Repeated punishment for the same violation

Repeated traffic violation

Good afternoon, dear reader.

This article will talk about what it means to repeatedly violate traffic rules , as well as the time frame during which the driver can be held more strictly liable.

As a rule, repeated violation of traffic rules entails a more severe punishment, but it is not imposed for any violation of the rules.

Violations for which “repetition” is taken into account

So, punishment for repeated violation of traffic rules can be applied in the following cases:

Note. All articles of the Code of Administrative Offenses listed in the third column of the table (for the first violation) provide for punishment only in the form of an administrative fine or deprivation of rights. Therefore, further in this article only repeated violations after a fine and deprivation of rights will be considered.

How long does it take for a violation to be considered repeated?

To understand what a repeated traffic violation means, you should consider one more concept:

Article 4.6. The period during which a person is considered subject to administrative punishment

A person who has been imposed an administrative penalty for committing an administrative offense is considered subject to this punishment from the date the decision on the imposition of an administrative penalty enters into legal force until the expiration of one year from the date of completion of the execution of this decision.

Thus, a violation is repeated if it is committed between:

issuing a resolution to impose an administrative penalty;
completion of 1 year from the date of completion of execution of the resolution.

Once the “repetition” period begins, everything is simple. A decision on imposing a fine is made by a traffic police officer or a judge, a decision on deprivation of rights is made only by a judge.

With the ending, the situation is more complicated, because... you need to find out from what point to count the year:

In case of payment of a fine , the period is counted from the date of payment.
In case of deprivation of a license , the period is counted at the moment when the driver collects the license from the traffic police.

Note 1 . If the driver does not pay the fine, then the term will be calculated according to a more complex scheme, discussed in a separate article:

Note 2 . If the driver, after deprivation, does not surrender his license to the traffic police, then in case of violation it will be considered repeated. The same applies to the end of the deprivation period. It is the moment when the driver receives the license in hand (after passing the exams) that matters. Only from this day 1 year begins to pass.

Thus, if a driver is caught committing the same rule violation within a year from the date of “completion” of the administrative penalty, he will receive a more severe punishment.

Examples of repeat violations

Let's look at a few examples:

Example 1. On April 30, 2018, Andrey drives into the oncoming lane for the first time. The trial took place on May 15, 2018. A penalty of 5,000 rubles was imposed (part 4 of article 12.15 of the Administrative Code). Andrey paid the fine on May 30, 2018.

If Andrey drives into the oncoming lane again on September 1, 2018, he will no longer get away with a fine. The punishment for him will be deprivation of rights for 1 year (part 5 of article 12.15 of the Code of Administrative Offenses).

If Andrey drives into oncoming traffic on May 31, 2019 or later, the punishment will not be repeated, because More than a year has passed.

If Andrey drives into the oncoming lane on May 7, 2018, the violation will not be considered a repeat violation, because the trial has not yet taken place and no ruling has been made.

Example 2. On April 30, 2018, Bronislav exceeded the speed limit by 41 km/h and received a fine of 1,000 rubles (part 3 of article 12.9 of the Administrative Code). The resolution was drawn up by the traffic police officer at the scene of the violation. The fine was paid on the same day.

If Bronislav commits a violation before April 30, 2019, it will be repeated.

Example 3. On April 30, 2018, Vadim was caught by traffic police officers while intoxicated.

On May 5, 2018, Vadim again found himself driving while intoxicated, but since the trial in the first case has not yet taken place, the violation is considered as the first.

The trial in the first case took place on May 20, 2018, and a 14-month deprivation of rights was imposed. Starting from May 20, violations are considered repeated.

The trial in the second case took place on June 1, 2018, and a 16-month deprivation of rights was imposed.

Vadim was in no hurry to submit his license to the traffic police and took it only on July 12, 2018. The period of deprivation is calculated from this date.

The period of deprivation ended on January 12, 2021, but Vadim was unable to pass the exam the first time. As a result, he received his license only on February 8, 2021. Within a year after this date, violations will be considered repeated.

Those. in this example, the violations are repeated from May 20, 2018 to February 8, 2022.

I am sure that the examples allowed you to understand what repeated traffic violations mean and in what cases it may occur. However, if you still have questions, write them in the comments to the article.

Traffic police fine for repeated traffic violations 2019

⚡️What does repeated traffic violation 2019 mean? What violation is considered repeated? What is the penalty for repeat violation? The answer is in this article from the specialists of the website “Traffic Police Fines”

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How is the year of traffic violation calculated?

Repeated punishment of drivers for committing the same type of offenses within a limited period of time (year) is an effective progressive measure designed to increase the level of safety on the roads by separating truly malicious traffic violators from the forgetful, careless and unlucky ones.

Repeated violation of traffic rules is described in Article 4.6 of the Code of Administrative Offenses of the Russian Federation - “a person who has committed an administrative offense is subject to the chosen penalty from the moment the resolution enters into force and is valid for a year.” Moreover, the year is counted differently for different types of traffic crimes. In case of imposition of a fine by the traffic police, the year is counted from the moment of its payment, but in the case of deprivation of rights, the year is counted only after the expiration of such restriction (that is, a year from the date of return of rights). The term for violating traffic rules is almost always one year.

Repeated violation is most often involved in the case of a serious violation - drinking alcohol while driving, driving through a red traffic light, significantly exceeding the speed limit, lack of registration of the car, etc. Most often, the sanction for a repeat offense will be either a significant fine or deprivation of driving privileges by car.

A homogeneous violation committed within 1 year from the date of execution of the first administrative decision is considered repeated.

What articles of the Code of Administrative Offenses provide for punishment for repetition?

Repeated driving of an unregistered vehicle.
Repeated serious speeding.
Repeated violation of intersection rules.
Repeated driving through a prohibitory signal.
Repeated entry into oncoming traffic or tram tracks in the opposite direction.
Repeatedly driving in oncoming traffic on a one-way road.

The bottleneck in the process of assigning traffic police fines for repeated traffic violations is the traffic police cameras. In the Russian Federation, rights are not revoked remotely, and the level of trust in technical devices among officials is not high - so it turns out that the rule on repeated violations almost never applies to chain letters.

Punishment by type of violation

The legislator has introduced special liability for repeated violations only for limited offenses from the Code of Administrative Offences. Repeated offenses include repeated driving of an unregistered vehicle, repeated speed violation of more than 60 km/h, repeated violation of intersection rules, repeated running of a red light, repeated driving into oncoming traffic, and repeated driving under a brick.

Over speed

Speeding is one of the most common traffic violations in the Russian Federation. What makes it a leader among violations is the massive use of traffic cameras. Repeated, increased fines for speeding begin with a violation interval of 40-60 km/h . (here for the first violation there is a fine of up to 1500 rubles and for the second up to 2500 rubles).

The fine for violation lies within the target of exceeding 60-80 km/h . (The first violation is a fine of up to 2,500 rubles or deprivation of rights for 6 months. The second similar violation entails deprivation of rights for 1 year)

Fine for violating the speed limit by more than 80 km/h . (First violation - a fine of 5,000 rubles or imprisonment for 6 months. Second - deprivation of rights for 1 year)

Punishments for recording a violation by a “live” traffic police officer

Over speed

Penalty for first offense

Punishment for repeated violation within a year from the first violation

1,000 - 1,500 rubles

2,000 - 2,500 rubles

2,000 - 2,500 rubles or deprivation of driver's license for 4-6 months

deprivation of rights for 1 year

5,000 rubles or deprivation of driver’s license for 6 months

deprivation of rights for 1 year

IMPORTANT! Article 12.9 of the Code of Administrative Offenses of the Russian Federation notes that the penalty of deprivation of a driver’s license cannot be imposed by systems for automatically recording traffic violations. In other words, if the driver gets caught again, even at very high speed, he only risks receiving a fine of 5,000 rubles. no matter how many times a year this happens.

Drive on red

Running a red light is one of the most dangerous traffic violations. According to statistics, every tenth violation of traffic light rules leads to an accident. Often the consequences of such accidents are death and serious bodily injury.

The offense associated with driving through an intersection with a prohibitory traffic light signal is regulated by Article 12.12 of the Code of Administrative Offenses of the Russian Federation. In 2019, the first fine for running a red light is 1000 rubles. Repeated violation within one year will result in a fine of RUB 5,000.

Driving while intoxicated

Driving a vehicle while intoxicated – a fine of 30,000 rubles and deprivation of rights for up to 4 years.

Driving a vehicle while intoxicated without a license or while deprived of one - 15 days of arrest or a fine of 30,000 rubles.

Repeated driving while intoxicated from July 1, 2015 is not an administrative, but a criminal offense Article 264.1. Criminal Code of the Russian Federation.

The fine in this case can reach 300,000 rubles. and imprisonment can reach 2 years.

Crossing a solid road or overtaking

Overtaking in the oncoming lane crossing a solid or double solid lane is regulated by Part 4 of Article 12.15 of the Code of Administrative Offenses of the Russian Federation. For such actions a fine of 5,000 rubles is provided. or deprivation of rights for up to 6 months.

Repeated violation of the rules of entering the oncoming lane (or overtaking through solid lanes) within one year will result in deprivation of rights for 1 year or a fine of 5,000 rubles. (if the violation is recorded by camera)

Driving without a license

Currently, the concept of “repeated driving without a license” does not exist in Russia. There is one single fine for drivers who have been deprived of their license when driving. Article 12.7.2 of the Code of Administrative Offenses of the Russian Federation provides for a fine of 30,000 rubles in such cases. or arrest for up to 15 days.

A driver deprived of his license can perform this “trick” as many times as he likes and the punishment will always be the same. There are proposals in the State Duma to deprive and punish drivers whose licenses have been revoked for repeated driving, but so far these are just ideas, not law.

A repeated fine for tinting is a controversial phenomenon. In the generally understood sense of the word, the concept of “ repeated fine for tinting ” does not exist! However, traffic police officers in a number of constituent entities of the Russian Federation (Tatarstan, Khabarovsk Territory) came up with a second fine for tinting by issuing an “order to eliminate a technical malfunction of the car” with reference to Article 19.3. Code of Administrative Offenses of the Russian Federation “disobedience to a lawful order of a police officer.” Such a de facto repeated violation results in a fine of 1,000 rubles or administrative arrest for up to 15 days and cancellation of the vehicle registration. It is through this that many car enthusiasts build theories about tougher penalties for tinting in 2019.

The usual fine for tinting in 2019 is 500 rubles. according to Part 3.1 of Art. 12.5 Code of Administrative Offenses of the Russian Federation. The law no longer contains any reservations or additions. However, traffic police officers in certain regions of Russia have developed a complex scheme for repeatedly influencing motorists to tint the front windows of cars.

A repeated fine for tinting is issued as follows. A driver with a tinted car is stopped and given an order to correct the problem (remove the tinting). Information about the issued order appears in the general traffic police database. If during the next meeting of the motorist with the traffic police officers it turns out that the tinting has not been dismantled, the owner of the car can be arrested for 15 days and the car can be deregistered. There have already been similar cases in the Russian Federation.

A repeated fine within one year proves that the motorist did not stumble accidentally, but systematically violates traffic rules. If traffic police officers detect a repeated fine, the motorist will most likely face deprivation of his license.

It is important to remember that if the driver or owner of the car has a traffic police fine for a serious traffic offense, attentiveness on the road needs to be increased once again.

Repeated punishment for the same violation

According to the general rule of the Code of Administrative Offenses of the Russian Federation, bringing to administrative responsibility twice for the same administrative offense is not allowed.
However, it is necessary to distinguish between cases where there are two administrative offenses and administrative liability is brought twice, and where there is only one administrative offense and there is repeated administrative liability.
We can talk about such a phenomenon as repeated bringing to administrative responsibility due to the presence of several norms in the Code of the Russian Federation on Administrative Offenses.

Firstly, repeated bringing to administrative responsibility is regulated by part 5 of article 4.1 of the Code of Administrative Offenses of the Russian Federation.
This provision stipulates that no one can be held administratively liable twice for the same administrative offense. This means that repeated administrative liability is not possible under the law. Let us remind you that a person is considered subject to administrative punishment within one year from the date of execution of the decision (payment of the fine). Secondly, paragraph 7 of part 1 of article 24.5 of the Code of Administrative Offenses of the Russian Federation is devoted to bringing to administrative responsibility twice for the same administrative offense.
According to this norm, if proceedings are being conducted against a person for an administrative offense, or they are just about to initiate it and it is established that there are already: 1. a resolution imposing an administrative penalty on the same fact, or
2. a resolution to terminate proceedings on a case of an administrative offense on the same fact, or
3. a resolution to initiate a criminal case on the same fact, in this case the proceedings on the case of an administrative offense cannot be initiated or must be terminated.
In practice, big questions arise regarding the application of these norms.
There are no general explanations that would cover all the problems of repeated bringing to administrative responsibility. At the same time, there is a fairly large amount of judicial practice that helps to find the answer to this question, when there is administrative liability twice for the same administrative offense, and when not.
The position of the Supreme Court of the Russian Federation on the issue of repeated bringing to administrative responsibility is contained in the answer to question No. 21 in the “Review of legislation and judicial practice of the Supreme Court of the Russian Federation for the fourth quarter of 2006”, approved by the Resolution of the Presidium of the Supreme Court of the Russian Federation dated 03/07/2007.
Question No. 21: During what period from the moment a person is brought to administrative responsibility for committing a continuing offense is it possible to bring him to administrative responsibility again if the person continues to commit this offense, for example, lives without a passport or without registration?
Answer: In accordance with paragraph 14 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 24, 2005 No. 5 “On some questions that arose among the courts when applying the Code of the Russian Federation on Administrative Offenses,” a continuing offense (action or inaction) that is expressed in long-term continuous failure to fulfill or improper fulfillment of the duties assigned to the violator by law. The day of discovery of a continuing administrative offense is the day when the official authorized to draw up a protocol on the administrative offense discovered the fact of its commission. Part 2 of Art. 4.5 of the Code of Administrative Offenses of the Russian Federation provides that in case of a continuing administrative offense, the statute of limitations for bringing to administrative responsibility begins to be calculated from the date of discovery of the administrative offense. Prosecution ends the offence. If a person brought to administrative responsibility does not fulfill the duties assigned to him by law or other regulatory legal act, or does it improperly, then he may be brought to justice again. In this case, it is necessary to take into account the nature of the obligation assigned to the violator and the period required for its fulfillment. The moment the specified period begins to run is the entry into force of a previously issued decision on the same administrative offense.

Part 2 of Art.
4.5 of the Code of Administrative Offenses of the Russian Federation provides that in case of a continuing administrative offense, the statute of limitations for bringing to administrative responsibility begins to be calculated from the date of discovery of the administrative offense. The day of discovery of a continuing administrative offense is the day when the official authorized to draw up a protocol on the administrative offense discovered the fact of its commission.
The Supreme Court, in response to a question, indicated that prosecution terminates the offense.
What is meant here is that the offense is formally legally terminated, because after violations are identified, no one has the right or can prohibit you from continuing to commit an administrative offense. For example, violating fire safety rules or sanitary standards and regulations. Further, the Supreme Court writes that if a person held administratively liable does not fulfill the duties assigned to him by law or other regulatory legal act, or does it improperly, then he may be brought to justice again. In this case, it is necessary to take into account the nature of the obligation assigned to the violator and the period required for its fulfillment. The moment the specified period begins to run is the entry into force of a previously issued decision on the same administrative offense. That is, the Supreme Court does not say that repeated prosecution for the same offense is possible. The court says that if a sufficient period of time has passed to eliminate the violation and the decision in the case of an administrative offense has entered into legal force, then administrative liability may be brought under the same article for the same actions (inactions). The offense will be new, which means new administrative responsibility for the guilty person.

The Constitutional Court has prohibited bringing to justice twice for one violation

Individual entrepreneur Ulmeskhan Erkenova provided information about the insured persons working for her for September 2017 only in November of the same year. For this she was brought to justice, but not once, but twice: first under the law “On individual (personalized) registration in the compulsory pension insurance system”, and then administratively - under 15.33.2 of the Code of Administrative Offences.

During the hearing on the second fine, Erkenova and her lawyer stated: the entrepreneur cannot be brought to administrative responsibility, because she was already fined for late submission of the same information for the same period. The courts did not agree: they stated that according to the relevant Federal Law she was involved as an insurer, and according to the Code of Administrative Offenses - as an official responsible for her enterprise and employees. Therefore, the courts decided, it is impossible to talk about the existence of double responsibility for the deed.

Erkenova complained to the Constitutional Court and recalled Art. 50 of the Basic Law, which states: “No one can be convicted twice for the same crime.”

According to Part 5 of Art. 4.1 of the Code of Administrative Offenses, no one can be held administratively liable twice for the same administrative offense, the Constitutional Court recalled. This means that Article 15.33.2 of the Administrative Code, under which Erkenova was brought to administrative responsibility, does not comply with the basic law, because it allows for “double” punishment.

In this regard, the court ordered the federal legislator to change the norm of the Code of Administrative Offenses so as to exclude such cases. And the courts should reconsider their decisions in the Erkenova case.

I received two fines for one traffic violation. How can I challenge them?

I received two fines for exceeding the speed limit. Both violations were recorded by cameras at the same time, presumably in the same place. The exact address is indicated on only one receipt. The second receipt indicates the same time to the minute, the same street, but there is no house number.

I think that both citations were issued for the same offense: I was driving over the speed limit and was recorded by two cameras at once.

It turns out that you can install a dozen cameras one after another and issue fines in batches. Is this legal?

Maxim, in your case one of the fines can be challenged. I recommend that you hurry up - Article 30.3 of the Code of Administrative Offenses of the Russian Federation allows only 10 days from the date of receipt of the decision to appeal it.

Situations when a person is wrongfully imposed an administrative penalty are common. Sometimes unscrupulous traffic police officers are to blame for this, and sometimes video recording systems fail. If you are given ten fines for one violation, you can and should appeal them.

I’ll tell you in detail where to go and what to do.

What the law says

In your case, at least one of the orders was issued illegally. In accordance with Part 5 of Article 4.1 of the Code of Administrative Offenses of the Russian Federation, no one can bear administrative responsibility twice for the same administrative offense.

Even if we assume that the violation was recorded from two different cameras and we are talking about different violations, at the same time the car could not be in two different places.

Where to appeal

Article 30.2 of the Code of Administrative Offenses of the Russian Federation allows the driver to choose how to appeal the fine. The complaint can be sent to the traffic police inspector, a higher official who is authorized to consider such complaints, or immediately go to court. Contacts of traffic police officials to whom a complaint can be sent are indicated in the resolution itself.

If you decide to start with the traffic police, a complaint about unreasonable actions of employees can be sent by registered mail with acknowledgment of receipt or handed over to an office employee against signature. You must contact the traffic police department indicated in the resolution. I recommend making a complaint in two copies and asking for an acceptance mark on the second copy.

If you decide to immediately go to court, check in the GAS “Justice” system which district court the address of the offense belongs to.

Even if you mistakenly contact the wrong traffic police department or the wrong court, nothing bad will happen. The complaint will be forwarded where necessary, and you will be notified about this in writing.

There is no state duty for appealing administrative offenses.

How to file a complaint

To file a complaint, you can, of course, contact a lawyer. But this does not always make sense: the payment for a lawyer’s services, as a rule, far exceeds the amount of the fine.

In your case, I recommend acting on your own. Please write the following in your complaint:

Full name and position of the person to whom the complaint is sent.
Your data: full name, address, telephone numbers where you can be contacted.
Number and date of the decision you are appealing.
Reason for cancellation of the decision. In your case, ask to cancel the double fine for one violation, referring to part 5 of Art. 4.1 Code of Administrative Offenses of the Russian Federation. Write that you have two administrative penalties for the same violation.
We request that the decision be reversed.
Personal signature and date.

Attach copies of the decisions and describe all the circumstances in as much detail as possible. When considered in court, every detail is important. If there is a DVR recording or the route is saved in the navigator, write about it in the complaint.

If you want the complaint to be considered without your participation, write about this too.

The chances that one of the resolutions will be canceled are very high. But there are still no guarantees.

Based on your complaint, they will either cancel the decision and stop the legal proceedings, or they will not cancel anything.

Another option is when the court changes the article in the resolution, but leaves the fines and other types of administrative punishment the same or changes it. This happens when an inspector issues a fine under the wrong article. In your case, this is the least likely option.

There is almost no judicial practice in such cases: complaints rarely reach the court. It is enough to write to the traffic police, and the employees themselves cancel one of the decisions and terminate the administrative case on it.

Maxim, here are my recommendations: