10. 2007 “On enforcement proceedings.” They will not completely deprive a motorist of his rights for failure to pay a fine, but they may temporarily limit his rights. This is specifically related to Article 67.1 Part 1 of Federal Law No. 229 and stands for temporary suspension of a driver’s license.
Such restrictions may be applied at the initiative of the applicant and at the request of bailiffs. In the case where the writ of execution was not issued by a court decision, the applicants or the bailiff service have the authority to apply to the court to establish a temporary limitation.
In regulations, namely Part 4 of Art. 67.1 FZ-229 specifies a number of reasons that cancel the suspension of a special right.
Once the fine is paid in full, all restrictions will be lifted.
In conclusion, we recommend that car owners independently monitor the possible occurrence of fines for traffic violations. This can be done on the official website of the traffic police, and also using the State Services service. You should not rely on the postal service to deliver the notice in a timely manner. And it’s even better to be more careful when driving and not break the rules of driving a car!