Can I be fined again for one violation?

Can drivers be fined for the same traffic violation several times a day?

Can they be punished for the same traffic violation?

According to the Administrative Code of the Russian Federation, no one can be punished for the same administrative offense. But many drivers therefore believe that this clause in the Code of Administrative Offenses of the Russian Federation directly indicates that you cannot be fined several times for the same violation of traffic rules. For example, according to many drivers, it is impossible to fine them during the day for tinting, lack of insurance policy, first aid kit, as well as for other offenses in the field of road safety. But that's not true. This is the most common misconception among drivers.

Where did this myth come from, that traffic police inspectors do not have the right to repeatedly fine drivers for the same traffic violation?

The fault is in paragraph 5 of Article 4.1 of the Code of Administrative Offenses of the Russian Federation, which says in black and white that no one can be held administratively liable for the same violation of the Administrative Code of the Russian Federation. That is, the same point applies to drivers who violated traffic rules.

And indeed it is. You cannot be brought to administrative responsibility again, for example, for exceeding the established speed on the same section of the road. For example, if a violation was recorded by two photo cameras on the same section of the road, but installed in different places (on different poles).

Also, you cannot be brought to justice again for speeding, recorded by photo and video recording, if for the same violation you have already been brought to administrative responsibility by traffic police officers, who drew up an administrative protocol for the same traffic violation.

Many people understand the norm of paragraph 5 of Article 4.1 of the Code of Administrative Offenses of the Russian Federation correctly. But, unfortunately, many, on the contrary, spread the myth among drivers that traffic police inspectors do not have the right to hold drivers administratively liable for some traffic violations several times a day.

For example, the most common myth that you cannot be fined several times a day for the same traffic violation ( meaning violation of the same traffic rule and article of the Code of Administrative Offenses of the Russian Federation ) is a fine for the lack of an MTPL insurance policy or a fine for excessively tinted car front windows.

Many drivers mistakenly believe that if traffic police inspectors have issued a fine for lack of compulsory motor insurance or for tinting windows, then on that day they can no longer be held administratively liable. But this is complete nonsense.

In fact, for the absence of an issued MTPL policy, for tinting windows that do not comply with the light transmission established by GOST, and for most other traffic offenses, the driver can be fined an unlimited number of times, immediately as soon as he got behind the wheel again and started travel on public roads. That is, he began to commit an administrative offense again.

Thus, according to Article 19 of Federal Law No. 196-FZ “On Road Safety”, every driver is required to purchase a compulsory civil liability insurance policy (MTPL) when operating a car. Accordingly, according to the current Code of Administrative Offenses of the Russian Federation, in the absence of a compulsory motor liability insurance policy, the driver must be held administratively liable in the form of a fine in the amount of 800 rubles.

Naturally, if the traffic police inspector identifies this violation of the Code of Administrative Offenses of the Russian Federation in relation to a driver driving a vehicle without an MTPL policy, an administrative protocol will be drawn up, according to which the driver will be held administratively liable.

Then, of course, the driver must be released. But this does not mean that the driver can legally continue his journey behind the wheel of a car without an issued MTPL insurance policy.

According to the letter of the law, after a driver has been prosecuted for not having a compulsory motor insurance policy, he can again be fined for driving a vehicle without insurance. That is, it turns out that any driver can be fined countless times for driving a car without an insurance policy at any time.

The same applies to the fine for excessive tinting of the front windows. Many also mistakenly believe that having received a fine for tinting, you can continue to drive with tinted windows for the rest of the day without the risk of getting a second fine. But that's not true.

We would like to remind you that, according to paragraph 3.1 of Article 12.5 of the Code of Administrative Offenses of the Russian Federation, driving a vehicle on which glass is installed (including those covered with transparent colored films), the light transmission of which does not meet the requirements of the technical regulations on the safety of wheeled vehicles, entails administrative liability and a fine. in the amount of 500 rubles.

Accordingly, even if you are fined once for tinting the front windows, nothing prevents the traffic police officer from fining you again as soon as you move again, driving a car with tinted windows, the light transmission of which does not correspond to the established GOST.

So don’t expect that receiving 500 rubles for tinting will give you a “non-stop ticket” until the end of the current day to drive a car with tinted front windows.

Remember that in order not to break the law, in the cases described above, before you start driving a car, you must eliminate the reasons that impede the operation of the vehicle in accordance with current legislation. In our example, this means that you need to purchase an MTPL policy and remove excess tinting from the front windows.

The same applies to many other traffic fines, ranging from speed cameras to lack of a first aid kit.

After all, you must agree that if the law had a rule that would not allow drivers to be fined more than once a day, then this would lead to chaos on the road. Indeed, today, for example, photo and video cameras on the road, monitoring compliance with the speed limit by road users, deter mass violations of traffic rules on the roads, thereby affecting road safety.

After all, if you violate the speed limit on a large section of the road where several photo and video recording cameras are installed, then fines will eventually come from all the traffic police cameras. Doesn't this surprise you?

Everything is correct. A fine is issued for each violation. Why, then, should you not be fined several times for driving with tinting or without a policy?

If I was fined several times a day for the same thing, is this legal?

Suppose you were stopped by a traffic police inspector and, after checking your documents, discovered that your compulsory motor liability insurance policy was expired. Okay, the guilt is obvious. Nothing can be done: a protocol is drawn up, according to which there has been a violation of paragraph 2 of Article 12.37 of the Code of Administrative Offenses, implying a fine of 800 rubles. Then you get into the car and drive further - until the next inspector, who will definitely fine you.

How can this be, you ask, since the fifth paragraph of Article 4.1 of the same Code of Administrative Offenses states that no one should bear administrative responsibility twice for the same violation? But the key point here is that this will be a different offense, because the traffic cop punished you not for the lack of a policy, but for - attention! – driving a vehicle that is not insured in accordance with the established procedure. That is, logically, after the first fine, you do not have the right to drive without eliminating the reason for the punishment. And even if you immediately go to the nearest insurance company to get a policy, the next inspector who meets you on the way has every right to fine you, charging you, in fact, with another episode under the same article. And so on ad infinitum.

So what to do? Call the insurer directly to the spot? If you follow the letter of the law exactly, then yes. However, this is not always possible, as you understand. Therefore, it is most reasonable to continue the path towards the intended goal - or rather, slightly adjust it by adding an insurance company as an intermediate point. And when meeting with another inspector (if one suddenly happens), ask for leniency, trying to be as convincing as possible - of course, you will have to show a fresh protocol on the offense as proof of your good intentions. But it’s not a fact that this will help.

This is one of the most significant cases when you have to make a choice about what to do correctly: solve the problem on the spot (we are not talking about an attempt to corrupt the inspector!) or take risks, but drive with a known violation. In other cases, the issue is resolved more simply. Let's say, if an inspector gives you a fine for not wearing a seat belt, then you can fasten your seat belt on the spot - and thereby eliminate the cause of the violation. But in the case of, for example, illegal tinting, you can try to rip off the film, so to speak, without leaving the cash register - and continue on your way being clean before the law. If you can’t do this, then it makes sense to turn on the emergency lights and go to a service center, where they will help you get rid of the tint - clause 2.3.1 of the Road Traffic Rules allows you to do this.

The Constitutional Court has prohibited bringing to justice twice for one violation

Individual entrepreneur Ulmeskhan Erkenova provided information about the insured persons working for her for September 2017 only in November of the same year. For this she was brought to justice, but not once, but twice: first under the law “On individual (personalized) registration in the compulsory pension insurance system”, and then administratively - under 15.33.2 of the Code of Administrative Offences.

During the hearing on the second fine, Erkenova and her lawyer stated: the entrepreneur cannot be brought to administrative responsibility, because she was already fined for late submission of the same information for the same period. The courts did not agree: they stated that according to the relevant Federal Law she was involved as an insurer, and according to the Code of Administrative Offenses - as an official responsible for her enterprise and employees. Therefore, the courts decided, it is impossible to talk about the existence of double responsibility for the deed.

Erkenova complained to the Constitutional Court and recalled Art. 50 of the Basic Law, which states: “No one can be convicted twice for the same crime.”

According to Part 5 of Art. 4.1 of the Code of Administrative Offenses, no one can be held administratively liable twice for the same administrative offense, the Constitutional Court recalled. This means that Article 15.33.2 of the Administrative Code, under which Erkenova was brought to administrative responsibility, does not comply with the basic law, because it allows for “double” punishment.

In this regard, the court ordered the federal legislator to change the norm of the Code of Administrative Offenses so as to exclude such cases. And the courts should reconsider their decisions in the Erkenova case.

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I received two fines for one traffic violation. How can I challenge them?

I received two fines for exceeding the speed limit. Both violations were recorded by cameras at the same time, presumably in the same place. The exact address is indicated on only one receipt. The second receipt indicates the same time to the minute, the same street, but there is no house number.

I think that both citations were issued for the same offense: I was driving over the speed limit and was recorded by two cameras at once.

It turns out that you can install a dozen cameras one after another and issue fines in batches. Is this legal?

Maxim, in your case one of the fines can be challenged. I recommend that you hurry up - Article 30.3 of the Code of Administrative Offenses of the Russian Federation allows only 10 days from the date of receipt of the decision to appeal it.

Situations when a person is wrongfully imposed an administrative penalty are common. Sometimes unscrupulous traffic police officers are to blame for this, and sometimes video recording systems fail. If you are given ten fines for one violation, you can and should appeal them.

I’ll tell you in detail where to go and what to do.

What the law says

In your case, at least one of the orders was issued illegally. In accordance with Part 5 of Article 4.1 of the Code of Administrative Offenses of the Russian Federation, no one can bear administrative responsibility twice for the same administrative offense.

Even if we assume that the violation was recorded from two different cameras and we are talking about different violations, at the same time the car could not be in two different places.

Where to appeal

Article 30.2 of the Code of Administrative Offenses of the Russian Federation allows the driver to choose how to appeal the fine. The complaint can be sent to the traffic police inspector, a higher official who is authorized to consider such complaints, or immediately go to court. Contacts of traffic police officials to whom a complaint can be sent are indicated in the resolution itself.

If you decide to start with the traffic police, a complaint about unreasonable actions of employees can be sent by registered mail with acknowledgment of receipt or handed over to an office employee against signature. You must contact the traffic police department indicated in the resolution. I recommend making a complaint in two copies and asking for an acceptance mark on the second copy.

If you decide to immediately go to court, check in the GAS “Justice” system which district court the address of the offense belongs to.

Even if you mistakenly contact the wrong traffic police department or the wrong court, nothing bad will happen. The complaint will be forwarded where necessary, and you will be notified about this in writing.

There is no state duty for appealing administrative offenses.

How to file a complaint

To file a complaint, you can, of course, contact a lawyer. But this does not always make sense: the payment for a lawyer’s services, as a rule, far exceeds the amount of the fine.

In your case, I recommend acting on your own. Please write the following in your complaint:

Full name and position of the person to whom the complaint is sent.
Your data: full name, address, telephone numbers where you can be contacted.
Number and date of the decision you are appealing.
Reason for cancellation of the decision. In your case, ask to cancel the double fine for one violation, referring to part 5 of Art. 4.1 Code of Administrative Offenses of the Russian Federation. Write that you have two administrative penalties for the same violation.
We request that the decision be reversed.
Personal signature and date.

Attach copies of the decisions and describe all the circumstances in as much detail as possible. When considered in court, every detail is important. If there is a DVR recording or the route is saved in the navigator, write about it in the complaint.

If you want the complaint to be considered without your participation, write about this too.

The chances that one of the resolutions will be canceled are very high. But there are still no guarantees.

Based on your complaint, they will either cancel the decision and stop the legal proceedings, or they will not cancel anything.

Another option is when the court changes the article in the resolution, but leaves the fines and other types of administrative punishment the same or changes it. This happens when an inspector issues a fine under the wrong article. In your case, this is the least likely option.

There is almost no judicial practice in such cases: complaints rarely reach the court. It is enough to write to the traffic police, and the employees themselves cancel one of the decisions and terminate the administrative case on it.

Maxim, here are my recommendations: