Photographic recording of traffic violations, how to appeal

“>online, using the application form on the Moscow Transport portal;
in person, by contacting the Centers, they operate daily from 08.00 to 20.00 and are located at the following addresses:

• Staraya Basmannaya street, building 20, building 1;
• street 1905, house 25.

“>one of the centers.

You can also come to the MADI reception at the address Moscow, Kalanchevskaya street, building 49 without an appointment (Monday to Thursday from 8:00 to 17:00 and Friday from 8:00 to 15:45, break from 12:00 until 12:45), but in this case you will have to stand in line.

If you want to get an appointment with management (this is only possible on Wednesdays from 09:00 to 16:00, break - from 12:00 to 13:00), you will need to make an appointment either through the Autocode portal or through the terminals located in the MADI building, on the day of reception of citizens from 9:00 am on a first-come, first-served basis.

“>personally at MADI.
By registered letter to the Moscow Administrative Road Inspectorate at the address: 129090, Moscow, Kalanchevskaya street, building 49 (the package of documents includes a complaint, the text of which in free form must be signed by the applicant in his own hand, a copy of both sides of the received fine order, as well as additional materials confirming the groundlessness of the imposed penalty).

“>by post to MADI.

3. How to challenge an AMPP fine?

A fine issued by the State Public Institution “Administrator of the Moscow Parking Space” (AMPP) can be challenged:

Fill out the complaint form, print it, sign it and attach a scanned copy or photograph of it to the online application, as well as copies or photographs of the documents necessary to consider the complaint. Notifications about the status of the complaint consideration and the final decision will be sent to your personal account on mos.ru and by email. An official response on paper will be sent by registered mail to the vehicle owner's registered address. It is sent within three days from the date of the decision.

“>online in the “Services” section on mos.ru;

“>online, using the application form on the Moscow Transport portal;
in person, by contacting the Centers, they operate daily from 08.00 to 20.00 and are located at the following addresses:

• Staraya Basmannaya street, building 20, building 1;
• street 1905, house 25.

You must have with you documents or other evidence confirming the unfoundedness of the fine issued for unpaid parking.

“>one of the centers.
The package of documents must be sent by registered mail to the address: 125040, Moscow, Skakovaya Street, building 19, State Treasury Institution of the City of Moscow “Administrator of the Moscow Parking Space”. The letter must be accompanied by the complaint itself (the complaint must be signed), as well as documents that confirm the reason for challenging the decision.

4. How to challenge a traffic police fine?

A fine issued by a department of the State Traffic Inspectorate can be challenged:

• in person, by contacting the State Traffic Inspectorate unit that issued the administrative violation order;
• A letter of complaint must be sent to the center for automated recording of administrative offenses in the field of traffic of the State Traffic Safety Inspectorate of the Main Directorate of the Ministry of Internal Affairs of Russia for the city of Moscow at the address: 127473, Moscow, Sadovaya-Samotechnaya street, building 1.

5. Is it possible to get a refund for a fine paid by mistake?

If you paid a fine before receiving a decision to cancel it, or paid the same fine twice, you can get your money back. For this you will need:

• application for refund of a paid fine (sample application to the traffic police, sample application to MADI, sample application to the AMPP);
• copy of passport (and original if applying in person);
• bank account details for transfer (return) of paid funds;
• payment documents confirming the transfer of funds, or documents confirming the collection and transfer of funds by bailiffs;
• a copy of the decision to cancel the decision in the case of an administrative offense (if the decision is cancelled);
• if the same administrative fine is paid again (including using other details), a copy of the document indicating the grounds for imposing the administrative fine.

The listed documents must be submitted either to the territorial body of the Ministry of Internal Affairs of Russia, to whose details the payment was credited, or to the City of Moscow, Kalanchevskaya Street, building 49.

“>MADI, or to the City of Moscow, Staraya Basmannaya street, building 20, building 1 or 1905 street, building 25.

You can also get your money back for an erroneously paid fine issued by MADI online by submitting an application through mos.ru.

You can also get your money back for paid evacuation. You can read more about this in the Moscow Transport memo.

How to appeal a traffic police fine from a camera

Fines from video cameras for traffic violations are a common phenomenon in Russia: there are no ideal drivers, traffic police inspectors like to interpret the traffic situation arbitrarily, and the state fights for road safety, while simultaneously replenishing the budget. The fine is disadvantageous only to the driver, and it is up to him to decide whether to pay silently or try to challenge the charge.

As statistics show, most drivers prefer not to get involved in disputes with the State Traffic Inspectorate and pay fines even when there was no violation, or it was recorded with an error. This is understandable: judicial bureaucracy costs a lot of money, it is difficult to prove one’s innocence, and prompt payment of a fine within 20 days gives a 50% discount. That is, it is better to lose a little than to gain nothing.

However, the legislation of the Russian Federation gives motorists a chance to defend their rights and protest an illegal or erroneous fine from video cameras for traffic violations, and this chance can be taken if you know when, how and where to apply.

Fines from traffic police cameras

Video recording cameras are now installed in all cities and in emergency areas in rural areas, forcing drivers to be attentive and careful on the road. This modern, highly sensitive equipment is capable of recording traffic violations with high accuracy, recording the distinctive features of a car and its license plates. To date, cameras record the following violations:

• exceeding the speed limit (with an accuracy of 2 km/h);
• improper parking;
• stopping on the side of the road in unauthorized places;
• driving in dedicated lanes;
• incorrect movement at pedestrian crossings at traffic lights;
• incorrect crossing of the stop line;
• crossing solid median strips and entering oncoming traffic lanes;
• driving with an unfastened seat belt.

Unlike recording traffic violations by a “live” traffic police officer, video recording cameras operate in automatic mode, transmitting video materials directly to TsAFAP (centers for automatic recording of administrative offenses of the traffic police). In the center, the image is processed: the license plate number of the car is scanned, the identity of its owner is established using the State Traffic Inspectorate database, after which the data is checked by the operator, and the violator is given a fine.

Ideally, the system should work error-free, since there is no subjective human factor. In fact, video recording cameras regularly make mistakes, and “chain letters” are very often received by innocent people.

Moreover, if the traffic police inspector is obliged to send a decision to the violator within 3 days from the moment the protocol is drawn up, then notifications from video recording cameras by mail often arrive after 7-15 days, when there is almost no time left to appeal the decision.

If you just don't pay...

The most common mistake that unfairly or erroneously fined drivers make is ignoring the fine. The fact is that the car owner has 60 days to pay the fine (Administrative Code, Article 32.2). During this period, you must either pay a fine or protest it within 10 days from the date of receipt of the decision (Administrative Code, Article 30.3).

If neither one nor the other is done within these 10 days, TsAFAP draws up a second resolution and sends it to the bailiffs for execution. In this case, the amount of the fine is doubled or replaced with 50 hours of compulsory labor (Administrative Code Article 20, Part 1), and if the amount of the first fine exceeds 10,000 rubles, then you will be additionally restricted from leaving the country (Federal Law No. 229, Art. 67).

Therefore, under no circumstances should you leave an unpaid fine unattended - this is fraught with more severe penalties. Challenging a fine will require you to understand and comply with a number of bureaucratic procedures if you expect a positive outcome of the dispute.

When can I challenge a fine from CCTV cameras?

When challenging a fine from video recording cameras, the presumption of innocence does not apply (Administrative Code of the Russian Federation, Article 1.5, Part 3), and you yourself will have to prove that the decision on punishment was made in error. This is difficult to do, but if you are sure that there was no violation, and the result of the video recording is erroneous, then there is a chance to defend your rights. Your allies here will be imperfect video equipment and unsettled legislation.

There are many situations when you can safely appeal a decision made by the traffic police:

• errors in the resolution (someone else's fine);
• your car is technically not capable of reaching the speed that the video camera attributes to it;
• the location of the violation in the photo is indicated incorrectly, or you were not there;
• on the specified section of the road there is no prohibitory sign or no video recording sign (for stationary cameras);
• It was not you who was driving the car at the time of the violation (another driver, or a stolen car);
• the video camera recorded the shadow of the car on the side of the road, and not the car itself;
• the camera incorrectly identified the make and model of the car (auto-double);
• the camera has incorrectly identified the car number or it cannot be read;
• The video recording camera is not certified or the service personnel do not have permits for video recording;
• Several fines were issued for one violation.

Procedure for appealing fines from video cameras

So, you decide to appeal an incorrectly or erroneously issued fine from a video recording camera. By law, you have 10 days to do this from the moment you receive the traffic police decision by mail. What do you need to know and consider?

You should immediately check the deadlines for issuing the document: fines from video recording cameras often arrive late, and you may not have 10 days left to appeal the decision. In this case, there are again two options: either pay (the first 20 days with a 50% discount) or immediately go to court with a petition to restore the statute of limitations for a good reason (the inspectors sent the order late, you were on a business trip, etc.).

After submitting your petition, the court will request from TsAFAP original documents about your violation of traffic rules. Usually, TsAFAP employees cannot provide them - the originals are destroyed after the documents are handed over to the bailiffs, and the court does not accept copies. In this case, in the absence of evidence of a crime, the fine may be cancelled.

If time allows, you need to write a complaint and contact the appropriate authorities.

Making a complaint

There is no single standard form for a complaint, so it is written in free form and is referred to as a “Complaint against a decision on an administrative violation.” The document should indicate:

1. Full name and position of the person to whom the complaint is addressed.
2. Full name, address and contact details of the applicant.
3. Number and date of issue of the fine.
4. A reasoned request to cancel the decision with a description of the reasons.
5. List of attached documents (copy of the resolution, photographic materials, other documents confirming your case).
6. Note: “Please consider without personal participation” (if you cannot be present during the consideration).
7. Signature date.

The reasoning part of the complaint should be described concisely, but logically and accurately, and the package of documents (car documents, factory specifications, photos, etc.) should be as complete as possible. Then your chances of successfully considering the complaint will be significantly higher.

Filing a complaint

A complaint about an unlawfully issued fine from video recording cameras is submitted to the TsAFAP official who issued the resolution, to a senior manager of the traffic police or to the court (Administrative Code, Article 30.2). This can be done in person, by mail with a notification, or through online services.

Consideration of the complaint takes no more than 10 days. Once this is done, the relevant organization will cancel the fine or respond with a reasoned refusal. In this case, you must pay a fine within 30 days or continue the fight - file the same complaint with the court at the place of registration of your traffic police department, and then with the higher courts.

The court has up to 60 days to consider your complaint, and during this period you have the right not to pay a fine. In a judicial complaint, it is necessary to indicate everything listed above, but the list of procedural violations committed during the consideration of the dispute in the traffic police should be clarified.

Filing a complaint via online services

Today, some Internet services allow you to speed up and simplify the process of filing a complaint against a fine issued from video recording cameras.

• You can contact TsAFAP employees through the traffic police website in the “Appeals” or “Fines” section (the “Appeal” button). The complaint must be accompanied by scans of documents and photographs confirming your innocence.
• Car owners registered in Moscow can contact the MADI State Traffic Safety Inspectorate through the Autocode portal.
• Recently, it became possible to appeal fines from video cameras on the State Services portal. After registration, go to the section “Traffic Police Fines” - “Get a service”, indicate the details of your driver’s license and vehicle registration number, or the number of the received resolution. An “Appeal” button will appear at the bottom of the page. Click on it, fill out the form in the window that appears, write the text of the appeal and attach documentary evidence of your innocence and send the document for consideration.

Thus, appealing a fine from video cameras recording traffic violations, although not the easiest way to get rid of an unlawful punishment, is nevertheless effective. You can protect your rights if you follow the instructions set out above, choose the right object of appeal, correctly fill out the complaint and submit it within the deadlines established by law.

You cannot speed up the process of obtaining a result (authorities have 10-60 days to consider complaints), but you can reduce the time for filing a complaint to begin the protest procedure. For this, there are convenient state online services of the State Traffic Safety Inspectorate, MADI and State Services, which allow you not to waste time in queues. The complaint is delivered via the Internet in the shortest possible time.

How to challenge a traffic police fine from a camera

1. Why file a complaint?

Situations when you may need to challenge a chain letter can be very different. The most common reason is an error in the resolution. It's no secret that the photo and video recording system is far from perfect. Drivers often receive fines for violations they did not commit. For example, Russians received tickets for speeds that their car physically could not reach, or because of the shadow of a car that was moving along the side of the road. Although there are other reasons for appealing a fine. Let's say it wasn't you who was driving, or the fine came because of a double car. The only case when we do not recommend complaining is if you actually violated traffic rules.

2. The receipt definitely needs to be appealed. What to do?

First you need to decide who issued the resolution. In everyday life, all fines are called “traffic police fines,” but in fact, another body can issue them. For example, in Moscow, the Moscow Administrative Road Inspectorate (MADI) and the Moscow Parking Space Administrator (AMPP) are responsible for punishing parking violators. Therefore, look at the resolution to see who exactly made it.

3. Found. What's next?

Now you must file the complaint itself. Please note that this must be done within 10 days from the date of receipt of the resolution. The method for filing a complaint depends on the authority that issued the fine. For example, a traffic police fine can be contested on the official website of the State Traffic Inspectorate or in person in the relevant department or higher authority. And, say, a fine for illegal parking issued by MADI in Moscow can be appealed on the Autocode portal, by mail (Moscow, Kalanchevskaya street, 49) or in person. In any case, you need to provide a petition to terminate the case, signed with your own hand, a copy of the decision on both sides, as well as materials confirming your case - for example, photo and video materials, receipts, screenshots, copies of the receipt for payment of the resident permit, etc. The more of the latter, the better. After filing a complaint, you should be given an official response indicating whether it was approved or rejected.

4. My complaint was rejected. Everything is lost?

No, everything is just beginning. Unfortunately, local authorities are in no hurry to cancel fines, even when they are issued with obvious violations. Therefore, the next step in the appeal procedure is to go to court, namely, to the district court of the area where your car was recorded. The documents for the appeal remain the same, plus the text of the complaint is attached to them (samples of it can be found on the Internet). You can submit a complaint either in person or by sending a registered letter with a list of attachments.

5. The trial took place, but they still consider me guilty. That's it?

It's too early to give up. You can file a complaint against the decision of the district court to a higher authority, that is, to the court of a constituent entity of the federation (for example, the Moscow City Court). There you will again need to present the available arguments in favor of your innocence, supporting them with available documents. Please note that appealing is a slow process. From the moment you receive the decision to the consideration of the case in a regional court, six months can easily pass. If you still fail, then you can file a complaint with the presidium of the court. If you are refused there, there is still one more option - to complain to the Supreme Court of the Russian Federation. This is the highest judicial body, but there is no need to be surprised. Often, drivers were able to achieve justice only there.

6. Maybe it would be easier to pay the fine right away?

Unfortunately, this is often the case. Appealing chain letters in Russia is not an easy process and requires not only moral stability, but often also money. After all, you need to send documents, appear at court hearings (sometimes even in another region) and waste time. Therefore, it is often really easier to pay a fine, even if you definitely did not violate anything. In addition, in most cases there is a 50% discount on fines if paid within 20 days from the date of the decision. Let's say, by paying 400 rubles instead of 800, you will lose much less effort, nerves and even money than if you spend it on appealing a fine. On the other hand, by paying an unfair ticket, you encourage a system in which fines do not serve to punish the guilty, but act as a kind of tax. Therefore, defending one’s rights in the courts should be considered not only from the point of view of benefits, but also as a fundamental struggle for building a fair society and the rule of law.

7. What else can you do?

In addition to complaints, there is another good way to attract attention to your problem - the media. Oddly enough, officials do not like it when the activities of their department are covered in a negative way. Therefore, if you receive a truly absurd receipt, it makes sense to tell journalists and social networks about it. For example, the fine for a shadow moving along the side of the road was canceled after there was a wave of publications in publications, and millions of readers learned about the decision. Therefore, fame in this case is your advantage, and even a small publication can play a role. In any case, we wish you good luck in appealing unfair decisions.

How to write a complaint about a traffic police fine from a camera - video recording resolution

Any experienced driver has probably at least once in his life encountered a situation where he was issued a fine. And the driver does not always agree with its legality. Some citizens are silently indignant, complying with the demands of law enforcement agencies, while others still try to defend their rights. Let's look at how to appeal a traffic police fine from a camera, sample complaints, and what possible consequences are there if you ignore such demands from law enforcement officers.

Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your specific problem, please contact the online consultant form on the right →

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If you want to find out how to solve your particular problem, call us by phone. It's fast and free!

Right to appeal

In case of violation of traffic rules, the document is issued by the court or the traffic police. For example, in the capital, MADI records similar offenses. After receiving the decision, everyone has the right to choose their own course of action: accept what is written and pay the fine, or appeal the decisions. It is clear that if a violation of standards is obvious, there is no point in doing it. Let's consider when it is possible and how to file a complaint against a traffic police decision.

Violations recorded by cameras

It's no secret that many roads have cameras installed to detect violations on the road. Today they record the following points:

• travel in lanes designated for public transport;
• exceeding the maximum speed limit on a given section of the road;
• parking in the wrong place;
• driving at a red traffic light;
• driving into oncoming traffic;
• creating an emergency situation, etc.

The essence of the camera's operation is that it records an offense and then sends the image to the processing center. Here, an automated database reads the license plate number of the car, determines its owner and generates a resolution. After all, all information is checked manually. Challenging a traffic police fine is possible when the system has failed or an officer has made some mistake, which is also possible.

Who can appeal the decision and in what cases?

No one wants to pay a fine from a camera if they were issued an unfair penalty. Such situations may occur when:

• there was a technical error in the equipment;
• when the act was recorded, another driver was driving the car;
• the car has been sold to another owner, but has not yet been registered;
• It is impossible to determine the vehicle number from the photo;
• several orders were issued for one violation;
• principled defense of one’s position and more.

Deadlines for appeal

According to the norms of administrative legislation, you can write a complaint within 10 days from the date of the decision. You can apply for an extension of this period only if there are some valid reasons. Otherwise, if you miss it, you will have to pay a fine.

Complaint against the decision

Having received, in the opinion of the owner of the car, an unlawful decision on an administrative offense, the question becomes how to correctly write a corresponding statement about it and where to take it. The regulations do not establish a mandatory form of the document; the main thing is that it clearly states the essence, and also sends it to the right addressee.

What should it contain?

A complaint to the court or to the traffic police about a fine must contain the following information:

• the addressee to whom the paper is served;
• information about the applicant, and when submitting documents not in person, about his representative;
• Name;
• the circumstances of the case, who issued the decree and when, why you disagree with it, how everything actually happened;
• requirements for the authority (cancel the decision, terminate the proceedings);
• date and signature.

If there is any evidence, it must be attached to the complaint.

What arguments can be used

To refute the results of video cameras, you can use one of the following arguments:

• there is no evidence of an offense due to which the decision is unfounded;
• the information specified in the resolution does not correspond to reality;
• misinterpretation of the standard;
• the evidence presented in defense of the driver was not taken into account.

Where to file a complaint

Where to file a complaint against a decision will depend on which authority issued it. Thus, the traffic police inspector’s paper can be challenged by a higher official or in court. Judicial documentation can only be appealed in court. In this case, the application can be submitted in person or sent by mail with acknowledgment of receipt.

When determining how to write an appeal to the inspectorate, it is worth noting that here the complaint will be considered much faster than initiating legal proceedings. Applications of the following nature are often sent here:

1. The car was sold, but fines continue to be received in the name of the old owner.
2. The document contains technical errors. For example, the license plate information is incorrect, the photo is not your car, etc.
3. The camera reacted to extraneous factors, recording an offense that the driver did not commit. For example, a car itself crossed a solid marking line, and its shadow, or the speed of a motorcycle passing nearby, was exceeded.
4. I had to drive through a red traffic light on the instructions of the traffic controller.
5. The car was stopped by a traffic police officer in a place where it was forbidden to stop.

As a rule, more complex cases are sent to court, for example, when there have been violations of a procedural nature. In such circumstances, it is necessary to indicate which norm of the law was applied incorrectly, what the illegal actions of the traffic police officer were, etc.

Speaking about the territorial jurisdiction of the case, the application must be submitted at the place where the disputed offense was committed. If the decision was made by a magistrate, at the end of the document the court to which you can appeal to appeal will be indicated.

Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your specific problem, please contact the online consultant form on the right →

It's fast and free! Or call us by phone (24/7):

If you want to find out how to solve your particular problem, call us by phone. It's fast and free!

Samples of complaints against decisions

As already mentioned, there is no single form for writing a complaint. Its essence will depend on the circumstances of the case. Let's look at the most common of them.

I sold the car, but the fines come in my name

It often happens that a person has already sold a vehicle, but all the documentation has not yet been brought into compliance. In particular, the car was not registered, which would include information about the new owner. Among the evidence of innocence in this case will be the purchase and sale agreement.

In this case, how to write a complaint against the traffic police decision on video recording, a sample is presented below.

Download a sample complaint against the decision of the Video Recording Center (.doc)

Traffic police officers committed violations in the procedure for bringing to justice

If law enforcement officials have committed violations of the law, this is a reason to file a complaint against them in court. Check out a visual example of this document.

Download a sample complaint against a decision in a case of administrative violation (.doc)

The photo is not my car - the camera mistakenly read the state license. car number

Data from the video recording center comes automatically. At the same time, no one checks the availability of documents confirming the correctness of the recorded information. Therefore, it often happens when a person receives a decision, but the car number on the photograph does not at all coincide with what he actually has.

Find out what type of complaint can be written in this case.

Download a sample complaint against an administrative decision (.doc)

I paid for parking, but still received a fine - appealing the fine of the State Property Committee of the AMPP

Paid parking is not new to modern society. Those who ignore this rule may receive a fine. However, there are situations when everything was paid as required, but an administrative sanction was still imposed. Check out what a sample complaint against a traffic police decision looks like in such circumstances.

Download a sample complaint against a decision in an administrative case (.doc)

Parked under a sign indicating the sign's validity period

In the pursuit of identifying malicious traffic rule violators, the system itself often fails. For example, when signs are installed that allow parking only at certain times. A visual complaint against the traffic police resolution, video recording if it indicates a violation of the sign, is presented below.

Download a sample complaint against a decision on an administrative offense (.doc)

If you ignore the order and do not pay the fine

Payment of a traffic police fine should not be ignored in any case, even if you believe that it was imposed unfairly. The accumulation of such sanctions will not lead to anything good, and hoping that they will simply “burn out” on their own is unreasonable. In addition, administrative legislation provides for liability for evasion of a fine. It also represents a fine, but in double the amount, or the assignment of community service for up to 50 hours.

If there are unpaid fines in the amount of more than 10 thousand rubles, a punishment may be imposed for this in the form of establishing a temporary restriction on traveling outside the country.

Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your specific problem, please contact the online consultant form on the right →

It's fast and free! Or call us by phone (24/7):

If you want to find out how to solve your particular problem, call us by phone. It's fast and free!

Arbitrage practice

Making a decision in favor of the driver is a very common practice if there is evidence that he is right.

Conclusion

The law of the Russian Federation provides for the right of every citizen to appeal a decision made against him. If the fine imposed is illegal, you should not leave everything as it is. It can be challenged by contacting the traffic police or the court. Judicial practice in such cases indicates that if the driver did not actually violate traffic rules, the authorized body will take his side. Under no circumstances should you let things take their course and simply ignore the instructions! This can lead to even greater negative consequences.

Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your particular problem, please contact the online consultant form.

It's fast and free! Or call us by phone (24/7):

If you want to find out how to solve your particular problem, call us by phone. It's fast and free!