After how many years are traffic fines canceled?

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?

1. The fine does not expire if the decision on it was transferred to the bailiffs.
2. The fine does not expire if the fined person evaded paying it.
3. 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).

After what time are traffic police fines cancelled: rules, conditions, terms and recommendations

Many traffic rule violators are interested in how long it takes for traffic police fines to be cancelled. For what exact purpose this is done is not so important. The main thing is that you should know the statute of limitations on this issue. Otherwise, problems with the law will be guaranteed. You must always pay the assigned fines. With rare exceptions, when they were prescribed to you illegally. In this case, you should not ignore the payment, but act decisively. How long does it take for traffic police fines to be cancelled? How quickly should you pay for a violation? What happens if you don't do this on time?

For leisurely people

To begin with: at what time do you need to pay the traffic fine? This question is of immediate interest to those who do not want to face problems with the law. In general, the answer here is: “There’s no need to rush.”

Why? The fact is that citizens have been given several months to pay fines. To be more precise, 80 days. Such rules exist for 2016. That is, having received a fine, you have the right not to rush to pay it. The main thing is to remember to do this in the future. It turns out that the traffic police have almost 3 months to pay fines. And then you will be in debt. We still have to talk about its consequences.

Don't pay

How long does it take for traffic police fines to be cancelled? Before you find out, there is one very interesting point to consider. We are talking about situations where you were fined illegally. What to do? It is not always possible to return money on an already paid payment. And this is done with great difficulty.

Therefore, please note: you have 10 days from the date of receipt of the payment document to appeal. During this period, you don’t even have to think about paying. Especially if you are really not guilty of anything, and the payments were imposed on you illegally or erroneously.

In this situation, it may be recommended to go to court. As soon as possible. How long does it take for the traffic police fine to be cancelled? Approximately the next day after the payment is declared invalid. Only you will have to first try to prove that you are right. Otherwise, you will have less than 80 days to cover the debt.

Limitation of actions

How long does it take for traffic police fines to be cancelled? And how long is the statute of limitations for these cases? The legislation of the Russian Federation has its own rules regarding this point.

It's no secret that laws in Russia undergo some changes every year. Not all, but many. Therefore, you should ask how long it takes for the traffic police fine to be canceled every year. And it’s even better when you encounter this problem. Information that was relevant yesterday may no longer be valid today.

Fortunately, for now there is some certainty in our question. The statute of limitations for traffic police fines in Russia is 2 years from the date the document enters into legal force. There is one caveat here.

The fact is that fines issued for violating traffic rules do not begin to work immediately. As already mentioned, citizens have 10 days to appeal. Only after this period the fine comes into force. It turns out that the limitation period in practice, if counted from the moment of receipt of the payment document, is 2 years and 10 days. How long does it take for an unpaid traffic fine to be canceled? After 2 years 10 days. This is exactly the restriction currently in effect in Russia. But it's not that simple. After all, citizens will face certain penalties for failure to pay any due payments. Yes, you can avoid payments for a little more than 2 years, but punishment still most often cannot be avoided.

For ignoring

So we found out after what time traffic police fines are canceled. It is not recommended to drag your feet in this matter. And if you know for sure that you have broken the law, do not hesitate to pay. In Russia, evasion of this action may result in punishment. Moreover, it will definitely happen. But which one exactly is impossible to predict.

The first thing that awaits the debtor is the appearance of penalties. It is charged for late fines. The longer you don't pay, the more money you'll have to pay in the end. After all, with additional charges, the penalty will also need to be paid in full. Perhaps this is the most compelling reason for a quick settlement with the state.

You can then expect additional punishment. A ban on crossing the border, as well as confiscation of a driver’s license, are common measures that are applied to most debtors. Arrest (for no more than 15 days) or correctional labor also takes place. They should not exceed 50 hours. In some cases, for an overdue fine, it may be doubled, but not less than by 1,000 rubles. Perhaps this is all there is to fear.

After payment

The cancellation of fines by the traffic police, as we found out, occurs after 2 years and 10 days. This applies to unpaid bills. The so-called statute of limitations. After what period can you not worry about your fine if it has been paid?

It all depends on the method you used to make the payment. In practice, it is better to keep all payment slips with checks for several years. But in reality, after payment, fines are considered canceled approximately the next business day. That is, one day after the funds arrive in the account. There are exceptions, but very rarely. Citizens try not to resort to dubious methods of paying fines, so that there are no surprises in the future.

When paying online

Recently, more and more the Internet is used to deposit money for certain services or to close accounts. Oddly enough, but most often it is with this payment method that problems arise. Especially if you didn't bother to print out the receipt. The services “Payment for government services” and “Government services” cause indignation.

The fact is that when using these resources to pay a fine, you should not hope for its quick closure. On average, an invoice is canceled approximately 10 days after payment is made. Therefore, when there is no time to wait, it is recommended to save all receipts and print out documents confirming payment of the fine on a specific day. In such a scenario, your debt will be canceled immediately after presentation of the payment document with all confirmations. Nothing difficult, right?

When can you not pay?

As you can see, cancellation of fines takes place. In some cases, citizens try their best to avoid paying debts to the state. It has already been said that this should not be done. Although in some cases this is possible.

When do citizens have every reason to evade traffic police fines? The answer is simple - if there is nothing to be afraid of. To do this, a person should not plan to leave the country in the next few years, he should not have any bank accounts. Don't forget about property. The draft dodger should not have it either. You will also have to forget about driving. So in this situation, you can hide from the traffic police until the fine is cancelled. It has already been said: you shouldn’t do this.

What conclusions can be drawn from all of the above? Firstly, traffic police fines expire. How long? The statute of limitations in this case is 2 years and 10 days. After this, the payment is canceled.

But you can pay fines within 80 days from the date of receipt. Please note: you will be given 10 days to appeal the document served. Everyone has this opportunity. There is no need to delay payment if you are truly guilty of a violation. The faster you pay off your debt, the fewer problems there will be in the future.

When do traffic police fines expire?

Article 31 of the Code of Administrative Offenses states that traffic police fines may not be paid after the expiration of the resolution imposing a fine, if during this time the traffic violation violator did not comply with it himself or was not forced to comply. However, in some cases, the resolution remains valid even after the specified period has passed. According to this article of the administrative code of the Russian Federation, the fine must be paid within 2 years from the day the resolution came into force.

Do traffic police fines expire and after what period? Can they be written off? In what cases are penalties canceled and when is their cancellation impossible? We will answer these questions in this article.

When does the regulation come into force?

The resolution comes into force 10 calendar days after the traffic police officer issues a fine to the violator or after the person in whose name the fines are issued has signed a notification of receipt of a registered letter with a fine. Fines for violations recorded by photo recording cameras are sent by registered mail, most often to citizens who are not registered on the State Services website.

If you do not accept a registered letter with a resolution, will it come into force? In fact, a registered letter will be considered received 30 days after receipt at the post office, even if the recipient does not come for it. That is, the resolution will become valid 30 days after it was received at the post office at the place of registration of the fined person.

Validity period of the resolution

The offender is given 10 days to appeal the decision in court. If the driver did not have time to appeal the decision within the allotted time, he can file a petition with the court to restore the appeal period.

For 2018, persons who have been issued a fine are given 60 calendar days to pay it off. At the same time, a 50% discount is provided for citizens who pay fines within 20 days after the decision on imposition of punishment comes into force.

If such a penalty is not paid within the established time frame, the violator will be given a new fine twice as large as the original one, or he may be arrested for 15 days or forced to do 120 hours of compulsory labor. However, if this does not happen and 2 years and 10 days have passed since the receipt of the decision on the administrative penalty, the fine is considered canceled and does not need to be paid.

When is cancellation not possible?

After the deadline for timely payment of the penalty expires, traffic police officers have the right to transfer the case to bailiffs for execution. Then the decision to impose punishment becomes unlimited. That is, if the case is transferred to the bailiffs, the traffic police fines will never expire.

The resolution will become indefinite even after government officials (traffic police officers, bailiffs) prove that the recipient is evading receiving notice of penalties. An example of such evidence is the words of the draft dodger himself or the testimony of neighbors at the place of registration that the citizen does not live at the address where he is registered, and, therefore, the address for delivery of registered letters with a fine is not relevant.

How can bailiffs collect a fine?

Representatives of the executive system have several legal ways to collect penalties from the offender. These include:

• deduction of the amount of fines and penalties from the violator’s salary;
• seizure of the offender’s property (this form of compensation is applied if the offender does not have an official place of work);
• a ban on traveling abroad for persons with unpaid fines.

Thus, in theory, it is possible to avoid paying a fine and not be punished for it if you do not pay a fine for 2 years and do not try to travel abroad, where the existence of penalties will be checked. An important condition remains that the fine should not be transferred to bailiffs during these two years, and this largely depends on the size of the unpaid fine and on the luck of the offender.

Can a driver not pay a fine if his license is confiscated?

In cases where penalties are issued to the violator simultaneously with the confiscation of the license, payment of the penalty becomes inevitable for the driver if he wants to get the license back after the expiration of the confiscation period.

According to the administrative code, the driver’s license is returned only upon payment of all penalties issued to him, regardless of whether the decision on imposing the punishment has expired or not.

Conclusion

Penalties for violating traffic rules expire 2 years and 10 days after the driver receives the decision. If the fines are not paid within the established time frame, the violator will be fined, and the case may be transferred to the hands of the bailiffs. The case transferred to the bailiffs has no expiration date. Bailiffs have the right to seize the violator’s salary or property, prevent the violator from going abroad or put the violator in prison.

​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”.

How long does it take for traffic police fines to be written off - statute of limitations for collection by law

For all obligations, a statute of limitations has been established - a period after which the fulfillment of the obligation cannot be demanded. This rule applies not only to ordinary debts, but also to fines. Knowing how long it takes for traffic police fines to expire, you can avoid paying sanctions for violations committed. However, in practice a completely different picture emerges.

Deadline for writing off the fine

It has been established that fines have their own collection period - it is defined as two years. According to the law, the period begins to run from the date when the resolution establishing the fine came into force. It should not be confused with the day the offense was committed, since it will be much further away.

So, on the day of the violation, the inspector draws up a protocol. Then the materials are reviewed by the traffic police and a decision is made. From this date, the violator can write a complaint against him within ten days. The appeal delays the date of entry into force.

Violations are often recorded not by inspectors personally, but by cameras. In this case, the main point is the receipt of the letter by the driver. The letter is registered, it is picked up at the post office, whose employees make a note of delivery. Thus, the specified period for appeal starts from this date.

After the deadline for filing a complaint has expired, the offender has almost two months (sixty days according to the law) to pay the established amount.

How to find out about a fine

Many people forget that they need to pay, or don’t even know about being held accountable. The latter situation is especially relevant if the place of registration does not coincide with the place of actual residence.

Drivers are advised to periodically check for information about violations. You can do this without leaving your home: on the government services portal or on the traffic police website - www.gibdd.ru/check/fines. In particularly advanced cases, information about enforcement proceedings will be available on the FSSP (bailiffs) website.

Enforcement

Do traffic police fines actually expire? In fact, it turns out that no, they don’t burn. The point is this. If the violator does not fulfill his obligation to pay voluntarily within the allotted sixty days, he will be forced to do so. All unpaid fines are transferred to the bailiffs for further action.

Based on the resolution, enforcement proceedings are initiated. Bailiffs have a wide range of possibilities: partial seizure of wages, debiting from bank cards, seizure of property and others. In other words, this service is empowered to effectively collect various types of debts.

From the moment the debt is transferred to the bailiffs for execution, the statute of limitations expires. Firstly, due to compulsory actions, and secondly, there is a high probability that the bailiffs will find funds to pay off the debt. This means that the violator has fulfilled the obligation. A fine received by the bailiffs will never be written off.

Consequences of non-payment

If a driver who is prosecuted waits two years to avoid paying fines, he may end up with an unpleasant surprise. The legislator has provided for liability for late payment. As a result, the final amount of recovery may double or even triple.

There is another article that provides for the liability of the waiting violator. It provides for sanctions for evasion of payment. However, there is difficulty in proving this. After all, evasion is taking active actions. To prosecute a driver under this article, you need to obtain his confession or provide other evidence.

When are fines written off?

In fact, write-off is carried out only if information about the driver for some reason was not transferred to the bailiffs. That is, the traffic police officers issued a resolution and “forgot” about it for two years. It is problematic to imagine such a scenario. But it is possible if there is a failure in the system.

There is one more nuance that fined motorists must take into account. If, in parallel with the monetary penalty, the driver was deprived of his license, then he will be able to return them only after depositing funds into the budget. Yes, the fine will be lost, but the ID will not be returned without a receipt.

If a miracle happens and they “forget” about the fine, then information about them will still remain in the databases. They will be marked as unpaid for which the claim period has expired.

No active actions will affect the duration of the obligation, nor will it affect the change in the status of the obligation.