Punishment for speeding more than 60 km
Speeding: what are the fines, when can you deprive your license, and why +20 km/h is also not allowed
Speeding remains one of the most common traffic violations and a common cause of accidents. While legislators are discussing linking the size of the fine for excess to the price of the car, the abolition of the opportunity to pay such fines with a 50% discount and other initiatives, let's look at the current system of penalties and why the existing non-punishable excess limit does not mean that driving according to the “limit plus” principle 20" is legal, and at the same time we will collect fines in a convenient table.
Penalties for speeding are classified depending on the amount of speeding. Penalties are regulated by Article 12.9 of the Code of Administrative Offenses of the Russian Federation, and, as is known, today it is punishable to exceed 20 km/h. Until 2013, exceeding 10 to 20 km/h was separately punished, but these paragraphs of Article 12.9 have lost force. But the tougher punishment in case of repeated violation remains in force. Let's take a step-by-step look at the consequences of speeding depending on its magnitude.
According to Part 2 of Article 12.9, “exceeding the established speed of a vehicle by more than 20, but not more than 40 kilometers per hour shall entail the imposition of an administrative fine in the amount of 500 rubles .”
This “minimally punishable” excess is the only one that is not punishable by a more severe fine in the event of a repeated violation . That is, if a driver exceeds the speed limit by 20-40 km/h once or even several times within a year after receiving the first fine, he will still be fined the same 500 rubles.
Part 3 of Article 12.9 of the Code of Administrative Offenses states that “exceeding the established speed of a vehicle by more than 40, but not more than 60 kilometers per hour shall entail the imposition of an administrative fine in the amount of 1,000 to 1,500 rubles .”
Part 6 establishes punishment for relapse: “repeated commission of an administrative offense provided for in Part 3 of this article shall entail the imposition of an administrative fine in the amount of 2,000 to 2,500 rubles .
Part 5 establishes punishment for the fastest driving: “exceeding the established speed of a vehicle by more than 80 kilometers per hour entails an administrative fine in the amount of 5,000 rubles or deprivation of the right to drive vehicles for a period of 6 months . As in the last paragraph, the driver faces deprivation only if the inspector records the excess, and the cameras can only fine the reckless driver 5 thousand.
As we know, you can exceed the speed limit by 20-40 km/h as many times a year as you like, and the punishment will be standard in any case - but in the case of more serious excesses this is not the case. Part 6 establishes that “repeated commission of an administrative offense provided for in Part 3 of this article shall entail the imposition of an administrative fine in the amount of 2,000 to 2,500 rubles .”
But for speeding by 60 km/h or more, the punishment for repeated offenses is no longer differentiated. According to Part 7, “repeated commission of an administrative offense provided for in parts 4 and 5 of this article entails deprivation of the right to drive vehicles for a period of 1 year , and in the event of an administrative offense being recorded by special technical means operating automatically and having photo and filming functions, video recordings - imposition of an administrative fine in the amount of 5,000 rubles .
For convenience, we will summarize all options for punishment for speeding in a single table.
Speed limits on Russian roads - fines for speeding
Good afternoon, dear reader.
This article will discuss fines for speeding on the territory of the Russian Federation. I would like to emphasize right away that in some cases, not only an administrative fine from the traffic police, but also deprivation of rights can be used as a punishment for speeding.
At first glance, it seems that maintaining the speed limit in the city is the simplest and most intuitive place in the rules. However, in practice it turns out that even many experienced drivers do not know what the maximum permitted speed is set on Russian roads. As for the size of the fine for speeding, not all drivers know it.
Today we will look at speed limits for all types of roads, as well as traffic police fines for speeding in various situations.
For your convenience, at the end of the article there is a special table of fines for speeding , intended for printing. It will help determine the correct amount of the fine in case of violation.
Speed limit in traffic rules 2019
Speed table on Russian roads
The table is compiled on the basis of paragraphs 10.2 - 10.4 of the traffic rules.
Motorway speed limit
A motorway is a road that has the highest permitted maximum speed:
110 km/h : for cars, category B trucks, motorcycles.
90 km/h : for cars with trailers, category C trucks, buses.
60 km/h : for trucks with people in the back and buses with organized transportation of a group of children.
50 km/h : when towing a motor vehicle.
In 2020, the number of highways in Russia remains small, so not all drivers have had time to get acquainted with this type of road. Motorways are generally in excellent condition and are safe to drive at high speeds.
Maximum speed outside the city
The speed limit outside built-up areas applies to all roads that are not motorways:
90 km/h : for cars, category B trucks, motorcycles, intercity and small buses.
70 km/h : for cars with trailers, category C trucks, other buses.
60 km/h : for trucks with people in the back and buses with organized transportation of a group of children.
50 km/h : when towing a motor vehicle.
Unlike highways, other country roads may be in different conditions. Therefore, you should not drive on unknown roads at the maximum speed limit, because... Unexpected obstacles or poor road conditions can lead to an accident.
Permitted speed in the city
Speed limits apply to all roads inside populated areas:
60 km/h : for all vehicles.
50 km/h : when towing a motor vehicle.
20 km/h : when driving in a residential area, bicycle area or courtyard area.
In populated areas, the speed limit is low, because... they simultaneously contain a large number of vehicles, pedestrians, and various intersections. In addition, visibility in cities is limited by buildings and structures. When driving at a speed of 60 km/h, the driver has time to control the situation and, if necessary, can avoid a collision.
Some drivers believe that the maximum speed in the city is 80 km/h, not 60. The argument is that the fine is imposed only after 80 km/h. This approach is fundamentally wrong, because if an accident occurs in which one of the cars is driving at a speed of 61 km/h, it is this car that will be recognized as the culprit (or one of the culprits, if the second driver is at fault) and it is its driver who will be pay for repairs to someone else's vehicle.
The goal of any responsible driver is not to evade fines, but to prevent possible road accidents. In this regard, I recommend observing the speed limit absolutely always, avoiding even minimal excesses.
Speed limit sign
The general speed limits in force on Russian roads in 2019 were discussed above. However, in addition to them, the maximum speed can be further limited using a special road sign 3.24 “Maximum speed limit” . If there is such a sign, the driver must drive at a speed not exceeding the value on the sign.
Consider a 90 km/h sign posted in a city. Despite the fact that the number on the sign exceeds the maximum speed in populated areas (60 km/h), such a sign is not an error. This sign allows driving at a maximum speed of up to 90 km/h, even in the city. It is installed on safe roads by decision of the executive authorities of the constituent entities of the Russian Federation (clause 10.2 of the traffic rules).
Consider a sign with a speed limit of 140 km/h. What should you do if you see such a sign? The essence of the problem is that the indicated sign does not make sense. The maximum speed on roads in the Russian Federation is 130 km/h (clause 10.3 of the traffic rules). This speed cannot be exceeded under any circumstances. So after such a sign in the city you need to drive not 140, not 130, but 60 km/h , because the sign is fake.
Traffic police fines for speeding in 2019 and 2020
Fines for speeding directly depend on how much the driver exceeded the speed limit.
Administrative punishment for speeding by 60 and more than 60 km/h, Art. 12.9, Part 3, 4 of the Code of Administrative Offenses of the Russian Federation
Violating the speed limit by more than 60 km/h carries the risk of a dangerous collision. For the city, such speeds are unacceptable, since in the event of an obstacle on the way, neither the brakes nor the driver’s excellent reaction, if it still exists, will save you.
The braking distance will be long, plus at high speed and sharp braking, the car can be thrown, turned around, skidded, and there is a high probability of completely overturning. Further developments will not be in favor of the driver and the traffic participants around him.
Therefore, driving at the specified speed is unacceptable, not only under the threat of administrative and criminal sanctions, but also due to the threat to one’s own life and the lives of surrounding citizens.
Speeding over 60 km/h fine or imprisonment
The administrative offense includes driver speed in the range from 60 to 80 km/h. Basically, speeding by 60 km/h is often recorded on highways outside the city.
If the speed limit is 90 km/h, driving at a speed in the range of 150-170 km/h will be considered a violation. For example, for domestically produced cars these speeds are maximum.
A driver cannot commit an unlawful act through negligence while driving at a speed of 170 km/h. The guilt is obvious here.
The object of the violation is the interests of the state, regulated by traffic rules for all vehicle owners. By his actions, the “racer” violates the requirements of Art. 12.9 part 4 of the Code of Administrative Offenses of the Russian Federation, excess of more than 60 km/h.
The cause of such violations can be both a thirst for speed and irresponsible behavior on the road. Such speeds can be noticed when driving on good road surfaces and in places where there are no automated means of photo recording.
Methods for recording violations
Drivers on various forums like to brag, posting information from “chain letters” received by mail for exceeding the speed limit. Basically, such offenses are recorded using automated traffic control systems on the roads.
For example, a driver is moving at a speed of 160 km/h on the highway, the resolution will indicate speeding by 70 km/h from the permissible limit of 90 km/h, an article from the Code of Administrative Offences, and the type of administrative punishment.
Speed fixing occurs both in passing and oncoming traffic. The radar can simultaneously record the speed of several vehicles moving at different speeds outside the speed limits established by the rules.
The complex can be located in stationary posts, as well as in a police patrol car.
If you see that a traffic police patrol car is moving in traffic, keep in mind that if you are driving at excess speed, this violation will not be ignored, but will be automatically recorded.
Then, within the time limits established by law, the decision on violation of traffic rules will be sent to the addressee, that is, the owner of the vehicle.
Sanctions for speeding by more than 60 km/h
A speed violator is liable under Part 4 of Art. 12.9 Code of Administrative Offenses of the Russian Federation. For exceeding the speed limit by 60-80 km/h, stricter sanctions apply.
There are two types of punishment for an administrative violation: a fine or deprivation of a driver’s license.
The fine for speeding by more than 60 km/h is 2000-2500 rubles. Driving rights may be revoked for 4-6 months.
Now let's look at how this alternative is used in practice.
If a speed violation was detected automatically, the citizen will receive a decision by mail with a fine.
When a violation is recorded directly by traffic police officers, the driver may be subject to deprivation of his license, since in pursuit of a tick, the inspector will draw up a protocol, and the driver will be deprived of his license in court.
When meeting with law enforcement officers, it is possible to avoid deprivation of rights and get away with only a fine. Of course, provided that they “agree to take the fine on the spot.”
If the case materials are transferred to the magistrate’s court, then there is a chance to avoid becoming a pedestrian for 4-6 months under certain conditions.
So for this, it is advisable that you do not have violations for speeding or other traffic violations during the year. And also, on your part, full recognition of the offense and repentance.
This will serve as a mitigating circumstance and may affect the internal conviction of the judge, who will apply the least punishment. I hope you will be understood and partially forgiven.
Fine for speeding from 40 but not more than 60 km/h
What is the probability of negative consequences for exceeding speed up to 60 km/h?
The next level of threat in violating the speed limit is exceeding the speed of 40 to 60 km/h. The most noticeable threat of violation is felt on the highway at a permissible speed of 90 km/h.
If an uncontrollable situation occurs, such as a skid, the driver may find himself in the oncoming lane at speeds of up to 150 km/h. Judge for yourself what the consequences will be if a head-on collision occurs.
Characteristics of the offense
To characterize the violation, we will take as a basis the permissible speed of 60 km/h for a populated area.
In accordance with the Code of Administrative Offenses of the Russian Federation, Art. 12.9 part 3 excess of 40-60 km/h, the offense includes traffic movement within the range of 100-120 km/h.
These actions form part of an unlawful act according to the specified disposition of the article. The disposition of the article, as a rule, indicates the specific action performed by the attacker, his guilt, the method, time or place of the violation.
In this situation, we are talking about driving a motor vehicle on public roads. The driver moves above the permissible speed in the range of 40-60 km/h.
In the example described above, for an urban mode of 100-120 km/h, this can be regarded as dangerous driving, the interpretation of which is carried out by our legislators.
After introducing the exact wording, it will be possible to accurately assess the violator’s actions as part of an unlawful act during dangerous driving.
Methods for recording violations
On highways and in cities, one can increasingly notice the replenishment of technical means by photos and videos of recording offenses in transport. At the same time, technology does not stand still and fixation methods are constantly being improved.
To ensure that purchased radar detectors do not prevent people from speeding, a device was invented on the sidelines of scientific centers that records speed using satellite navigation.
The Avtodoriya system does not use radio wave emissions and pulses captured by radar detectors, but uses images of the car in segments A and B.
After this, the average speed of the car is calculated and the result obtained is the basis for issuing a decision and imposing penalties for exceeding the established speed on this section of the road.
But the means against traffic police radars are constantly being updated. Motorists, using a regular phone and GPS navigation, calmly avoid obstacles in the right places and “ambushes”.
And classic cases remain of bringing the driver to justice directly by police officers in traffic police patrol cars, using technical means to record violations.
What are the dangers of exceeding the speed limit?
For the committed act, the sanction is provided for in Article 12.9 Part 3 of the Code of Administrative Offenses of the Russian Federation, where the fine for speeding up to 60 km is in the range of 1000-1500 rubles.
To be able to receive the minimum, the driver must admit his guilt, indicate repentance and promise to be law-abiding in the future.
This can psychologically affect the traffic police officer, who will set the minimum fine amount in the decision on sentencing.
How this process occurs when a violation is technically recorded in an automated manner remains a mystery to us.
The main thing is that if you do not agree with the alleged unlawful act, you have the right and opportunity to appeal the decision in court. Upon receipt of the above document, you are given 10 days to appeal it.
Be more careful on the road and follow the arrow on your car's speedometer!
In any case, you can always use the help of our car lawyers.
What does a driver face for exceeding the speed limit by 60 km/h or more? Legislative regulation and legal advice
Any driver must know the rules of the road in order to move along the roadway without incident. Violating the speed limit, you can get into an accident, and it’s good if this does not entail serious consequences. If the speed is exceeded by 60 km/h, then this poses a threat of collision at a minimum. In urban realities, such a speed is unacceptable, since even excellent reaction and brakes will not save you from trouble. The braking distance will increase, and the car may skid to the side during sudden braking. And further developments will most likely not be in the driver’s favor.
Speed limits on Russian roads
The current rules that apply in Russia indicate that different sections of the road adhere to different speed limits, which you should be aware of. Legislation also .
Traffic on motorways
The current government wants to tighten the rules and reduce the possible speed limit that can be exceeded to 10 km/h . A motorway is a road on which you can drive quickly because the road surface is very good and there is little traffic. But the driver must be aware of what weather conditions and technical characteristics of the car are present , so that he relies not only on the permitted figures for driving. A passenger car is allowed to travel at a speed of 110 km/h.
Within the locality
On roads located in urban areas, driving at a speed of no more than 60 km/h is allowed . The speed limit is decreasing due to the fact that city roads are more congested. If a car is driving near residential buildings, then it is allowed to drive only 20 km/h .
Speed limit outside the city
If the car has left the city, but has not entered the highway, then the speed limit is 90 km/h for passenger cars.
Amount of fine for speeding
What awaits those drivers who do not obey the speed limit? What are the penalties? It all depends on how much the speed was exceeded.
- Typically, speeding up to 20 km/h is considered normal. Therefore, there is no legal punishment and no sanctions are imposed.
- If the driver exceeded the speed by 21-40 km/h , then you should expect a fine. The fine is 500 rubles . Although the amount is small, it is still unpleasant to pay a fine once again.
- If the driver exceeded the speed by 41-60 km/h , then the fine amount will increase to 1,500 rubles . And this amount will have to be paid if the violation was primary. If the violation was repeated, then the amount of the fine will increase to 2.5 thousand rubles .
- Part 4 of Article 12.9 of the Code of Administrative Offenses of the Russian Federation talks about liability for violating the speed limit. by more than 60 km/h , then the sanctions will be quite harsh. If the driver has violated the rules, which is considered an administrative offense, then he will be punished. There are two types of punishment in this case: deprivation of a driver's license and a fine. If the speed was exceeded by 60 km per hour, the fine will be from 2,000 to 2,500 rubles . If it comes to deprivation of rights, the driver may be deprived of his license for 4-6 months. If the violation is repeated, you can lose your license for a year.
- But there are also drivers who can exceed the speed even more, that is, by more than 81 km/h . The amount of the fine will be considerable - 5,000 rubles . Plus, you can immediately lose your license for six months. Repeated violation entails deprivation of rights for a year.
If the fine was recorded by a security camera
Many drivers know that they can receive a “ letter of happiness ” at any time. And some even talk about their experiences on forums. Most often, speeding is recorded using cameras located on the roads. And now the number of such cameras is growing in order to improve the situation on the roads.
Exceeding the speed limit and deprivation of a driver's license
If the driver exceeded the speed in the range from 60 to 80 km/h , then the administrative offense is obvious. Often, it is outside the city on highways that speeds exceeding 60 km/h are recorded. For example, if the permitted speed is 90 km/h, then a speed of 150-170 km/h and 120 km/h will be considered a violation. For some cars this speed is the maximum. When breaking the speed limit, a driver cannot do so unintentionally. Here his guilt is obvious. And the law strictly states that exceeding the speed of more than 60 km/h entails punishment . Drivers often violate regulations to feel the adrenaline rush. And many simply behave irresponsibly on the road. And this entails consequences in the form of a fine. Typically, such measures are resorted to when the speed is exceeded by more than 60 km/h.
How to challenge a speeding ticket
Due to the fact that now all processes are automated, we can say that the decision is made automatically . Therefore, many drivers pay the fine almost immediately. But sometimes it’s worth fighting and defending your rights, especially if the driver is confident of his innocence. The reasons for the error can be very different. For example, the recording occurred in bad weather conditions , and the car license plate is poorly visible. You may also receive a fine for the same violation again. In addition to the fact that the equipment itself can fail, the human factor also plays a role. For example, an employee who checks technical materials made a mistake. After all, the violation center only prepares materials, but the inspector makes a decision.
All complaints that are considered by the traffic police must be responded to within 10 days . And there are cases when a decision is made in your favor, but the decision itself is canceled later; the procedure can drag on for up to a month. If your complaint is being considered in court, the period may be even longer.
Paying a fine for speeding
If the driver received a fine, he can pay it in any way convenient for him. And there may be several payment options:
- The first and oldest payment method is payment through a cash desk at a bank. And this has its downsides. First of all, you will have to go to a bank branch and stand in line. And this will take quite a lot of time.
- Payment can be made through the terminal. Almost every bank has self-service terminals. You can pay the fine there too, following the instructions on the board. If you have any questions, you can contact an employee who will tell you how to do everything correctly. At the end of the procedure, the terminal should give you a receipt.
- Perhaps the easiest way to pay is to use online services. You can do this through the traffic police portal and State Services. You can use the ERIP system and Yandex.money. Here everything will depend on how you are comfortable paying. Now many people make payments online, and this applies not only to paying fines. Once you pay for something online, you won’t want to go to the bank again.
Conclusion
Speeding and not following traffic rules can result in other people getting hurt . If the driver was stopped by a traffic police inspector or the car was recorded by a photo camera, then most likely you will have to pay a fine.
Depending on how much the driver exceeded the speed limit, the amount of the fine will fluctuate. The punishment for speeding over 60 km per hour is quite severe. This may be not just a fine, but even deprivation of rights for a period of six months to a year.
Every driver must follow the rules, but you need to be especially careful within the city, where the risk of collision with other road users is high. If in the city you were driving at a speed of 80 km per hour, the driver will not be fined. But if an accident occurs and it is proven that you exceeded the speed from 60 km per hour to 80, then the insurance company may refuse to pay. This is just one of the reasons why you should not speed. But first of all, you need to think about your safety and the safety of others. And you shouldn’t experiment where it could affect a person’s life.
Punishment for speeding
Speeding has already brought a lot of grief, so legislators are paying a lot of attention to this type of offense. We will talk about ways to record speeding, as well as administrative liability for this offense.
In 2018, the fine for speeding ranges from 500 to 5,000 rubles. In some cases, penalties such as deprivation of a driver's license are applicable.
Driving fast is the passion of many car owners. In Russia, on highways the speed is limited to 110 km/h; in some areas, driving at a speed of 130 km/h is allowed. This is regulated by Decree of the Government of the Russian Federation No. 621 of July 23, 2013 “On amendments to the traffic rules of the Russian Federation”:
“Clause 10.3 of the Traffic Regulations shall be supplemented with the following note:
"Note. By decision of the owners or possessors of highways, an increase in the speed on sections of roads for certain types of vehicles may be allowed if road conditions provide for safe movement at a higher speed. In this case, the permitted speed should not exceed 130 km/h on roads marked with sign 5.1, and 110 km/h on roads marked with sign 5.3.”
How is the penalty for speeding determined?
There are two factors that determine the penalty for speeding:
- The degree to which the speed limit is exceeded in a given area.
- A method for recording speed violations.
— If the speed is exceeded, but not more than 20 km/h, the driver will not be punished.
— Exceeding the speed limit by 20-40 km/h results in a fine of 500 rubles.
— Exceeding the speed limit by 40-60 km/h – a fine of 1000-1500 rubles (this is regulated by Part 3 of Article 12.9 of the Code of Administrative Offenses of the Russian Federation).
— If you exceed the speed by 60-80 km/h, not only fines can be applied (from 2000 to 2500 rubles), but also temporary deprivation of rights - for a period of 4-6 months (Part 4 of Article 12.9).
— If the speed limit is exceeded by more than 80 km/h, the fine will be 5,000 rubles, and your driver’s license can be lost for 6 months (Part 5 of Article 12.9 of the Code of Administrative Offenses of the Russian Federation).
So far, the size of fines is stable and no change in one direction or another is expected.
There are two ways to detect speeding.
The radar allows you to set the speed of the car, so it is often used by the traffic police inspector. There are two options for further developments: when drawing up the protocol, you admit or do not admit your guilt. If you admit your guilt, the inspector calmly draws up a report and receives hope for a bonus at the end of the month.
If you do not admit your guilt (after all, according to radar readings, you may even be deprived of your driver’s license for driving fast!), the inspector draws up a report and transfers the case of the offense to the traffic police or the court. The size of the fine can be determined by the traffic police, but deprivation of a driver's license is possible only after a court hearing.
Clause 1.2 of the resolution of the Plenum of the Armed Forces of the Russian Federation dated October 24, 2006 No. 18:
“If a traffic offense was recorded directly by employees of the State Road Safety Inspectorate (hereinafter referred to as the State Traffic Inspectorate) using the above technical means that did not work automatically, then in this case, in accordance with Part 1 of Article 28.6 of the Code of Administrative Offenses of the Russian Federation, the official issues a resolution in a case of an administrative offense or on the basis of Part 1 of Article 28.2 of the Code of Administrative Offenses of the Russian Federation, a protocol on an administrative offense is drawn up in relation to the driver of the vehicle. When drawing up a protocol on an administrative offense, photographic and filming materials and video recordings obtained using the mentioned technical means are attached to it as evidence of the commission of an administrative offense.
In this case, the norms established by Articles 2.6.1, Part 3.1 of Article 4.1, Part 3 of Article 28.6 and Part 6 of Article 29.10 of the Code of Administrative Offenses of the Russian Federation do not apply. (clause 1.2 introduced by the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 02/09/2012 N 2)"
Fixed radars are used in heavy traffic areas where a wide variety of disturbances are possible. Such cameras are equipped not only with tools for determining speed, but also with a system for recognizing state registration signs and video recording of cars. As a result, the speed, sign of the car, its owner are automatically determined - and a decision on the offense is formed.
Automation determines not the driver, but the owner of the car. And it is he who will receive the fine, regardless of who was driving.
The automatic system treats violators humanely and issues fines in the minimum amount for a given speed limit.
But if the driver was not the owner of the car, but someone else, even a small fine would not suit him. We recommend that you pay attention to Clause 1.3 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated October 24, 2006 No. 18:
“The owner (possessor) of a vehicle, in case of disagreement with a decision made against him to bring him to administrative responsibility for an offense detected and recorded by technical means operating automatically, when exercising his right to appeal this decision, may be released from administrative liability, provided that during the consideration of the complaint, the data contained in it will be confirmed that at the time the administrative offense was recorded, the vehicle was in the possession or use of another person or has now been taken out of its possession as a result of unlawful actions of other persons (Part 2 Article 2.6.1 of the Code of Administrative Offenses of the Russian Federation, note to Article 1.5 of the Code of Administrative Offenses of the Russian Federation). In this case, the owner is obliged to provide evidence of his innocence.
Evidence confirming the fact that a vehicle is in the possession (use) of another person may, in particular, be a power of attorney for the right to drive a vehicle by another person, a policy of compulsory insurance of civil liability of vehicle owners, which contains a record of permission to drive this vehicle such person, a rental or leasing agreement for a vehicle, testimony of witnesses and (or) the person directly driving the vehicle at the time the violation was recorded. This, as well as other evidence, does not have pre-established force and, when carrying out proceedings in the case, must be examined and assessed according to the rules established by Article 26.11 of the Code of Administrative Offenses of the Russian Federation, in their entirety. (clause 1.3 introduced by the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 02/09/2012 N 2)"
Please also study the information in such legislative acts.
Clause 1.1 of the resolution of the Plenum of the Armed Forces of the Russian Federation dated October 24, 2006 No. 18:
It should be borne in mind that the Code of Administrative Offenses of the Russian Federation for administrative offenses in the field of road traffic has established a special procedure for bringing to administrative responsibility when they are recorded using special technical means operating in automatic mode, having the functions of photography, filming, video recording, or photo means operating in automatic mode. and filming, video recording (hereinafter referred to as technical means operating in automatic mode). According to Part 3 of Article 28.6 of the Code of Administrative Offenses of the Russian Federation, in such cases a protocol on an administrative offense is not drawn up; a resolution in the case of an administrative offense is made without the participation of the owner (owner) of the vehicle and is drawn up in the manner prescribed by Article 29.10 of the Code of Administrative Offenses of the Russian Federation. In accordance with Part 3.1 of Article 4.1 of the Code of Administrative Offenses of the Russian Federation, in these cases, an administrative fine is imposed, calculated in the smallest amount within the sanction of the applicable article or part of the article of the Special Part of the Code of Administrative Offenses of the Russian Federation. If the applicable norm establishes an administrative penalty in the form of deprivation of the right to drive a vehicle or administrative arrest, then an administrative fine is imposed in the maximum amount provided for in Part 1 of Article 3.5 of the Code of Administrative Offenses of the Russian Federation for citizens. (Clause 1.1 introduced by Resolution of the Plenum of the Supreme Court of the Russian Federation dated 02/09/2012 N 2)
Part 3 of Article 28.6 of the Code of Administrative Offenses of the Russian Federation:
In case of detection of an administrative offense provided for by Chapter 12 of this Code, or an administrative offense in the field of territory improvement, provided for by the law of a constituent entity of the Russian Federation, committed using a vehicle or by the owner or other holder of a land plot or other property, recorded using automatic mode special technical means that have the functions of photography and filming, video recording, or means of photography and filming, video recording, a protocol on an administrative offense is not drawn up, and a decision on a case of an administrative offense is made without the participation of the person against whom the case of an administrative offense has been initiated, and is executed in the manner prescribed by Article 29.10 of this Code. Copies of the resolution in the case of an administrative offense and materials obtained using automatic special technical means that have the functions of photography, filming, video recording, or means of photography, filming, video recording, are sent to the person against whom the case of an administrative offense has been initiated , by registered mail within three days from the date of the said decision.
Part 3.1 of Article 4.1 of the Code of Administrative Offenses of the Russian Federation reads:
In the cases provided for in Part 3 of Article 28.6 of this Code, administrative punishment is imposed in the form of an administrative fine. In this case, the amount of the imposed administrative fine must be the smallest within the sanction of the applicable article or part of the article of the Special Part of this Code, and in cases where the sanction of the applied article or part of the article of the Special Part of this Code provides for administrative punishment in the form of deprivation of the right to drive vehicles or administrative arrest and there is no provision for administrative punishment in the form of an administrative fine, administrative punishment is imposed in the form of an administrative fine in the amount of five thousand rubles
The resolution is sent in printed form within three days from the date of issuance. If you do not agree with the decision, you have 10 days to appeal it. The time limit for filing a complaint begins from the moment the decision is received.
Part 1 of Article 30.3 of the Code of Administrative Offenses of the Russian Federation reads:
“A complaint against a decision in a case of an administrative offense may be filed within ten days from the date of delivery or receipt of a copy of the decision”
Remember that it is the car owner who must prove his innocence!
Arguments that will help you challenge the fine
The speed of one of the cars is recorded using radar. If the traffic police inspector presents radar readings as the basis for drawing up a report, you can point to another car and state that the car driving in front of you exceeded the speed.
It will be even more difficult for the inspector to prove your guilt using radar readings if there are several lanes on the road with different speed limits. In this case, you need to prove that it was your car that exceeded the speed limit, moving in the lane where this speed is prohibited.
You can ask the inspector to show the radar certificate. This document contains possible inaccuracies. In some cases, this error can reduce the degree of liability.
If the traffic police inspector measured the speed through the window of an official car or through the glass of a stationary station, the radar readings can be considered unreliable. Demand that information about all these recording violations be included in the protocol.
If you refuse to enter the specified information into the protocol, refer to Article 26.8 of the Code of Administrative Offenses of the Russian Federation. “Indications of special technical means”:
"1. Special technical means are understood as measuring instruments that are approved in the prescribed manner as measuring instruments, have appropriate certificates and have passed metrological verification.
2. Testimony of special technical means is reflected in the protocol or decision in the case of violation, issued in the case provided for in Part 3 of Article 28.6 of this Code.”
If the violation was recorded by a stationary video camera, contact the traffic police with the listed questions.
An individual approach to each individual offense is important, so contact traffic lawyers. They have significant experience in appealing such cases and will find a clue to appeal the punishment in every decision.
How are you punished for repeat speed violations?
In most cases, a repeated fine is imposed under the same articles as for the initial speed violation. But if you exceed the speed limit by more than 60 km/h, your driver's license will be revoked for one year. If a stationary radar detects a repeated speeding of 60 km/h, the owner of the car will receive a fine of 5,000 rubles (Part 7 of Article 12.9 of the Code of Administrative Offenses of the Russian Federation).
What is the maximum speed limit?
This question interests almost all Russian drivers.
Our recommendation is to follow the speed limit recommended by traffic regulations.
After all, you can, of course, hope to avoid punishment for violation. But at the same time, every time exceeding the speed carries the risk of an accident.
You need to follow the speed limit especially carefully within the city. If you drive at a speed of 80 km/h, you will not be fined. But if you get into an accident and the insurance company proves that you exceeded the legal speed of 60 km/h, you will not receive any payments and you will most likely be found to be the culprit of the accident.
Take care of your safety and the safety of other road users!