Appealing a traffic police fine

Appeal a traffic police fine

The procedure for appealing a traffic police fine has become much simpler than in previous years. To do this, you don’t need to travel anywhere, wasting your personal time and nerves. Now, in order to challenge an unlawful fine, you just need to correctly file a claim and present it where it should be.

Challenging a car fine cannot lead the applicant to any obligations, even if the sanction is not cancelled: the Code of Administrative Offenses introduces a ban on imposing a penalty that worsens the situation of the applicant (clause 2, part 1, article 30.7).

Appealing a traffic police fine - step-by-step instructions with examples

What you need to have to appeal

Ballpoint pen
Paper
One postal envelope
Money in the amount of fifty rubles to send a letter

Main reasons for appeal

The most important thing is to be able to determine the motive for the appeal. It is necessary to understand: for what reason is the car owner inclined to believe that the imposition of a fine is unfair?

Article No. 24.5 of the Code of Administrative Offenses regulates the grounds for appealing the illegality of fines:

If there is strong evidence that the offense for which a fine was imposed did not occur at all (Article 1.5 of the Administrative Code). Practice shows that the court, as a rule, refuses to satisfy the complaint only on the grounds that it has no reason not to trust the traffic police officer who issued the fine.
If there is no corpus delicti. For example, if a car enthusiast went to a car service center to fix broken low-beam headlights. Then copies of the identity card and certificate received at the car service are attached to the complaint.
If the violation was inevitable and necessary (Article 2.7 of the Administrative Code). For example, entering the oncoming lane through a solid line in order to avoid hitting a pedestrian who suddenly appears on the road. Such an action will be considered an extreme necessity.
If the law loses its force, or in a situation where it is changed in defense of the violator (Part 2, Article 1.7 of the Administrative Code).
If a repeated fine comes for the same violation (Part 2, Article 4.1 of the Code of Administrative Offences, Part 2, Article 4.4 of the Code of Administrative Offenses). For example, an inspector fined a driver for speeding. At the same time, the same violation is recorded by the camera and an automatically generated resolution is sent.
If there was a violation of procedural actions. For example, a fine for tinting without taking measurements in front of witnesses is illegal. The same as the process of testing for alcohol without the presence of witnesses.
It is impossible to determine license plate numbers from the attached photo (if the violation was recorded by a camera).
The speed recorded by the camera exceeds the technical capabilities of the vehicle.
In the area where the violation was recorded, no prohibitory sign was installed or its effect ended before the place where the car was filmed. For example, a fine was issued for illegal parking, but there is no sign “Parking prohibited” on a section of the road and this can be proven.
It was not the car owner who was driving at the time of the violation. The owner is released from liability if he confirms that at the time of filming the car was stolen or was used/owned by another person (Article 2.6.1 of the Administrative Code). Find out why selling a car by proxy is risky.

The Code of Administrative Offenses provides a kind of “fork”: this is a punishment, either in the form of a warning or in the form of a traffic police fine. Additionally, a “fork” is provided in the amount of the fine or fine with deprivation of rights. If this occurs, then you should ask to appeal the fine in order to reclassify the punishment to a more lenient one. Therefore, it is necessary to understand the presence of circumstances that contribute to mitigation (Article 4.2 of the Code of Administrative Offenses) and aggravating circumstances (Article 4.3 of the Code of Administrative Offenses).

“Anatomy” of a complaint: how and what to write about (examples of complaints)

Let's move on to writing the text of the complaint. The text should be simple, intelligible and uncomplicated in presentation. We provide a sample application in a summary version.

Addressee of the application:
First of all, a “header” is drawn up. The information is indicated: where (the official designation of the government agency) and from whom (full name, registration and contact information).
Next, you need to describe the circumstances of the fine, indicating its number.
Descriptive - motivational part:
The following is the most basic information: it is necessary to state the reason for canceling the fine or its reclassification into a lighter penalty.
Resolution part:
Then you should put forward a request: do you want to completely cancel the fine, or do you just want to mitigate it; or are willing to give the reviewing official the right to choose.
At the end, a signature is affixed with the date the complaint was filed.

When indicating reasons for canceling a fine, it is necessary to provide a large amount of evidence in defense of your personal point of view. If there are two or three reasons at once, then use them all.

Download samples of complaints for cancellation and mitigation of fines:

Ready complaint: where and how do we send it?

There are two ways:

At the traffic police department: directly to the address of the management of the department that issued the sanction.
In the district branch of the judicial authority in the place where the traffic rules were violated (we find out the city and region of the violation, and that’s where we file the complaint).

According to existing practice, it is much more reliable to file a complaint not with the traffic police, but directly with the judicial authority. The judge considers the case, starting from the very beginning, carefully listens to the arguments of both sides, and not just the traffic police inspectors.

An important advantage of the court over the traffic police is that the court considers the complaint in the presence of the car owner, unlike the traffic police.

Pay attention to the first digits of the resolution number:

All regions

188— in all regions means that the fine was received from the State Traffic Inspectorate. The application for appeal must be submitted in person or sent by registered mail to the department of the State Traffic Inspectorate indicated in the decision-receipt.

780 or 03554310 - fine for unpaid parking of the State Public Institution of the AMPP (Article 8.14.2 of the Code of Administrative Offenses of Moscow). An appeal can be sent through the form on avtokod.mos.ru or you can submit an application in person to the following addresses:

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

782 or 03560430 - fine for incorrect parking at MADI (Article 12.16.5 of the Code of Administrative Offenses of the Russian Federation). An appeal can be sent through the form at avtokod.mos.ru. To submit an application in person, please contact Moscow, st. Kalanchevskaya, 49.

Republic of Tatarstan

031 — fines of the MKU “Department of Administrative and Technical Inspection of the Executive Committee of Kazan” (Article 3.16 of the Law of the Republic of Tatarstan dated December 19, 2006 No. 80-ZRT “Code of the Republic of Tatarstan on Administrative Offences”).

You can get information about appealing on the Kazan city portal

Republic of Udmurtia

00002192 — a fine for illegal parking in the city of Izhevsk (Part 3 of Article 19 of the Law of the Udmurt Republic of October 13, 2011 No. 57-RZ “On establishing administrative liability for certain types of offenses”). You can obtain information about the appeal on the portal of the Izhevsk city administration and by calling +7 (3412) 41-43-15

Tver region

032127130469 — fine for illegal parking in Tver (Article 34.1 of the Tver Region Law of July 14, 2003 No. 46-30 “On Administrative Offences”). You can get information about appealing at the single contact center of the Tver Parking Space

03489488 — fines from the State Technical Supervision Authority of the Tver Region (Article 9.3, Part 1, Article 19.22, Article 8.22, Article 8.23, Part 1,2 Part 12.37 of the Code of Administrative Offenses of the Russian Federation). You can obtain information about the appeal on the portal of the Gostekhnadzor of the Tver Region and by phone + 7 (4822) 32-71-19

Belgorod region

031488980431 — fines for unpaid parking in the Belgorod region. Information about the appeal on the website of the Belgorod parking space

0315163631999 — a fine for violating the operating standards of tractors, self-propelled road construction and other machines and equipment. Information about appealing on the website of the State Technical Supervision Inspectorate of the Belgorod Region

Kaluga region

03887806 — fine for parking in paid parking areas. Information about the appeal on the Kaluga Parking Space website.

Perm region

041112870459— fine for unpaid parking in the city of Perm. Information about appealing on the Perm Parking Space website.

Tyumen region

03198699 — fine for unpaid parking in the city of Tyumen. Information about the appeal on the website of the Tyumen Parking Space.

Ryazan Oblast

04114594 — fine for unpaid parking in the city of Ryazan. Information about the appeal on the Ryazan Parking Space website.

Krasnoyarsk region

central District

03186998 — fine for unpaid parking. You can appeal the fine in the Central Court of the city of Krasnoyarsk. For additional information, please contact the Administrative Commission of the Central District of Krasnoyarsk.

Zheleznodorozhny district

02102442 — fine for unpaid parking. You can appeal the fine in the Railway Court of the city of Krasnoyarsk. For additional information, please contact the Administrative Commission of the Zheleznodorozhny District of Krasnoyarsk.

There are three ways to file a complaint:

Via email
Personally in hands"
Using the Internet

With the first method everything is clear. We fill out the text of the complaint and send it to the required address. There is no need to worry even if the complaint is sent to the wrong place by mistake. The traffic police or the court are obliged to redirect the complaint to the correct address within three days (Part 4, Article 30.2 of the Administrative Code). The penalty should be appealed at the place of the offense. This means the following: if the applicant lives in St. Petersburg, but violated traffic rules in Moscow, then the complaint should be sent specifically to the Moscow authorities that have the right to consider such claims.

You can appeal a fine “online” through the “Public Services” website, for which you will need:

visit the “Auto Fines” section;
enter information about the driver's license number and car;
after information about the fine appears, enter the number of the fine receipt;
The “Appeal” button will appear. You need to activate it, fill out the form and attach scans of documents proving your innocence.

Popular fines and grounds for appealing them: information table

We propose to consider the grounds used for appeals, with the subsequent abolition of traffic police penalties:

How to check, pay and challenge traffic fines

1. How to check traffic police fines?

You can check fines issued by the traffic police:

on the portal mos.ru;
on the government services portal;
on the website of the State Traffic Inspectorate.
via a free SMS message to number 7377 with the text: “fine Series STS Number” (for example: “fine 77а123456”) or with the text: “fine Series Driver’s License Number” (for example: “fine 77а123456”).

2. How to check fines for illegal parking?

Fines for illegal parking can be issued not only by the State Traffic Inspectorate (STSI), but also by the State Institution “Administrator of the Moscow Parking Space” (AMPP) and the Moscow Administrative Road Inspectorate (MADI).

3. How to pay traffic fines?

You can pay traffic fines:

on the portal mos.ru;
on the government services portal;
on the website of the State Traffic Inspectorate;
offline, at a bank branch or through a payment terminal (you will need a copy of the traffic violation protocol with the specified bank details for payment).

Please note that if you want to pay a fine through a bank branch, you only need to contact banks registered in the State Information System on State and Municipal Payments (GIS GMP). A list of credit institutions can be found on the Federal Treasury website. It is located in the section “List of credit institutions that have provided connection to the GIS GMP”.

4. How to pay a fine with a 50% discount?

From January 1, 2016, if you pay a fine for violating traffic rules within If a copy of the resolution imposing an administrative fine arrived at your address after 20 days from the date of its issuance, you can restore the specified period by filing a petition with the traffic police or MADI .

“>20 days after the decision is made, you can only pay 50% of the amount issued. However, keep in mind that the discount does not apply to fines for:

driving a vehicle by a driver who is intoxicated, unless such action constitutes a criminal offense;
transferring control of a vehicle to a person who is intoxicated;
driving a vehicle by a driver who is intoxicated and does not have the right to drive vehicles or is deprived of the right to drive vehicles, unless such action contains a criminal offense;
violation of traffic rules or rules of operation of a vehicle, resulting in minor harm to the health of the victim;
violation of traffic rules or rules of operation of a vehicle, resulting in the infliction of moderate harm to the health of the victim;
failure by the driver of a vehicle to comply with the legal requirement of an authorized official to undergo a medical examination for intoxication, if such action (inaction) does not contain a criminal offense;
failure by the driver of a vehicle who does not have the right to drive vehicles or has been deprived of the right to drive vehicles to comply with the legal requirement of an authorized official to undergo a medical examination for intoxication, if such an action (inaction) does not contain a criminal offense;
failure to comply with the requirement of traffic rules to prohibit the driver from consuming alcoholic beverages, narcotic or psychotropic substances after a traffic accident in which he is involved, or after the vehicle was stopped at the request of a police officer, until an examination by an authorized official is carried out in order to establish state of intoxication or until an authorized official makes a decision to exempt from such an examination.

Also, the discount does not apply in case of repeated commission of administrative offenses such as:

driving a vehicle that is not registered in accordance with the established procedure;
exceeding the established speed of the vehicle by more than 40, but not more than 60 kilometers per hour;
exceeding the established speed of the vehicle by more than 60, but not more than 80 kilometers per hour;
exceeding the established speed of the vehicle by more than 80 kilometers per hour;
driving through a prohibiting traffic light or a traffic controller's prohibiting gesture;
leaving in violation of traffic rules on a lane intended for oncoming traffic, or on tram tracks in the opposite direction;
driving in the opposite direction on a one-way road.

“>not for all types of fines.

Appealing a traffic police fine, sample complaints

Right to appeal. Where to appeal the decision

A decision for violating traffic rules can be appealed in various situations:

technical camera error;
principled defense of one’s position in relations with the traffic police;
at the time the violation was recorded, another person (your relative or friend) was driving the car;
the car was sold under a purchase and sale agreement, but was not registered with the traffic police - fines from the new owner come to your name;
and others.

A decision for violation of traffic rules (traffic rules) is made by the court or the traffic police.
For violations of the rules of stopping and parking in Moscow, decisions are issued by the Moscow Administrative Road Inspectorate (MADI), for violations of the rules of paid parking in Moscow - by the State Budgetary Inspectorate of the AMPP. The court makes decisions on such violations as:

illegal installation of “flashing lights”, “quacks” and strobe lights on a car;
driving a car without a driver's license (driving license);
driving while intoxicated;
repeatedly exceeding the permissible speed by more than 60 km/h;
repeated violation of the rules for crossing railway tracks;
repeated entry into oncoming traffic;
if the violation of traffic rules resulted in harm to health of mild or moderate severity;
failure of the driver to undergo a medical examination for intoxication.

Also, if arrest is provided as a punishment, the “administrative charge” is considered by the court.

Decisions made by courts can only be appealed in court. Decisions made by the traffic police can be appealed either to the district (city) court or to a higher traffic police official.

Article 30.1.
Code of Administrative Offenses of the Russian Federation. The right to appeal a decision in a case of an administrative offense. 1. A decision in a case of an administrative offense may be appealed by the persons specified in Articles 25.1 - 25.5.1 of the Code of Administrative Offenses of the Russian Federation:

rendered by a judge - to a higher court;
issued by a collegial body - to the district court at the location of the collegial body;
issued by an official - to a higher body, a higher official or to the district court at the place of consideration of the case;
issued by another body created in accordance with the law of a constituent entity of the Russian Federation - to the district court at the place of consideration of the case.

1.1.
A decision in a case of an administrative offense made by a judge may also be appealed to a higher court by an official authorized in accordance with Article 28.3 of the Code to draw up a protocol on an administrative offense. 2. If a complaint against a decision in a case of an administrative offense has been received by the court and a higher authority, a higher official, the complaint is considered by the court. Based on the results of consideration of the complaint, a decision is made.

Time limits for appealing a fine (restoring the time limit for appealing)

Article 30.3. Code of Administrative Offenses of the Russian Federation. Time limit for appealing a decision in a case of an administrative offense.

1. 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.
2. If the deadline provided for in Part 1 of this article is missed, the specified period, at the request of the person filing the complaint, may be restored by a judge or official authorized to consider the complaint.

In other words, you have 10 days to appeal. The countdown begins from the moment you receive a letter with a resolution in the mail or a copy of the resolution at the traffic police.

What to do if you missed the 10 days allotted for appeal? In this case, you can restore this deadline, but only if it was missed for a good reason.

Valid reasons for missing the appeal deadline may include, in particular: serious illness, helpless condition, illiteracy and other circumstances related to the personality of the person filing the complaint.

If the deadline for appealing the fine has expired and the decision is not appealed, then it enters into legal force.

Article 31.1. Code of Administrative Offenses of the Russian Federation. Entry of a decision in a case of an administrative offense into legal force.

A decision in a case of an administrative offense comes into force:
1) after the expiration of the period established for appealing a decision in a case of an administrative offense, if the said decision has not been appealed or protested;
2) after the expiration of the period established for appealing a decision on a complaint, protest, if the said decision has not been appealed or protested, except in cases where the decision cancels the decision;
3) immediately after making a non-appealable decision on a complaint or protest, except in cases where the decision cancels the decision.

What should a complaint against a decision contain?

Addressee of the application.
You must indicate the name of the court or territorial traffic police office to which the complaint is being sent. Information about the applicant (i.e., your data) and representative (if available) is also indicated here: full name, residential address, contact phone number.
Title of the document.
Complaint against a decision in a case of an administrative offense.
Descriptive and motivational part.
Here you need to briefly outline the circumstances of the incident.
Indicate the number and date of the resolution, full name. and the position of the traffic police inspector (or judge - if the court decision is being appealed), who brought you to justice, article of the Code of Administrative Offenses of the Russian Federation. In this part it is also necessary to describe your position, the reasons why you consider the decision to be unlawful. Provide references to legal provisions to support your position.
Resolution part.
In this part, you must indicate what you are asking the court (or a higher traffic police body), namely: to cancel the decision (number, date) and terminate the proceedings.
Application.
List the documents attached to the complaint, indicate the number of sheets in the documents.
Signature and date of writing the application.

What arguments can be used

Each situation is individual. Below are common examples that you can use in your application:

The decision made is unfounded, and the offense has not been proven.
The conclusions indicated in the resolution do not correspond to the real circumstances of the incident.
Incorrect application of the law (misinterpretation).
Failure to take into account evidence provided by the applicant in his defense.

Which fines are better to challenge in court and which ones in the traffic police?

If the decision was made by a traffic police inspector, then it can be appealed both in court and to a higher official of the State Traffic Inspectorate. So, where to write a complaint to resolve the issue faster and fairly?

Practice shows that the bulk of appeals are sent to the courts, since it is the court that has no interest in the final decision, and accordingly will consider the case materials in more detail and more objectively.

Article 30.5. Code of Administrative Offenses of the Russian Federation. Time limits for consideration of a complaint against a decision in a case of an administrative offense.

1. A complaint against a decision in a case of an administrative offense is subject to consideration within ten days from the date of its receipt, along with all materials of the case, by the body or official authorized to consider the complaint.
1.1. A complaint against a decision in a case of an administrative offense is subject to consideration within two months from the date of its receipt, along with all the materials of the case, by the court competent to consider the complaint.

Thus, a complaint sent to the traffic police will be considered much faster. Therefore, it makes no sense to send appeals to the courts, according to which you are clearly recognized as right.

Which complaints are easier to send to the traffic police?

if you sold a car, and you still receive fines: in this situation, you need to appeal the received decisions and contact the REO with an application to terminate the registration of the vehicle in connection with its sale;
if there are technical errors in the resolution: the state was erroneously determined. car number, if it is not your car that is captured on the photographic materials;
if the camera reacted to foreign objects, and you were the intruder (the shadow of a car crossed a solid line of road markings, a motorcycle passed by in excess of the speed limit, etc.);
if you were forced to drive through a red traffic light at the direction of a traffic controller;
if you are stopped by a traffic police officer in a place where this is prohibited.

That is, everything that is obvious to a person, but not obvious to a camera. And also cases when you sold your car, and the buyer, in violation of the law, did not re-register it in his name within 10 days.

What complaints should be sent to court?

Controversial situations in which the traffic police take the side of the “accuser”, when in order to make a legal decision it is necessary to consider the totality of facts confirming your case.
When during administrative proceedings:
- procedural violations were committed in the case;
— incorrect application of the law;
— unlawful actions were committed by employees of the State Traffic Inspectorate.

Complaints against decisions on administrative offenses in the field of road traffic are sent to the court at the district (city) level and are not subject to state duty.

Judicial practice (examples when the courts sided with drivers)

Appeal of a violation due to the fact that the driver was not the owner (organization), but another person (driver) - the complaint was satisfied (Decision in case 12-378/2016);
Appeal against speeding, due to the fact that the car was not in the possession of the owner (spouse), but of another person (spouse) - the complaint was satisfied (Decision in case 12-394/2016);
Appeal against deprivation of the right to drive for leaving the scene of an accident - the complaint was left unsatisfied (Decision in case 12-88/2016);
Appeal against the decision for driving while intoxicated - the complaint was satisfied (Decision in case 12-289/2016);
Appeal of the decision in connection with a violation of the right to defense - the complaint was satisfied (Decision in case 12-403/2016);
Reinstatement of the appeal period - the complaint is satisfied (Decision in case 12-305/2016);

Samples of complaints against decisions

sold the car, but fines come to me (download);
traffic police officers committed violations of the procedure for bringing to justice (download);
I received a fine, but it’s not my car in the photo - the camera mistakenly read the state license. car number (download);
paid for parking, and was issued a fine - appealing the fine of the State Property Committee of the State Property Committee (download);
parked the car under a sign indicating the expiration date of the sign (download);

Online appeal

Appeals to AMPP (Moscow Parking)
On this page you can send a complaint (appeal) to the State Public Institution "AMPP" regarding regulations for violations of the procedure for paying for parking in Moscow . The numbers of decisions that can be appealed here begin with 780 or 03554310 .

State Public Institution “Administrator of the Moscow Parking Space” (AMPP)
Actual address:
Moscow, st. Staraya Basmannaya, building 20, building 1 (metro: Baumanskaya, Krasnye Vorota, Kurskaya ring)

Phones:
+7 (495) 539-54-54 - Unified contact center
3210 - Short number of the Moscow Transport contact center, for calls from mobile phones (Beeline, MTS, Megafon)

Appeals to MADI (Moscow Administrative Road Inspectorate)
Here you can leave an appeal about disagreement with the decision (appeal it), notify about payment of the fine, request a copy of the decision, return an erroneously paid fine. The numbers of decisions by which an appeal can be sent begin with 782 or 03560430 .

Moscow Administrative Road Inspectorate (MADI)
Actual address:
Moscow, st. Kalanchevskaya, 49 (metro: Prospekt Mira, Komsomolskaya)

Phone:
+7 (495) 540-76-56 - Single multi-channel number

Appeals to the State Traffic Safety Inspectorate (State Traffic Inspectorate)
ATTENTION: it is not possible to appeal the decisions of the State Traffic Safety Inspectorate through the online application form. Appeals received by the traffic police through this form are considered in accordance with the Federal Law of May 2, 2006 59-FZ “On the procedure for considering appeals from citizens of the Russian Federation.” The period for consideration of such requests is 1 month.

To appeal decisions, you must submit a written application to the territorial traffic police department.
The numbers of traffic police regulations start with 188 .

Need help filing a complaint?

Contact our specialists in the “Traffic Lawyer” section through the “order a document” or “ask a question” form. We will promptly consider your question and prepare a complaint against the decision to the court or the traffic police.

To appeal fines in a timely manner, you need to know about them. Subscribe to notifications about new fines (STSI, MADI, AMPP) on the Online State Traffic Safety Inspectorate, pay them on time or appeal them.

Article published date: September 29, 2016
Last modified: July 13, 2018

How to appeal a traffic police fine from a camera through State Services? Sample complaint and step-by-step instructions

Today, almost all highways have surveillance cameras. Thanks to the abundance of special equipment used by the traffic police, it is possible to identify a large number of offenses on Russian roads. However, even the most modern technology fails from time to time.

The result of this is that drivers receive erroneous decisions and fines from the traffic police. The purpose of this article is to tell you what to do in cases where you need to prove your innocence.

Features of fines from CCTV cameras

Fines identified through surveillance cameras differ in two ways:

The offense and subsequent consideration take place without the participation of the driver, as evidenced by the absence of a protocol in the case of bringing to administrative responsibility.
Until the contrary is proven, the person held accountable is considered guilty. This means that the presumption of innocence does not apply to this situation. To appeal an imposed penalty, the provision of verified evidence and logical explanations is required.

In general, resolving a conflict situation with the traffic police that arose due to prosecution is no different from a dispute with any government body:

a complaint is filed with the traffic police or in court (at the discretion of the applicant) about unauthorized bringing to administrative liability;
a representative of a state body, on the basis of a complaint, initiates proceedings;
interested parties are invited to study all aspects of the case;
the applicant, like the inspector who made the controversial decision, has the right to request that the case be considered without his direct participation;
The judge's verdict may cancel the traffic police decision, but the possibility of leaving it in force is not excluded.

Most often, the consideration of such a case takes from two to three months.

How long can it take to be held accountable?

A driver who is absolutely confident of his innocence, after receiving a notice of a fine imposed by the traffic police received from a camera, can appeal it through the State Services portal. At the same time, he must remember that there are time restrictions.

There are also restrictions for the traffic police side. The document notifying the imposition of punishment must be delivered to the offender no later than two months from the date of the violation. If the notification arrives later, this may be regarded as a violation of the period during which the driver can be held accountable. This means you have the right to challenge the claim sent by the traffic police.

To prove that he is right, the driver is recommended to save the data on the car DVR. After all, they can serve as significant evidence if the need arises. It is advisable to have them on hand for at least three months.

What causes errors?

The primary source of the recorded violation is a camera on the road. Information from it is sent to TsAFAP. The image displayed on the computer monitor allows you to read the license plates of the car. Its owner makes his way through the database. After this, a resolution is drawn up. Next, the received information is processed manually:

The operator determines whether a license plate can be recognized in a specific photo.
He also checks whether the car shown in the photo matches the model assigned to the recipient of the fine notice.
The inspector signs and sends the issued order to the address of the violator.

When does it make sense to appeal a fine?

Statistics on litigation of disputes with the traffic police do not speak in favor of car owners. An elementary analysis of the verdicts allows us to conclude that the reason for this is that the ministers had no doubts about the reliability of the testimony received from the recording devices.

However, there are five reasons to hope for a favorable outcome of the proceedings:

The person was no longer the driver of the car at the time the offense was recorded. This can happen for various reasons:

the car was sold;
the car was transferred to another driver;
the vehicle was stolen.

The vehicle shown in the photo belongs to someone else.
The restriction specified in the comments does not apply to a fixed vehicle.
The recording data either does not allow us to determine the location of the violation or is indicated incorrectly.
There are contradictions between the results shown by the recording means and those of the satellite surveillance system. Provided that the car is equipped with one.

How can a decision on a fine be appealed on the State Services portal?

You can file an appeal with the traffic police department that made the decision, or with the court of the district used to install the camera.

Appeal a traffic police fine from a camera through State Services - step-by-step instructions

The procedure is as follows:

On the main page of the public services portal www.gosuslugi.ru , if necessary, a new user is registered, after which he logs into the State Services personal account.
Enter the phrase “traffic police fines” into the search bar.
Follows the link that opens.
To access information about fines and fill out an application, click on the “Get service” button.
In a new window, enter data from the driver’s license and vehicle technical passport.
A “Appeal” button will appear at the bottom of the page, which you must click.
The text of the appeal is entered with the obligatory completion of all fields.
Evidence is being loaded on the basis of which the legality of imposing a fine is contested. You can use screenshots taken from the recorder as these.
The application is sent to its destination.

Conclusion

There is no need to rush to pay the receipt, because this can be done within two months. First, you should weigh the reality of your ability to prove the injustice of the imposed penalty. But we must not forget about the ten days during which the fine can be challenged.

How to appeal fines correctly - 6 tips from a lawyer

Tip 1. Track the “chain letter” by tracking number

By law, you have 10 days to appeal the fine (Article 30.3 of the Code of Administrative Offenses of the Russian Federation). This period will be calculated from the moment the driver receives the decision. If the traffic police inspector brought it out and handed you a copy on the spot, then there are no problems - you can already start coming up with the text of the complaint. But in the case when a letter of happiness arrives by registered mail, it is easy to get confused about how much time is left.

Of course, you can find out information about your fines through special applications. But where is the guarantee that the latest data is published there? It is much more reliable, according to experts, to track a letter using a special tracker - an identification code that consists of 14 digits ( for shipments within Russia - Ed . ). You can find it in the notice of registered letter. Tracking will make it possible to find out with one hundred percent probability what specific date the letter will officially (that is, for the traffic police and the court) be considered delivered.

Found your ID code? - Great. Next, go to the official website of Russian Post. We look at when the fine receipt arrived at the post office and count down ten days.

“This date may be slightly earlier than the actual receipt of the envelope in your hands,” explains Sergei Radko. “It is important to check, since an error in determining the period for appeal can negate all your further efforts, even if the fine is dubious and, especially, illegal.”

Tip 2. “Remind yourself” at the traffic police

If you have changed your place of registration and have not entered the relevant information into the vehicle passport, do not expect that the traffic police will find out about this on their own through the unified database of the Ministry of Internal Affairs. He won't know. And even if he does find out, the fines will still be sent to the old address and you can easily miss the deadline for appealing.

“Of course, it’s a little strange that the State Traffic Inspectorate database is not updated automatically after changes are made to the data in the Ministry of Internal Affairs database, but the fact remains,” says Sergei Radko. — If a person registered and did not change the address in the registration certificate, then he most likely will not receive either fines or summonses. Without him, they will consider the case and make a decision in favor of the state.” So we carefully monitor where the fines are coming to you and promptly update the PT S.

By the way, sooner or later the title will still have to be changed - you don’t plan to drive your car forever, do you? In this case, you, as an individual, also face a fine of 1.5 thousand to 2 thousand rubles for “Violation of the rules of state registration of vehicles.” For officials and legal entities the amounts are significantly higher.

Tip 3: Keep your complaints to the point.

It makes sense to file a complaint only when you are really able to prove that you did not violate the rules. Let’s say a shadow from a car fell on a dedicated lane, the camera counted it, and the inspector, without looking, issued you a resolution under Part 1.1 of Art. 12.17 Code of Administrative Offenses of the Russian Federation. In each specific case there will be nuances that you can cling to, but the principle is the same for everyone.

“You need to clearly formulate what exactly your disagreement is,” says Sergei Radko. — Many people say: I received a fine for speeding, it says: “I was driving 85 km/h,” but I remember exactly, the speedometer showed 79 km/h! The position: “I didn’t violate because I couldn’t violate” is not serious, more weighty arguments are needed.”

Tip 4. Appeal the fine through the district court

Of course, nothing prevents you from filing a complaint with the organization that issued the fine. There are several such structures in Moscow. If you do not agree with the fine for parking under the signs “No Stopping”, “No Parking” or for parking on the lawn, you need to contact the Moscow Administrative Road Inspectorate (MADI). If you are charged with non-payment of parking, go to the State Public Institution “Administrator of the Moscow Parking Space” (GKU AMPP). Other fines can be appealed to the department of the State Traffic Inspectorate that issued the resolution. This can be done in person or by mail.

Nevertheless, experts still advise appealing against fines in a district court - if you want the procedure to be as transparent as possible.

“The same MADI often considers a case without the presence of the driver,” warns Sergei Radko. “Even if in your complaint you wrote: “Please notify me of the date and time of consideration of my appeal.” The result: who reviewed the complaint and on what basis made the decision remains a mystery to the driver.” In turn, the courts, according to the expert, comply with formalities. On the official website you can always track the latest information on your complaint: the administrative offense case number, the name of the judge, the secretary’s phone number, the current status of the case. In addition, judges usually call both sides to hear their arguments.

Important note: to file a complaint, you will only need to attach a copy of the decision on the administrative violation. All other documents (for example, a diagram of the location of road signs or markings) are requested by the court from the traffic police. So please note that the appeal process may take longer than through other responsible bodies - up to several months.

Tip 5. Ask the traffic police to delay the execution of the decision

As we know, the driver has 60 days to pay off the fine. This period starts on the 11th day after receipt of the decision. If you file a complaint, the fine does not fall into the category of unpaid until the end of the proceedings. The problem is that the traffic police may not know that you will appeal the fine through the court - for example, they have not received the summons (back to the issue of interaction between our government agencies). Therefore, on the 61st day of non-payment, employees of the State Traffic Inspectorate, with a clear conscience, send a resolution on an administrative offense to the bailiffs, and they write off the amount of debt from the driver’s account.

“The law does not oblige bailiffs to double-check information about whether the resolution has come into force. So, if he has a corresponding mark, you can be sure that the money will be withdrawn from you,” notes Sergei Radko.

Advice: about a month after filing the complaint, when the deadline for paying the fine approaches, send a letter to the traffic police (MADI, AMPP, etc.) with a request not to send the decision for execution, since you will appeal it through the court. The text is something like this: “I inform you that I have appealed the decision, accepted it for proceedings by the court, and the hearing is scheduled for such and such a date. In this regard, I ask you not to send a resolution on an administrative offense for execution.” There is no guarantee that this will work - the human factor has not been canceled. However, more often than not, the same MADI not only listens to such requests, but also revokes decisions that have already been sent to the bailiffs, and they terminate enforcement proceedings.

Tip 6. Certify copies of all documents

Even if the court of first instance upheld the rulings, this is not a reason to give up and run to the nearest ATM. You have the right to file a complaint against the decision of the district court to a higher authority ( in Moscow we appeal to the Moscow City Court - Editor's note ) . After this, the complaint can be sent to the chairman of the city court, then to the Supreme Court. Please note that any further consideration after the city court will take place without your presence. The decision will be notified by letter.

It is very important to follow the specified hierarchy and complete all documents correctly - you don’t want the complaint to be returned to you without consideration? Remember: if you go to the city court further, you must certify copies of all previous decisions in the case with a blue seal. Approximately 50% of complaints come back to the sender precisely because of such offensive little things. “Copies of court decisions are certified by the court. Copies of decisions made by other bodies - the State Traffic Safety Inspectorate, MADI, AMPP and others - are certified by them, explains Sergey Radko. “If the complaint was returned for formal reasons, it can be submitted again after the shortcomings are eliminated, subject to the deadline for appeal.”

For what and how traffic cameras are fined, read here.