Didn't let a pedestrian pass at the crossing - how to appeal

How to challenge a traffic police fine for a pedestrian?

Compliance with traffic rules on the road by all road users is part of the general culture . However, quite often you can encounter violations committed by both drivers and pedestrians. Such behavior on the road often turns into tragedy.

You often have to watch pedestrians cross the road in the wrong places, hoping for the discretion of the motorist, and sometimes just at random.

But the driver does not always have time to react; As a result, the pedestrian ends up in a hospital bed, or even loses his life.

Under the new rules, a driver who fails to give way to a pedestrian will pay a fine. But what if it’s not his fault? Is it possible to appeal a ticket for a pedestrian?

Pedestrians and crossings: what has changed?

In 2017, penalties for both parties for violating traffic rules were increased. Some concepts have also undergone changes.

Traditionally, a pedestrian was defined as a person walking. Now, pedestrians also include motorcyclists and cyclists who walk and roll vehicles next to them. In addition, people riding on roller skates, skis, boards, scooters and in wheelchairs are also considered pedestrians.

A pedestrian crossing is a section of road designed for people to safely cross the roadway . According to the new rules, tram tracks located in this area are also considered pedestrian crossings.

So now the tram is obliged to give way to a moving person, and not vice versa. As you know, the transition zone is indicated by road signs or markings.

All road users are required to comply with the rules prescribed by the Code of Administrative Offenses, in accordance with which everyone is responsible for their violations.

Drivers need to know when to give way to pedestrians, and people walking need to remember where to cross the street.

Traffic rules: give way to pedestrians

Almost every motorist is sure that when he sees a pedestrian on the road, he must slam on the brakes and let him pass.

But according to the new rules, the pedestrian is not allowed to pass, they are “give way”, that is, they are not prevented from completing the maneuver and are allowed to calmly cross the road without changing the direction and speed of movement.

In the old version of clause 14.1 of the traffic rules, it is noted that the driver is obliged to slow down or stop in front of a zebra crossing if a pedestrian steps onto the roadway.

The updated version of the rules allows a car to pass through a zebra crossing if the trajectories of both road users do not intersect and the number of lanes allows this. Otherwise, priority is given to the pedestrian, and the driver is obliged to slow down.

For example, if a driver is moving along the far left lane of a four-lane road, and at that time a pedestrian has just begun to cross the road, then the car can safely pass, since it does not interfere with the person’s movement.

Note to drivers! On a multi-lane road, follow the “two lanes” rule; this means that at least 2 lanes must remain between the vehicle and the pedestrian.

Even if the traffic light turns green, the driver must wait until the pedestrian calmly reaches the end of the crossing (Section 14.3 of the Traffic Regulations). At the same time, he is not obliged to let people standing on the sidewalk pass who intend to cross the road.

They are not participants in the traffic, but they can become one in a second, stepping right in front of the car.

Advice for drivers: always reduce your speed in front of a pedestrian, even if you do not notice people. The transition is a potential danger, and you cannot relax here.

Note! If previously it was impossible to overtake another car at a crossing if there was a pedestrian there, the new rules prohibit overtaking at a crossing in any case. Otherwise, a fine cannot be avoided.

Crossing areas are not always marked on the road. However, the driver must allow:

blind people (holding a white cane);
people walking to a bus or tram;
children getting out of a vehicle with the emergency lights on and the “Transportation of Children” sign.

The courtyard is a pedestrian zone . Here the advantage always remains with the person on foot.

What to do on turns? Paragraph 13.1 of the traffic rules also stipulates this point in favor of the pedestrian. The motorist is obliged to let him pass, even if he crosses a red light.

A separate point is given to turns at the intersection (clause 13.7). If a driver enters an intersection when the traffic light is green, he must complete the maneuver without letting anyone pass.

But if there are stop lines, he must also take into account traffic signals for pedestrians.

Video: First Broadcast on NTV. Pedestrians - “Yield” and “Pass”

What are the responsibilities of a pedestrian?

Often it is pedestrians who provoke emergency situations by crossing the road in the wrong place. Many of them don’t even look around, believing that they should be let through in any case. But this is an incorrect interpretation of traffic rules.

Pedestrians are also required to comply with traffic laws, namely:

cross the street only at pedestrian crossings;
follow the green traffic light at a controlled intersection;
cross the street only at an angle of 90° if there are no cars nearby;
When stepping on a zebra crossing, slow down and notify drivers of your intention to cross the street.

For pedestrians who do not comply with these rules, the following penalties are provided this year:

violation that did not result in traffic violations – 500 rubles;
violation resulting in interference with the car – 1000 rubles;
violation resulting in minor damage to the health of another traffic participant - 1,500 rubles.

Note to pedestrians: If at the crossing you see a moving ambulance, police or fire truck with a siren and flashing lights, give way.

Failure to give way to a pedestrian - pay a fine

Despite stricter rules, the number of pedestrians injured at crossings is only growing.

Often both parties are at fault. However, the owner of the vehicle is always responsible.

For this offense, the driver will suffer administrative punishment in accordance with Art. 12.18 Code of Administrative Offenses of the Russian Federation. If you don’t give way at a crossing, you will pay 1,500 rubles .

By the way, from 01/01/2016 you can pay half of the fine within 20 days from the date of the decision.

Fines for hitting a pedestrian:

For minor damage - confiscation of the certificate for 1-1.5 years or a fine of 2500-5000 rubles.
Moderate damage - up to 20,000 rubles. or deprivation of rights for 1.5-2 years.
If a pedestrian is seriously injured or killed, penalties up to and including imprisonment apply.

In addition, the victim has the right to demand compensation for damage to health.

At the trial of the collision, the following factors will also be taken into account:

driver's condition;
whether he helped the victim or fled the scene.

How should a driver who hits a pedestrian behave?

Despite your emotions, act as follows:

Do not leave the scene of the accident.
Do not turn off the DVR.
Install a warning sign on your car.
Do not touch anything at the accident scene.
Call an ambulance and the police.
Take a photo of your surroundings.
Provide first aid to the victim.

How to challenge a traffic police fine and prove your innocence?

If you are inclined to think that you did not commit an offense, then you can try to “get out” of the fine. Your actions when your car is stopped by a traffic police inspector:

Ask the inspector to introduce himself, show the document and state the reason for the stop.
require a protocol to be drawn up.
Involve the pedestrian as a witness. If he suddenly jumped out onto the road, then tell him that according to the law he will also be punished. As a result, the pedestrian will be forced to admit that the driver did not interfere with his movement.
Use the car registrator recording, as well as the testimony of people who were nearby at that moment.

If the inspector refuses to question the pedestrian, and the violation was not recorded by video cameras, then perhaps this is simply a money scam on his part (it’s a pity, but this also happens).

In this case, there is simply no corpus delicti. What kind of protocol, let alone punishment, can we talk about then?

If the protocol is nevertheless drawn up, it is recommended to sign it, otherwise it will be more difficult to prove your case when appealing. At the same time, on the back of the protocol, in the column “explanation of the violator,” describe your vision of the situation.

The traffic police fine can be challenged . Within 10 days, write a complaint to the head of the traffic police, or better yet, immediately to the district court. Attach evidence of your innocence (photos, videos).

If circumstances in your case play against you, then you can take advantage of other nuances, for example:

uncertified measuring instruments of the traffic police inspector;
lack of witnesses;
errors in document preparation.

If the court makes a decision not in your favor, then you have the right to file a complaint with a higher authority. However, this must be done if you are absolutely sure that you are innocent. If the complaint is rejected, you will pay a double fine .

So, the updated rules, which came into force in 2017 and are in force in the current 2019, clearly delineate the responsibilities of all road users. In this case, priority is still given to the pedestrian, although he is also charged for violating traffic rules.

All that remains is to advise the driver to be extremely careful, always slow down before a pedestrian crossing, and in the event of an unjustified fine, to be able to defend his innocence.

Video: How to avoid a fine for not letting a pedestrian pass

How to challenge a traffic police fine for a pedestrian, where to go and how to file?

According to Art. 12.18 of the Code of Administrative Offenses of the Russian Federation, for failure to provide an advantage to pedestrians, drivers may be held accountable and required to pay a fine in the amount of 1,500 to 2,000 rubles. Sometimes such measures are applied unfairly, and road patrol officers do not always thoroughly understand the circumstances of the incident. That is why many people want to know how to challenge a traffic police fine for a pedestrian, where to go and what actions need to be taken to achieve justice.

When is a fine imposed for pedestrians?

Traffic rules (TRAF) oblige drivers to give way to pedestrians in all cases: when they cross the road at a traffic light or at an unregulated pedestrian crossing. If a person is moving outside the crossing area, the car owner is not obliged to give way to him.

Don't forget about the obligations of pedestrians. So, when crossing the roadway, they must make sure that all drivers allow them to pass. If actions take place outside the transition zone, it is necessary to make sure that the pedestrian does not interfere with other traffic participants.

When a driver can be fined for failure to pass:

If a person crossed the road at an unregulated crossing. The rules oblige all drivers to stop before the start of the zebra crossing if a person or group of people has already set foot on the road.
If a driver turns right or left at a traffic light, pedestrians can also cross the road at that time and must be allowed to pass.
If a blind pedestrian crosses the road anywhere while carrying a white cane, everyone must let him pass.
If a pedestrian entered the road when the signal was green, but in the middle of the path the red light turned on, drivers are obliged to allow him to complete the maneuver.
If there are tram tracks on the road, car owners undertake to allow passengers moving towards the trams during a stop to pass.

When you see a person crossing in the wrong place, you still cannot let down your vigilance. It is better to slow down and let him pass if he is already on the road, because a pedestrian who is hit in such a situation may be subject to administrative or criminal liability, as well as be required to pay compensation for causing harm.

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Grounds for appealing a fine

It often happens that drivers are accused of violating traffic rules illegally. The basis for challenging the decision may be the lack of interference for the pedestrian, failure to comply with traffic rules, and other factors. Let's take a closer look at each of them.

No interference for pedestrians

For example:

There is an uncontrolled crossing on a six-lane road. A person moves along it from the left, and a car from the right edge. In such a situation, the car owner will not create any obstacles, but the traffic police may regard this as a violation and issue a report.

You can try to talk to the pedestrian himself and find out whether the car interfered with his movement. However, as a rule, the traffic police do not want to listen to drivers and immediately draw up reports, so you have to appeal in any case.

Drawing up a protocol without witnesses

According to the law, all reports on traffic violations must be drawn up in the presence of two witnesses. If the driver denies his guilt, but the traffic police refuse to involve outsiders, you can put a signature on the document indicating disagreement with the accusation and appeal it in the future.

Another option is to involve the pedestrian himself to testify. He can participate as a witness, but even his denial of the driver’s guilt is often not taken into account by inspectors.

If a violation is detected by a video camera

Nowadays, in most cities, cameras are installed that allow recording almost all types of violations, including failure to pass a pedestrian.

There are several possible scenarios here:

At the time of the violation, it was not the owner of the car who was driving, but another person. All decisions are always sent to the registration addresses of car owners. If on the day of the violation it was not the owner who was driving, but his acquaintance, the latter can pay the fine himself. The second option is for both of them to contact the traffic police with an explanation, and then the resolution will be issued specifically to the violator.
The car has been sold, but the fines keep coming. Here, the former owner just needs to contact the traffic police with a purchase and sale agreement, which will indicate the date of the transaction. He also has the right to deregister the car, and then the unscrupulous buyer will have problems.
There is no decryption of the EDS (electronic digital signature) on the resolution. According to Art. 29.10 of the Code of Administrative Offenses of the Russian Federation, the document must contain it without fail. If there is no transcript or signature itself, this is interpreted as a procedural violation, and the document must be canceled;
The decree contains incorrect vehicle registration details. In some cases, the traffic police confuse the data, and as a result, another person receives fines for a violation. Here it is enough to present the STS inspector and submit an application to cancel the decision.

If a pedestrian jumps into the road

Not only drivers, but also pedestrians must follow traffic rules. Before starting to move along the roadway, they must make sure that all cars have time to stop and let them pass.

In 80% of cases, people cross the road without looking, and drivers may not have time to react to their maneuvers. If a person jumped onto the roadway unexpectedly (for example, ran across, or walked along the sidewalk and suddenly changed his trajectory towards the road), the driver has the right to challenge the fine by presenting video evidence. Witness testimony confirming his innocence will also not be superfluous.

How to appeal a fine: step-by-step instructions

Appealing a fine is allowed directly through the traffic police or in court.

In the first case, the procedure looks like this:

Drawing up an application. It is issued by the car owner independently.
Submitting an application. All documents must be submitted to the traffic police department whose decision is being challenged.
Receiving a response from the manager. The head of the traffic police or another authorized person is given 10 days to consider the complaint, after which he must give a written response to the applicant.

Sample application:

Download the complaint form for a fine for not allowing a pedestrian to pass

An appeal against a decision can only be made through a superior inspector. If he is not satisfied with his answer and they do not want to cancel the fine, he should complain to the court.

Legal proceedings follow the same principle described above. The case is considered in one meeting. The claim should be filed with the judicial authority at the address of the defendant.

Deadlines for appeal

Citizens are given 10 calendar days from the date of receipt of the decisions to appeal fines. If a violation is detected by a recording camera, the countdown begins from the date the document was removed from the mailbox.

Along with the complaint, copies of the driver’s license, passport and vehicle registration certificate are submitted to the traffic police. Evidence will also be required: witness statements, video camera recordings.

If the fine is issued to a person who was not actually driving, receipts, waybills, train tickets and other documentation indicating the fact that the citizen is in another place may serve as evidence.

How to file a complaint against a decision

Despite the lack of a unified form, the complaint must contain a complete list of data for objective consideration:

Full name, registration address of the applicant;
driver's license series and number;
information about the car: make, color, license plate number;
details of the resolution, date of preparation;
the essence of the violation with reference to the article of the Code of Administrative Offenses of the Russian Federation;
grounds for canceling the fine: the accused driver’s stay in another city, etc.;
a list of attached documents;
date and signature.

The complaint is drawn up in two copies. One must be handed over to the traffic police, and the second is returned with a registration mark. If the document is sent by Russian Post, the confirmation is the receipt by the applicant of a notification of delivery to the inspectorate.

Appealing a ticket for failing to yield to a pedestrian is a labor-intensive process that can take a long time. Before filing a complaint, you should carefully prepare evidence, otherwise the response to the appeal will be negative.

New fine from cameras: 1,500 rubles for not allowing a pedestrian to pass

In the near future, the detachment of automatic photo-video recording systems for violations will begin to be actively replenished with new types of cameras that will record violations at unregulated pedestrian crossings. For most motorists, the presence of such cameras is news, despite the fact that they have been operating for a long time in a number of regions of Russia. But these fines are likely to become the most widespread after speeding fines.

What to do in order not to replenish the budgets of all levels and the capital of companies that own private cameras? First, you need to refresh your memory of the Rules of the Road. Clause 14.1 states: “The driver of a vehicle approaching an unregulated pedestrian crossing is obliged to give way to pedestrians crossing the road or entering the roadway (tram tracks) to make the crossing.”

The concept of “give way” is explained in paragraph 1.2. Traffic rules: “Give way (do not interfere) is a requirement that means that a road user must not start, resume or continue moving, or carry out any maneuver if this may force other road users who have priority over him to change direction of movement or speed."

Controversial situations arise due to unclear formulations. For example, the word “may” was inserted into the concept of “give way.” What does this mean? For example, a pedestrian has crossed a zebra crossing, the distance to your car is sufficient and safe, your trajectories do not intersect. But the inspector believes that your movement “could” force the pedestrian to change the trajectory of his movement or speed, so he issues a fine. Such conflict situations have become fewer in recent years and there is a consensus on the roads in the general interpretation of the rules: if a car forced a pedestrian to change the speed or trajectory, then there is a violation; if the pedestrian did not change the speed or trajectory, then there is no violation on the part of the driver.

But how will soulless cameras look at what is happening? After all, the algorithm will determine whether there was a violation or not. And this causes natural concerns among many drivers. We tell you how the cameras will work.

Auto hurricane

A system with this name automatically detects the appearance of a pedestrian at the edge of the roadway and tracks his movement throughout the entire time he crosses the road. The algorithm of the complex is able to detect situations when the driver has not given priority to a pedestrian, as well as those cases when the pedestrian has neglected safety rules and is himself a violator (clause 4.5 of the traffic rules). However, fines for pedestrians are not yet issued automatically.

The complex measures and takes into account the speed of the vehicle, the trajectories of the vehicle and the pedestrian, the relative position of the vehicle and the pedestrian relative to the expected point of intersection of their trajectories.

If there is less than one lane left between the walking pedestrian and the car's path at the moment of crossing the zebra crossing, the camera will issue a fine. Since both the car and the pedestrian are in motion, the driver will have to calculate the situation several steps ahead. In fact, this means that as soon as a pedestrian on a four-lane road (two there, two back) enters the pedestrian crossing on your side, you need to brake.

The developer of the complex provides the ability to video record each violation. But the storage of such recordings remains at the discretion of the services operating the camera.

This manufacturer’s complex, called Skat-PP , records all vehicles in the control zone, measures their speed, and analyzes the trajectories of vehicles and pedestrians. A unique multi-purpose radar is responsible for measuring speed. The complex consists of a measuring module and an overview video camera, which provides additional evidence of an offense by recording the situation in the driver’s control zone.

Legal nuances

All drivers must remember that, by law, photographic materials collected by the camera, recording the failure to provide priority in traffic to pedestrians, are the final representation of many algorithms of the complex: recognition of pedestrians, vehicles, speed measurement, determination of time, coordinates, movement trajectories and many others. All photo-video recording systems only form photographic materials and an evidence base, and do not interpret events. It is the traffic police inspector who, having studied the case materials, makes a decision on “guilt” and “violation”. If the inspector has doubts, he can watch the video generated by the complex.

How to continue to live?

Of course, pedestrians must give way at zebra crossings. However, in many Russian cities there are many unregulated crossings along which there is an endless stream of people. As a result, the principle of alternate passage and travel through such areas was developed. Pedestrians, despite having the right of way, stop and let cars pass, then cars let pedestrians pass, and this allows the section to at least somehow move. If a camera is installed at such a crossing to record photo-video violations, you will not be able to pass through it without a fine. Strict formal adherence to the Rules of the Road does not always correspond to real situations when different road users agree not to use priority or advantage so as not to create problems for each other.

For motorists who do not want to get a fine, there will be a simple rule that is easy to remember: if you are passing an unregulated pedestrian crossing and in the lane next to you a pedestrian is walking in your direction, then stop and let him pass, and if the pedestrian has already passed your lane and comes from you, you can continue moving.

In a traffic jam, do not drive across the pedestrian crossing markings. After all, it may turn out that you drove into a zebra crossing when no one was there, stood up, and then pedestrians appeared on it and were forced to go around your car. The camera will record such an incident as a violation of traffic rules, because the entire width of the pedestrian crossing falls within the control zone.

And a very general recommendation for drivers: slow down in front of a zebra crossing. This practice will help you avoid not only a fine, but also more dire consequences.

How to dispute?

The appeal system, formed in the last century, categorically does not want to be updated. In order to appeal the decision, you need to either send a written application by mail to the traffic police, or come to the reception in person. Since the presumption of innocence for drivers in terms of recording violations by cameras has been partially abolished, you will have to prove your own innocence. Recording from a DVR is perfect for this, if you have one. However, I am sure that the vast majority of motorists would prefer to simply pay this fine “at a discount” and forget about it. Until next time.

In the coming year, drivers will receive new “letters of happiness” from automatic recording cameras: for not allowing pedestrians to cross a zebra crossing, a fine of 1,500 rubles will be imposed. We tell you how the cameras will work.

You will find information on the legal aspects of automotive life in our “Document Park”.

How to appeal a fine for not allowing a pedestrian to pass? Form, sample and instructions

Complaint about a fine for a pedestrian

It is necessary to let pedestrians pass at a pedestrian crossing in 2019 correctly - current legislation requires this from drivers within a specifically specified framework and with certain actions. That is why most traffic police fines for failure to allow a pedestrian to pass are simply illegal at the present time. And such punishments need to be appealed. If it was not possible to do this on the road in a dispute with a traffic police inspector, then you can successfully file a complaint through a formal procedure.

What is the fine for a pedestrian?

For 2019, it ranges from 1,500 to 2,500 rubles under Article 12.18 of the Administrative Code. Exactly what amount will be assigned as a sanction depends on aggravating and mitigating circumstances, and this is decided by the inspector who issues the fine. Simply put, if you admit guilt, repent of what you did, and haven’t been fined for crossing a zebra crossing for about a year before, then a minimum amount should be imposed. If failure to allow a pedestrian to pass led to an accident, and you are a repeat offender for this violation, then the maximum level of this fine may be assigned.

If a traffic violation is recorded on an auto-recording camera, then, as a rule, the maximum amount of punishment for this is assigned.

The good news is that you can appeal a fine for not allowing a pedestrian to pass at a crossing not only to cancel the penalty, but to reduce the amount.

The above sanction may be imposed in the following cases:

if you do not let a pedestrian pass at an unregulated pedestrian crossing (when the driver is obliged to stop if he sees pedestrians entering or crossing the roadway) - violation of clause 14.1 of the traffic rules,
if, when turning right or left, you do not allow this category of road users to pass (13.1 Traffic Regulations),
if you do not give the tram passengers the opportunity to get to it when the tram stops (14.6 traffic rules),
if you do not give way to people with a white cane anywhere on the road (not only at the zebra crossing) - 14.5 traffic rules),
if you do not allow pedestrians to complete crossing the road when the traffic light turns red for them and the light turns green for you, provided that they entered the roadway when the light turned green.

So, the fine has already been issued, what to do next?

Deadlines for appeal

In general cases, the deadline for filing a complaint against any traffic police fines is 10 days from the date of receipt of a copy of the decision:

from the day the inspector handed you a copy of the decision,
from the day you took it out of the mailbox, if the fine was issued by an automatic recording camera.

Very often, motorists confuse the decree with the protocol. The first is a fine in its formal form. The latter is not appealable, but only means that the fine has not yet been imposed, but there will be a hearing at the traffic police in your presence, where you must be invited, and as a result of the analysis they will make such a decision.

If 10 days are missed, then along with the complaint you can submit a free-form petition to restore the deadlines, but there must be good reasons for this.

How much does an appeal cost?

It's free. All complaints against decisions on administrative offenses are not subject to state duty. You will only need to pay for postage, a ballpoint pen and an internet connection to read this article.

Form and sample complaint about a fine for a pedestrian

For 2019, there is no strict appeal form. The complaint is written in free form. However, it must contain certain data:

number of the resolution, date and time of the fine issued for the pedestrian that you are going to appeal,
your data, including contact information,
who issued the decree,
reasons for canceling the fine,
your specific requirements for the resolution (cancel, reduce the fine, and so on).

Below you can download complaint forms in DOC format to fill out on your computer or PDF to fill out by hand, as well as a sample to fill out.

Instructions for appeal

Challenging a fine for not allowing a pedestrian to cross a zebra crossing is quite simple. But success depends on the grounds for appeal - if the punishment was indeed applied illegally, then the fine is also illegal and should be canceled by the person considering the complaint.

But writing a complaint correctly is half the success.

1. Fill out the complaint heading at the very top. The following information is required.

Where and to whom you submit the application - you can appeal the fine for a pedestrian or to the traffic police - to the unit in which the inspector serves, writing a complaint addressed to his chief; or to the district court at the place where the offense was committed. All this is written on the back of the resolution. If the violation is recorded by an automatic recording camera, then the addressee will also be indicated on the back of the resolution.
The address of the authority to which you are sending the letter is also indicated in the resolution.
Your full name, residential address and contact telephone number for communication.

2. Now in the complaint itself you need to indicate the essence of the violation - when, where, under what circumstances, by whom or what (the camera) the decision was made.

Be careful - in the complaint you must write the date and time the traffic police fine was issued, so that it is clear that the appeal deadlines have not been missed, as well as the number of the resolution for identification.

3. Now let's move on to the most important thing - the reasons why you want to appeal the fine. We list them below. And here it is necessary to state the essence of the appeal in a free but understandable form with reference to the norms of legislation. Above in the example, we gave as an example such a basis as the absence of interference with the pedestrian by the driver’s movement, while clause 14.1 requires the driver not to interfere.

4. Now you need to write the demand itself: what do you want with this complaint - cancel the fine for not allowing a pedestrian to pass, reduce it.

5. Finally, we attach a list of documents to the complaint and indicate in the application all the attached documents.

You must include:

a photocopy of your copy of the resolution,
a link to a recording on YouTube, if there is a video recorder that proves your innocence (and when challenging a fine for a pedestrian, this is an important argument); pre-upload this video to the specified resource, making access only via a link, if you do not want the video to be publicly available,
any other documents that could be relevant to the case and serve as an argument for a successful appeal (copy of the sale and purchase agreement, full names of witnesses).

Now all that remains is to sign and the current date, pack it in an envelope, and send it by mail or bring it in person to the traffic police department or TsAFAP that issued the decision, or to the district court at the place where the violation was committed. The letter must be sent by registered mail with a list of attachments.

And don’t worry about missing the appeal deadline due to the long delivery of the letter by mail - the complaint must be filed within 10 days, and you filed it by formally sending the letter, and the date of filing the complaint is considered the date the complaint was sent, indicated in the postal receipt.

In the meantime, here are a few common reasons for contestation.

On what basis can you appeal?

So, the list of reasons is quite large, we will present the most common ones related specifically to the refusal of pedestrians to pass.

If the pedestrian was not interfered with

Clause 14.1 of the traffic rules, if it is specifically charged with it, requires the driver to give way to a pedestrian who has entered the roadway or is crossing the road along it (at the crossing, of course). Similarly, Article 12.18 of the Code of Administrative Offenses provides for punishment specifically for failure to give way to the road.

Giving way, according to paragraph 1.2 of the Rules, means not creating interference, that is, not forcing a pedestrian to change their trajectory or speed. If this requirement is met, then there is no violation.

For example, a pedestrian has just started crossing on one side of a 6-lane road, and you are moving in a car on the other, like this:

There is no violation in this figure. But the success of appealing a fine for failure to pass here increases significantly if there is a video recorder with evidence that the pedestrian was far from the car at the time of passing the crossing.

Alas, despite the publication of an explanation from the Supreme Court that the protocol alone is not enough to impute a violation to the driver - objective evidence is needed, in practice, the courts and traffic police chiefs, when considering drivers’ complaints, still take the side of the inspectors only on the basis that the latter “ has no basis not to be trusted, because he took the oath ."

Here is an example of when a driver was issued a fine on camera, although there is no evidence that a pedestrian was obstructed (there is no answer to the question of whether the pedestrian changed speed or direction):

In the sample complaint above, we have provided the correct text of the challenge based on the lack of obstruction to a pedestrian.

If the employee has no evidence of guilt

As we have already described above, the lack of video evidence from the driver, according to the law, should not be a reason not to trust him, if the inspector does not have evidence either. But in practice, most often, those reviewing the case trust the employees. But this is not a reason to accept the fine - you need to file a complaint, simply indicating that you did not commit the offense.

Just note that the inspector may still have a video, but he is not obliged to provide it on the road upon request.

The pedestrian must be questioned

This refers to the clause about the absence of a violation due to an uncreated obstacle to a pedestrian. Even if you don't have a dash cam, the inspector is required to review the case fully, which means he is required to interview everyone involved in the situation.

You can request this in writing directly to the inspector on the road, to which he must give a reasoned refusal or still involve the pedestrian as a witness. Just make sure in advance that the pedestrian does not go further about his business by crossing the road.

However, this cannot be a separate basis for a successful appeal, but a violation of procedural norms by the traffic police officer is obvious. To do this, you can attract other witnesses, which can be stated in the protocol or resolution.

If the fine is from the auto-fixation camera

Here the list of reasons is significantly added:

if it was not you who was driving (according to the law, fines from cameras are issued to the owner of the car), then the driver’s witness statement must be attached to the complaint about the fine for a pedestrian on a zebra crossing, and in this case the fine should be canceled against you and issued to him;
if the car was sold, then you need to attach a copy of the purchase and sale agreement with the date of the transaction earlier than the traffic violation committed,
if the resolution does not contain electronic signature data, then this is also a reason for canceling the fine; indicate this in the basis and refer to the norm of Article 29.10 of the Code of Administrative Offenses, as well as the corresponding resolution of the Supreme Court of the Russian Federation,
if the camera incorrectly identified the license plates of your car, then simply indicate the correct ones in the complaint and attach a copy of the vehicle registration certificate,
also, when issuing a fine for a pedestrian on an auto-recording camera, a photograph is always attached to a copy of your decision - in this case, you can also appeal the decision on the basis that you have complied with the requirement to give way to a pedestrian at a zebra crossing, if the photo shows that the pedestrian is far from you and the absence interference is obvious to him.

Is it possible to appeal a pedestrian ticket online?

The fact is that the 2019 legislation does not provide for filing a complaint online via the Internet, because one of the main attributes of the complaint should be the signature of the person involved - that is, yours. Thus, it is possible to challenge a fine for a pedestrian at a zebra crossing only if the applicant has an enhanced digital signature.

But with a high degree of probability, the complaint will be considered if you submit it through the online reception of the official website of the traffic police. Just write there what you would write in the form and sample complaint above.