How long does it take for traffic police fines to be written off?
Statute of limitations for paying traffic fines
- Statute of limitations
- — statute of limitations for fines from cameras
- - expiration date for bailiffs
- Due date
- If you don't pay the fine
- - if the fine is overdue
- — does a subpoena arrive?
- Question answer
Question answer
Within 60 days from the date of entry into force of the resolution. (within 70 days from the date of delivery of the decision)
If payment is not made, the traffic police fine will be canceled after two years.
There is no deadline for writing off traffic fines, that is, it will always be in the database, it is important that it is paid.
No, the case is closed upon application when the fine expires.
The period for enforcement proceedings on traffic police fines is 2 years; after this period you cannot be held accountable, but the fines are not reset.
You will have 60 days from the date of entry into force of the resolution to make payment. (within 70 days from the date of delivery of the decision)
You will have 60 days from the date of entry into force of the resolution to make payment.
A fine of double the amount, but not less than 1000 rubles.
Arrest up to 15 days.
Mandatory work until 15:00.
Within 20 days from the date of receipt of the decision.
If traffic police fines are not paid on time, they can issue a fine of double the amount, but not less than 1000 rubles, arrest for up to 15 days, and assign compulsory work for up to 15 hours. If the amount exceeds 10,000 rubles, they may be prohibited from leaving the country and removed from driving the vehicle.
If you do not pay a fine for a long time, this may become a reason for applying more serious sanctions against you. To prevent this from happening, we advise you to familiarize yourself with all the pitfalls in this matter.
What is the statute of limitations for traffic fines?
There are three situations when the statute of limitations is considered:
The inspector stopped him for violating traffic rules, but did not issue an order.
The case was brought to court, but you have not yet been summoned to the hearing.
You have been ordered to pay a fine.
In each case, there is a period after which you will not be held accountable.
There are often situations when a traffic police officer stopped you and returned your documents, but at the same time informed you that he would draw up a protocol later and you would need to drive up and pick it up.
Remember, until you receive the resolution in your hands, it cannot enter into legal force.
According to Part 1 of Article 4.5 of the Code of Administrative Offenses of the Russian Federation, if within two months you have not been issued a decree and have not handed it over, then they simply do not have the right to hold you accountable.
Your case was sent to court, but there is no result of the hearing within 3 months, then, according to the same part 1 of Article 4.5 of the Code of Administrative Offenses of the Russian Federation, the validity period of this issue will expire and will simply be irrelevant.
Unpaid car fines also have a validity period, which is two years from the date of entry into force. But there is one caveat: if the debtor is discovered after this period has expired, the punishment can be renewed and an administrative penalty imposed. To prevent this, you need to come to the traffic police and write a statement with a request to stop processing the offense upon expiration.
A resolution on the imposition of an administrative penalty is not subject to execution if this resolution has not been enforced within two years from the date of its entry into legal force.
Part 1 of Article 31.9 of the Code of Administrative Offenses of the Russian Federation
Therefore, if you have any fines, you should be careful on the road, because if you are stopped by an inspector, he will most likely check you for debt in relation to administrative offenses. What happens if you don’t pay the fine, read our article.
Is there a statute of limitations for fines from cameras?
As you know, not all violations can be recorded by a video camera, but a resolution will still be drawn up and sent to your postal address at the place of registration.
Often, such letters take a long time to reach the recipient or may even be lost. Regardless of how the protocol was drawn up, fines from video recording cameras of violations also have a statute of limitations of two years from the date it came into force.
What is the expiration date for traffic police fines issued by bailiffs?
When a ruling is made, you are given 10 days to appeal it. If the driver decides not to appeal, then after this period he will have 60 days to find funds and pay the debt. But the most interesting thing will happen when these three months pass. The case will be brought to court, after which, within 22 months, bailiffs will begin to look for you, and any ordinary checks by a traffic police officer may end in a bullpen.
In other words, the shelf life of fines issued by bailiffs is equal to the statute of limitations in the traffic police, that is, two years.
But, we remind you that if you do not send the corresponding application to the traffic police after two years, then as soon as you are “identified”, the case can be resumed.
Deadlines for payment of traffic police fines by law
Once you are issued a ruling, you will have 10 days to appeal it.
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.
Part 1 of Article 30.3 of the Code of Administrative Offenses of the Russian Federation
After this, the period for paying traffic police fines begins, since the document comes into force after the end of the period provided for appeal.
An administrative fine must be paid in full by a person held administratively liable no later than sixty days from the date of entry into force of the decision to impose an administrative fine, except for the cases provided for in parts 1.1, 1.3 and 1.4 of this article, or from the date of expiration deferment or installment period provided for in Article 31.5 of this Code.
Part 1 of Article 32.2 of the Code of Administrative Offenses of the Russian Federation
Based on what is written above, you are given time to pay off the fine, which is 60 days.
If you are sure that you will not appeal and want to pay the debt as soon as possible, then first check whether your violation falls under one of the following:
Driving a vehicle that is not registered in the prescribed manner (Part 1 of Article 12.1 of the Code of Administrative Offenses of the Russian Federation).
Driving or handing over the steering wheel to a person who is intoxicated (Article 12.8 of the Code of Administrative Offenses of the Russian Federation).
Repeated speeding (parts 6 and 7 of Article 12.9 of the Code of Administrative Offenses of the Russian Federation).
Repeated driving through a red traffic light (Part 3 of Article 12.12 of the Code of Administrative Offenses of the Russian Federation).
Repeated entry into the oncoming lane (Part 5 of Article 12.15 of the Code of Administrative Offenses of the Russian Federation).
Repeated movement in the opposite direction on a one-way road (Part 3.1 of Article 12.16 of the Code of Administrative Offenses of the Russian Federation).
Causing minor or moderate harm to health (Article 12.24 of the Code of Administrative Offenses of the Russian Federation).
Refusal of a medical examination (Article 12.26 of the Code of Administrative Offenses of the Russian Federation).
Drinking alcohol after an accident (Part 3 of Article 12.27 of the Code of Administrative Offenses of the Russian Federation).
If your violation is not on this list, then from the date of the decision, within 20 days you will be given a 50% discount to pay the fine.
What happens if you don’t pay the traffic police fine?
Traffic police fines may not be paid within 70 days from the date of delivery of the decision, where 10 days are given for appeal. However, after this period of time, liability is provided for non-payment of traffic police fines, which is regulated by part 1 of article 20.25 of the Code of Administrative Offenses of the Russian Federation.
Failure to pay an administrative fine within the period provided for by this Code entails the imposition of an administrative fine in the amount of twice the amount of the unpaid administrative fine, but not less than one thousand rubles, or administrative arrest for a term of up to fifteen days, or compulsory labor for a term of up to fifty hours.
Part 1 of Article 20.25 of the Code of Administrative Offenses of the Russian Federation
In other words, if you are in debt, the fine for non-payment will be twice the amount of the fine, but not less than 1000 rubles.
But, according to Part 3 of the Note to Part 1 of Article 20.25 of the Code of Administrative Offenses of the Russian Federation, if you do not pay traffic police fines from cameras, then arrest is not applied.
Administrative arrest provided for in Part 1 of this article cannot be applied to a person who has not paid an administrative fine for committing an administrative offense provided for in Chapter 12 of this Code and recorded using special technical means operating automatically and having the functions of photography, filming, and video recording. , or means of photography, filming, and video recording.
Part 3 Notes to Part 1 of Article 20.25 of the Code of Administrative Offenses of the Russian Federation
We can conclude that if you have not paid the traffic police fine received using photo or video cameras, then you should either pay it with a 50% discount before it becomes twice as large, or hope for the statute of limitations.
What to do if the fine is overdue?
As you know, the traffic police imposes administrative penalties for late payment of a fine. To avoid it, and the case was not sent to court for re-examination and further transfer to bailiffs, the debt should be paid off.
When the traffic police fine is not paid within 60 days, the court, in most cases, imposes an administrative fine of double the amount, unless, of course, you are a persistent defaulter. To avoid harsher punishment, it is better to pay the specified amount.
If you do not pay the fine for more than a year, and traffic police officers do not stop you for checks, and a summons to court does not arrive in the mail, then the bailiffs are not looking for you and you can wait until the expiration of the statute of limitations (2 years) and close this fine after this period has expired. State traffic inspectors.
Are they summoned to court for failure to pay a fine?
What kind of administrative punishment to impose on you for failure to pay a fine is decided by the court, and bailiffs will monitor its implementation.
To conduct a hearing, you will definitely be summoned to court to serve a repeated ruling indicating the violation and the sanctions against you:
Double fine.
Arrest up to 15 days.
Mandatory work until 15:00.
Also, if the amount of debt is more than 10,000 rubles, then the bailiffs have the right to impose on you a ban on leaving the territory of the Russian Federation (clause 1, part 1, article 67 of the Federal Law of October 2, 2007 No. 229-FZ), as well as a temporary restriction on the use of a special right in the form of driving a vehicle (deprivation of rights).
If a debtor-citizen or a debtor who is an individual entrepreneur fails to fulfill, within the period established for voluntary execution, without good reason, the requirements contained in the enforcement document for the collection of alimony, compensation for harm caused to health, compensation for harm in connection with the death of the breadwinner, property damage and (or) moral damage caused by a crime, claims of a non-property nature related to raising children, as well as claims for the collection of an administrative fine imposed for violating the procedure for using a special right, the bailiff has the right, at the request of the claimant or on his own initiative, to issue a resolution on a temporary restriction on the use of the debtor special right. If the requirements of the executive document for the collection of an administrative fine imposed for violating the procedure for using a special right are not fulfilled, the debtor may be limited in the use of only this special right.
Part 2 of Article 67.1 of the Federal Law of October 2, 2007 No. 229-FZ
As soon as you receive a letter saying that enforcement proceedings have been initiated against you, you will have 5 days to voluntarily pay off your debts, otherwise, otherwise, you will not be released from the country, removed from driving the vehicle, and also blocked funds in accounts.
The period for voluntary execution is five days from the date the debtor receives the resolution to initiate enforcement proceedings, unless otherwise established by this Federal Law.
Part 12 of Article 30 of the Federal Law of October 2, 2007 No. 229-FZ
To avoid all this red tape and not regret what you have done, we advise you to periodically check for fines, as well as make timely payment of debt.
Do traffic police fines expire and after how long if they are not paid?
Traffic police fines have deadlines, and there are a great many of them. First, the deadline for entry into legal force, the deadline for appeal, then the deadline for payment, then the deadline for prosecution under the article for late payment, and only after that - the deadline for the “burning out” of the fine. Looking ahead, we answer: yes, traffic police fines expire . This happens after 2 years, but there are conditions and fines do not expire in all cases.
How long does it take for traffic police fines to expire?
So, if you don’t pay traffic fines, they will expire—the data is current as of December 6, 2019. This happens 2 years after the date of entry into force of the decision on such a fine. Article 31.9 of the Code of Administrative Offenses tells us this:
Article 31.9. The limitation period for the execution of a decision to impose an administrative penalty.
1. A resolution on the imposition of an administrative penalty is not subject to execution if this resolution has not been enforced within two years from the date of its entry into legal force.
As you can see, everything is simple! Execution of a punishment is the payment of a fine, and if the fine has not been executed within two years from the date it entered into legal force, it expires.
But what is the effective date? According to the same Code of Administrative Offenses (Article 31.1), this is the date on which the period for appealing the decision on a fine expires. That is, first the inspector makes a decision (namely a decision, not a protocol), then there is a period during which this decision can be appealed, and after this period the decision comes into force, and it can no longer be appealed. The appeal period for almost all traffic fines is 10 days. But this period is interrupted if you appeal the decision.
If the decision was made not by the inspector, but by means of automatic recording, then the period for appeal begins after the driver has been properly notified of the punishment. Such notification is a registered letter with a copy of the resolution received by the driver at his place of registration if he did not evade receiving it.
Example: citizen Ivanov committed a violation on June 3, 2016 - he was driving at an excessive speed, which was recorded by a self-driving camera. As a result, a resolution was drawn up against him, issued on June 5 of the same year, and a copy of the resolution was sent to Ivanov by mail. Ivanov received this copy on June 14, 2016, and did not appeal this fine.
As a result, we get the following timing:
- The date of entry into force of the resolution is June 24, 2016 (date of receipt of the copy + 10 days for appeal).
- The expiration date for the fine is June 24, 2018.
It seems like nothing complicated, doesn’t it?! But in reality, fines are burned in this way very rarely. The fact is that the state takes good care of replenishing the budget, so it will not allow you to simply not pay a fine - this will be discussed below.
In what cases are fines not expunged?
So, we already know that the execution of the decision is the payment of a fine. But there is also such a term in legislation as “compulsory execution”. It's simple - it's transferring the fine to bailiffs for execution. This happens after the deadline for paying the fine has expired. Remember above we talked about the date the fine came into force? So, from this moment the period for paying the fine also begins, which is 60 days (not 2 months, namely 60 days). After this payment period has expired, the fine is considered overdue, and it is then that the traffic police have the opportunity to transfer this fine to the bailiffs, which (opportunity) they take advantage of.
That is, in the end we get that the fine, which was transferred to the Federal Bailiff Service, was enforced, so the period of 2 years does not apply to it.
Bailiffs, however, have no statute of limitations on fines at all. This means that if the fine is being executed by the bailiffs, it will never expire.
By the way, there is another important point regarding the period of the fine - from the moment it is considered overdue (after 10 days for appeal plus 60 days for payment), the period for collection under a rather tricky article of the Code of Administrative Offenses begins - 20.25. This article provides for punishment for late payment of a fine in the form of a new fine in double the amount of the overdue amount or arrest for up to 15 days.
Another case when a traffic police fine does not expire is the second part of Article 31.9 of the Code of Administrative Offences, which states that if a driver evades paying a fine, then the period of 2 years for him is interrupted. This is where the difficulty lies for legislators. The fact is that the fact of evasion is an active action, and therefore it still needs to be proven. A couple of the simplest such evidence is the confession of the evader himself or his actual residence not at the place of registration (and, as a result, the impossibility of notifying him), and the latter is also not so easy to prove to the authorities.
In fact, perhaps 99% of all fines cannot be expired only because they are handed over to bailiffs for execution, and this is precisely the reason why most fines never expire. You can check current information about such proceedings on the official website of the FSSP. That is why it is much more profitable to pay fines with a 50% discount within a 20-day period than to count on the fact that they will expire after 2 years.
What can I do to make the fines disappear?
Unfortunately, for 2019, there are no active actions to make the traffic police fines disappear. It makes no sense to do anything to give the fine the status of “burnt”, since the fine still remains with the driver; the obligation to pay it simply disappears.
It is also impossible to speed up the period after which fines expire.
Why, if the fine is burned, does it not disappear from the traffic police database?
When checking traffic police fines, burned fines will almost always be displayed as unpaid, because, as mentioned above, “burning” of fines is a conventional name; in fact, the fines do not expire, the obligation to pay them simply disappears, therefore, when checking fines in the databases, they remain current, unpaid.
Is it possible to get your license back if it was deprived along with a fine, but the fine was burned?
In cases where the decision imposes both a fine and deprivation of rights (for example, under articles for driving while intoxicated, for refusing to undergo a medical examination, etc.), 2 years may pass without the fine being paid. In this case, the fine also expires and there is no obligation to pay it. However, you will not be able to return your driver’s license without paying a fine, since such a condition is directly stated in the article on the conditions for returning the right to drive after deprivation (Article 32.6, part 4.1 of the Code of Administrative Offenses of the Russian Federation).
What traffic police fines are valid?
Summing up, we conclude that fines expire after 2 years, regardless of the article of the Code of Administrative Offenses under which we were fined. But there are exceptions in which fines do not expire, what are they?
- The fine does not expire if the decision on it was transferred to the bailiffs.
- The fine does not expire if the fined person evaded paying it.
- The fine does not expire if it was issued to someone who has been deprived of the right to drive (in this case, it will be impossible to return the license without paying the current fines).
How long does it take for traffic police fines to expire?
A fine issued to a traffic violator is always a nuisance. In an effort to avoid responsibility, drivers are looking for a variety of options and methods, including trying to find out whether traffic police fines expire after a certain period of time. It is worth noting that fines do expire after a certain period of time. However, this happens under certain conditions and is not relevant for all types of collections.
How long does it take to expire a fine for violating traffic rules?
In accordance with Article 31.9 of the Code of Administrative Offences, fines expire if they are not paid after two years from the date of entry into force of the decision to punish the violator. In this case, the driver needs to know that the period of 2 years will not be counted from the moment when the resolution was drawn up by the traffic police officer. After the date of drawing up this resolution, the violator has another 10 days during which he has the right to appeal its legality. Only after 10 days the resolution will come into force and will expire after 2 years.
In the case where the violation was determined by means of fixation on the road, the deadline for its write-off will occur after two years from the date of receipt of the notification of the fine by mail.
However, this is possible mainly only in theory. In practice, everything happens differently.
When do fines not expire and what is the liability for non-payment?
In general, it can be noted that violations do not “burn out” in such situations:
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- When transferring the resolution to the bailiff service for forced collection of the amount of debt (2 months after the resolution enters into legal force).
- The driver systematically evades paying existing fines.
- Violation will result in loss of driver's license. Until the fine is paid, the driver will not be able to receive his license.
- When a court order allows the violator to pay the fine in installments or a deferment.
The state, understanding that the expiration of the statute of limitations will lead to the release of the violator from liability, provides for the possibility of transferring the fine to bailiffs for execution.
This process is called enforcement . As a rule, the transfer occurs 2 months after the resolution enters into legal force. After this, the violation itself already passes under Article 20.25 of the Code of Administrative Offences, which provides for liability for evasion of the execution of an administrative penalty. There is no statute of limitations for this article. For its violation, existing penalties are doubled. It is also possible to arrest the offender for 15 days or involve him in correctional labor for 50 hours .
Also, if a driver has accumulated an amount of unpaid fines exceeding 10,000 rubles , he will be prohibited from leaving the territory of the Russian Federation, which may cause inconvenience when planning trips abroad.
Part 2 of Article 31.9 of the Code of Administrative Offenses assumes that there is no statute of limitations for those violators who evade paying existing fines. However, in practice it is quite difficult to implement this article. This is due to the fact that the very fact of evasion is an action that must be proven. For example, in a case where the violator does not live at his place of residence, it will be almost impossible to prove the fact of evasion.
In some situations, the resolution on administrative violation states that, in addition to a monetary fine, the person driving the vehicle is deprived of a license to drive it. A monetary fine for such an offense also has a statute of limitations of 2 years.
However, it is extremely difficult for the traffic police to return a driver’s license without confirming that the fine has been paid. Therefore, if the fine has not been paid within 2 years, the driver for whom the order was drawn up will need to contact the bailiff who has this case. There he must take a document that confirms that the proceedings have been terminated due to the expiration of the statute of limitations on it. Then you need to submit a petition to the relevant traffic police authority, which indicates a request to stop recording the collection due to the fact that the statute of limitations has passed. The petition must be written, since, in the event of an official refusal by the traffic police to issue a driver’s license, it will need to be appealed in court by presenting the relevant documents.
If the violator petitioned the court regarding the impossibility of paying off the fine due to a difficult financial situation and the court granted the postponement of the repayment deadlines or allowed the payment of the amount in installments, then for such a situation the statute of limitations will also not apply.
One way to force a violator to pay the fine is to restrict any actions related to the registration of his vehicle. In a situation where the statute of limitations for the violation itself has expired, the ban on registration actions should also be lifted.
In fact, it is difficult to wait until the statute of limitations expires, since the state will take all possible actions to ensure that budget revenue items are filled. Therefore, it is better for each violator not to delay paying the fine, but, on the contrary, to make the payment as early as possible, since in the first 20 days from the date of entry into force of the resolution, the discount on the fine amount is 50 percent.
How long does it take for traffic police fines to expire?
Many people are hesitant to pay fines because they believe they will be absolved from liability once the statute of limitations expires, but this strategy does more harm to drivers than good. Below we will find out what the statute of limitations is for fines and why you need to immediately pay off traffic police debts.
Procedure for imposing an administrative fine
Most offenses related to non-compliance with traffic rules fall into the administrative category. Responsibility for them is provided for in the Code of Administrative Offenses of the Russian Federation (CAO), and the main method of punishment is the imposition of a fine. Penalties are applied according to the following algorithm:
- An official (for example, a traffic police officer) records the offense. After this, he either independently issues a resolution to impose a fine, or draws up a special act, which is then submitted to the court for a decision; If the judge considers the official’s arguments to be fair, the court will issue a decision to impose a fine.
- The above resolution (“chain letter”) is either sent to the violator by registered mail or delivered to him personally. After receiving it, the offender has exactly 10 days to appeal it to a higher judge or official (this norm is enshrined in Article 30.3 of the Administrative Code).
- If within 10 days the citizen has not appealed the resolution (has not filed a complaint against it) or such an attempt has ended in failure (for example, the court found the offender’s arguments unconvincing), then this resolution comes into force. In fact, this means that a person must pay the fine within the next 60 days (this is the norm set forth in Article 31.9 of the Code of Administrative Offences).
How long does it take to voluntarily repay the debt?
After the decision on an administrative offense comes into force, the driver has exactly 60 days to pay the fine. Moreover, if a citizen does not pay the debt within the specified period, his case is transferred to the Federal Bailiff Service (FSSP) for forced collection.
Please note that after the expiration of the 60-day period, the court or official may additionally hold the violator accountable for evasion under Article 20.25 of the Code of Administrative Offenses. Methods of punishment are the imposition of a double fine, arrest (for 15 days) or forced labor (up to 50 hours). The imposition of a fine occurs in the standard way - a resolution is handed to the violator, the person is given 10 days to appeal, in case of non-payment, the case is transferred to the FSSP, and so on. The initial fine is also payable.
How long does it take for traffic police fines to expire?
The statute of limitations for traffic police fines is exactly 2 years from the moment the decision to impose it comes into force (that is, after 10 days from the date of issuance, which are given to file a complaint). This norm is fixed in Article 31.9 of the Code of Administrative Offences.
However, due to some features of administrative proceedings, almost all traffic police fines are de facto indefinite. The explanation is as follows:
- Traffic police fines can be paid either voluntarily or forcibly.
- The voluntary method looks simple - a person transfers a sum of money to a special government account. Transfer methods can be different - it can be payment using a bank, using special electronic terminals, visiting a traffic police department, and so on.
- The compulsory method looks like this: the court or an authorized person submits a delinquency order to the bailiffs, and FSSP employees confiscate money or property to pay off the debt. However, forced collection is not considered the actual transfer of money or property in favor of the FSSP, but the very fact of transferring the decision to the bailiffs. At the same time, the statute of limitations in an administrative case does not apply to the FSSP, therefore such a debt is unlimited.
- Theoretically, a situation is possible in which FSSP employees do not receive a decision on late fines - in this case, after the expiration of the statute of limitations (2 years), the person will actually be released from punishment. However, in practice, the probability of such an event is almost zero (for example, a letter with a decree on delay was lost in the mail, and the judge forgot to resend the letter).
To consolidate the material, we will consider two main scenarios:
Installment and deferment
In some situations, the official or judge may additionally grant the offender an installment plan or deferment. Main cases:
What are the dangers of refusing to pay traffic fines?
There are various penalties for late fines:
- After the 60-day period, your case will be transferred to the FSSP for forced repayment of debts (we will consider this scenario in detail below).
- Upon expiration of the repayment period, the court may hold you accountable for evading payment of traffic police debts under Article 20.25 of the Code of Administrative Offenses. Punishment methods include double fines, arrest or forced labor. However, please note that in order to be prosecuted under this article, the judge must prove that you were given timely notice of the fine. This fact can be proven in various ways; main cases - you received a notification with a signature, the fact of delivery of the notification was filmed, and so on.
- If you have been deprived of your driver's license, you can return it only after paying off all fines. Let's consider this situation: on December 1, you committed an offense and were fined 1,000 rubles, and on December 15, you committed another offense and your license was taken away for 1 month - in such a situation, you will be able to take away your license on January 15 only if you By now you have already paid off the fine.
Forced collection
If the 60-day period has expired, the FSSP may forcefully collect a fine. Bailiffs can make collections in various ways, but the following scheme is most often implemented:
- After receiving the resolution, the FSSP officer opens enforcement proceedings and sends a letter to the person at his place of residence demanding that he pay the fine within a certain period of time (usually 5-10 days).
- If the period has expired, the FSSP carries out forced confiscation of the property. Confiscation methods can be different - it can be writing off money from bank cards, confiscation of personal objects, withholding part of wages, and so on.
- Let us remind you that cases of forced collection are not subject to the statute of limitations for administrative offenses, and in the event of the death of the violator, the debt will pass to his legal heirs.
What to do if the fine has expired, but continues to remain in the traffic police database?
Information about all active fines is stored in a special database, to which all traffic police officers have access. However, sometimes this database does not work correctly:
- You recently paid off the fine, but it continues to appear in the database (this is due to the fact that the database is not updated immediately, but within 1-5 days). If a traffic police officer stopped your car and determined that there was a fine, then you must state that you paid off the debt very recently, so it is quite possible that the information is out of date.
- If your case was not transferred to the FSSP, and the statute of limitations has expired, but your case remains in the database. If a traffic police officer stopped you, then you need to say that the statute of limitations on your case has expired (be sure to refer to Article 31.9 of the Administrative Code).
How else can you avoid paying fines?
You also need to remember some important points:
- You can challenge the traffic police fine within 10 days after receiving the notification. In this case, you will have to prove that you were wrongfully prosecuted. For example, if you were illegally fined for seriously speeding, in this case you can provide the court with technical documentation for the car, which will show that your car cannot accelerate to such speeds.
- If you pay the fine within 20 days of receiving the notification, then you will be given a 50% discount. However, please note that this benefit does not apply to all cases (for example, the discount does not apply to cases of driving under the influence of alcohol). The full list of preferential cases is listed in Article 32.2 of the Code of Administrative Offences.
Conclusion
Let's summarize. Legally, the statute of limitations for traffic police fines is 2 years, but in fact such fines are indefinite due to the peculiarities of the judicial system. A person is given 70 days to repay the debt (10 days for an appeal + 60 days for repayment itself). After this, the case is transferred to the FSSP, and bailiffs have the right to confiscate property to pay off debts. In case of prompt repayment, a person may be given a discount.
Limitation period for traffic police fines in 2019 | Statute of limitations
Can the statute of limitations on a traffic police fine expire so that it no longer has to be paid?
⚡️The statute of limitations for administrative and criminal cases appeared in the world legal system several thousand years ago and is currently enshrined in most legislation of the countries of the Romano-Germanic legal family.
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Despite the ongoing debate among legal scholars, in 2019 a rule related to the de facto nullification of liability for committing certain illegal actions after a long period of time also exists in Russian legislation. The rule is associated with the loss of social significance of certain crimes at a significant temporary distance from the moment of their commission, the inappropriateness of punishment, years separated from the crime, problems with the evidence base in old cases.
Collect traffic police fines in an armful and throw copies of decisions in the trash - what could be simpler? Unfortunately, this method of solving the problem will only delay, and often even worsen, the situation of the motorist.
Among other, often very serious offenses, trivial traffic police fines also fall under the rule regarding the statute of limitations. This issue in the Code of Administrative Offenses is regulated by Article 31.9. The statute of limitations under the ShG is 2 years from the date the resolution enters into legal force.
Article 31.9. Limitation of execution of a resolution on the imposition of an administrative penalty 1. A resolution on the imposition of an administrative penalty is not subject to execution if this resolution was not enforced within two years from the date of its entry into legal force.
We can agree that two years or 24 months is a fairly short period of time in a human life, and a Russian is quite capable of waiting out such a period of time. In ideal conditions for a motorist, this is exactly the case. Moreover, until recently, a significant number of motorists managed to slip through the described window of opportunity and evade the traffic police fines imposed on them, guided by the rule of reaching the statute of limitations .
Today, it is extremely difficult for a motorist from a large city to endure traffic fines until expire . There are the following reasons for this:
- Electronic mobile databases of unpaid traffic police fines from the traffic police;
- Active work of the bailiff service;
- Prohibition on registration of a vehicle with outstanding fines.
Hypothetically, there is, of course, a chance to hold out until the “amnesty” associated with the expiration of the statute of limitations on traffic police fines . But let's look at what the life of a motorist will consist of throughout the entire waiting period.
The first ten days after receiving a traffic police fine are the most rewarding time. This period is left by the legislator for appealing the very fact of committing an offense. During this time, the offender can live a normal life without attracting the attention of government authorities. Then another 60 cloudless days are given to find funds to pay the collection. Clouds will begin to gather over the careless motorist on the 70th day of late payment. During this period, a significant part of the fines goes to bailiffs, but even here the “penalty officer” has the right to count on 10 days of persuasion and requests.
Then the motorist will find himself in a kind of airless space for 22 months. Both traffic police and bailiffs will be interested in his personality at the same time. Any evening check of documents can end in the bullpen, the debtor’s property - his wages and bank accounts, will be levied, virtually without warning, the court can easily deprive the driver-debtor of his rights, limit his right to travel, double the existing debt or sentence him to real correctional work. The full arsenal of means of influencing the “dodger” from fines, available “in the arsenal” of the security services, is so large that just listing them could lead to a separate article.
There is a chance that in the case of a very small traffic police fine of 500-1000 rubles, no one will hunt you. However, there is little point in living in fear for two years because of such a trifling amount. In the case of larger amounts, you are guaranteed to attract the interest of bailiffs and the traffic police. In such cases, it will be extremely difficult to delay until the statute of limitations on traffic police fines expires . And in the cases of such large, advanced regions as Moscow and the Moscow region, St. Petersburg and the Leningrad region, the Krasnodar Territory and the Republic of Tatarstan, it is almost impossible - the work of state control bodies is too clearly structured for these territories.
There are other subtleties, as we have repeatedly mentioned, the traffic police fine after a 70-day delay in payment goes to the FSSP (Federal Bailiff Service). No matter how stupid it may sound, bailiffs are not as friendly to car owners as the traffic police. It is rarely possible to quickly and reliably pay off fines sent to the FSSP. Resolving issues at this stage involves going to banks and working with paper receipts.
By the way, even if the motorist in some extraordinary way still managed to “avoid” the traffic police and the FSSP for two years and reached the expiration of the statute of limitations on fines , he still will not be able to avoid the final bow to government agencies.
The head of the local traffic police, in an amicable way, should receive from a debtor with fines for which the statute of limitations has expired , an application with a request to stop execution of them and remove irrelevant information from the general database.
And finally, on the topic of statute of limitations , we note that avoiding paying a traffic fine , that is, waiting for the expiration of its statute of limitations , is mostly achieved not by drivers who hid well from the bailiffs, but, rather, by motorists whom the bailiffs did not look for well or did not look for at all. . Clauses 2, 3 and 4 of the same article tell us about this 31.9 :
- The statute of limitations for traffic police fines begins to be calculated anew if either a person evading payment of the fine or his property is discovered;
- If the fine was to be paid in installments or deferment, then the statute of limitations is increased by the amount of the latter.
The easiest way to protect your life from unnecessary hassle is still to timely pay the traffic police fine . It is possible to play super-agent with the state, but coming out of this game as a winner is an extraordinary task. As always in our publications, we recommend that drivers check and instantly pay their fines through the online service “Staff Fines”.