Procedure for appealing a traffic police fine

“>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 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.

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?

1. 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.
2. Title of the document.
   Complaint against a decision in a case of an administrative offense.
3. 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.
4. 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.
5. Application.
   List the documents attached to the complaint, indicate the number of sheets in the documents.
6. 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:

1. The decision made is unfounded, and the offense has not been proven.
2. The conclusions indicated in the resolution do not correspond to the real circumstances of the incident.
3. Incorrect application of the law (misinterpretation).
4. 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?

1. 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;
2. 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;
3. 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.);
4. if you were forced to drive through a red traffic light at the direction of a traffic controller;
5. 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?

1. 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.
2. 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)

1. 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);
2. 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);
3. 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);
4. Appeal against the decision for driving while intoxicated - the complaint was satisfied (Decision in case 12-289/2016);
5. Appeal of the decision in connection with a violation of the right to defense - the complaint was satisfied (Decision in case 12-403/2016);
6. 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