How long are traffic police fines from cameras valid?

Statute of limitations for traffic police fines

Good afternoon, dear reader.

Not every driver knows that traffic police fines received quite a long time ago may not be paid on completely legal grounds.

This article will discuss the statute of limitations for traffic police fines , as well as the features of paying overdue fines for traffic violations.

Statute of limitations for traffic police fines

The statute of limitations for traffic police fines is regulated by Article 31.9 of the Code of Administrative Offences:

Article 31.9. Limitation period for execution of a decision imposing an administrative penalty

1. A resolution on the imposition of an administrative penalty is not subject to execution if this resolution has not been enforced within two years from the date of its entry into legal force.

The statute of limitations is 2 years from the date of entry into force of the decision imposing a fine.

Calculation of the statute of limitations for traffic police fines

Let me remind you that the decision to impose an administrative fine comes into force 10 days after it is issued (10 days are given for appealing it).

Thus, if the driver does not pay the traffic police fine within 2 years + 10 days , no one will be able to collect this fine from him.

Let's look at the situation using an example. Today is September 18, 2018. Let's subtract 2 years and 10 days from this date. Thus, fines for violations committed by drivers before September 7, 2016 do not need to be paid. Fines received after this date will have to be paid.

One more feature. If the driver appeals the decision to impose a fine (for example, in court), then 2 years will begin to count only after the decision comes into force, i.e. after the court hearing (+ possible period for appeal).

By the way, I would like to remind you that for failure to pay traffic police fines, the driver may be subject to a double fine (but not less than a thousand rubles), or compulsory work for up to 50 hours, or administrative arrest for up to 15 days. Administrative arrest cannot be used as punishment for non-payment of fines recorded automatically (by cameras).

Statute of limitations for traffic police fines in 2018

Fines for non-compliance with traffic rules must be paid in accordance with a resolution drawn up by a traffic police officer or other person authorized to draw up such documents. The violator receives the order in hand or by mail. The law provides for a period during which the fine must be paid or appealed.

The deadlines relating to penalties for administrative violations are regulated by the Code of Administrative Offenses of Russia. The document provides for punishment for evading payment of a fine and a statute of limitations, after which state organizations (including the executive service) have no right to collect overdue payments from a citizen.

When is it not necessary to pay traffic police fines?

The decision to impose penalties expires on the day the limitation period expires. This is 2 years, which must pass from the date of entry into force of the adopted decision. The violator is given 10 days during which he has the right to challenge the penalties in the traffic police or in court. If no complaints or claims are received from the citizen, then the statute of limitations begins to count. This provision is regulated by the federal Code of Administrative Offenses in Article 31.9 (Part I).

The same article of the Code (Part II) indicates that the statute of limitations increases if enforcement proceedings are initiated by the Federal Bailiff Service against a citizen who has not paid the fine on time. They begin to actively search for the debtor at his place of registration or work. They are looking not only for the citizen, but also for his accounts. Bailiffs have the right to write off penalties from a salary card, deposit or savings account. If the debtor evades payment of the penalty, the statute of limitations is interrupted. Renewed if the debtor's property or himself is found. This article determines that the statute of limitations is increased by the time of deferment or installment of the fine.

Examples of calculating the statute of limitations for traffic police fines

Example 1. Citizen P.R. Nalivaikin was issued a fine for an administrative offense (violation of the rules for operating a vehicle). The resolution was issued on September 15, 2015. The statute of limitations expires on September 25, 2017 (09/15/2015 + 2 years 10 days). If the fine is not repaid during this time, the citizen is exempt from payment.

Example 2. Citizen Nikanorova N.S. received a resolution by mail regarding an administrative fine (violation of parking rules). The resolution indicates the date of its execution: June 13, 2016. The addressee did not appeal the penalty. After 80 days, the case was transferred to the bailiffs, who began enforcement proceedings on November 15, 2016. A month later, FSSP officers found citizen Nikanorova at her place of registration. She is on parental leave to care for a child up to 3 years old; she had no permanent income, deposits, or valuable property. It was impossible to collect penalties at that time, but the statute of limitations for the fine began to be calculated from the moment the violator was discovered, i.e. from 12/15/2016

What deadlines for repaying the fine are specified in the law?

After the ruling is issued, the violator is given 10 days to challenge it. If the citizen does not take any action, then the resolution comes into force. The fine must be repaid within 60 days (unless installments or deferment are provided). This provision is regulated by Article 32.2 of the Code of Administrative Offences.

If after an appeal a new decision is made, it comes into force after 10 days. The decision made in the Supreme Court requires immediate execution, since it cannot be challenged.

When the offender is in no hurry to pay off the fine, the case is transferred to the bailiffs 10 days after the expiration of the voluntary repayment period. The bailiff service will deal with the debtor no earlier than 80 days after the resolution is issued. This does not mean that enforcement proceedings will be started immediately. Bailiffs have their own deadlines regulating work with debtors. After the start of proceedings (notified in writing by mail), 5 days are allotted during which the fine can be paid off without consequences.

Validity period for traffic police fines from video recording cameras

Traffic violations can be recorded not only by traffic police officers, but also by special devices with photo and video recording capabilities. This applies to video cameras located in places of potential violation of rules (in the area of restrictive, prohibitory signs, etc.). At the legislative level, it is established that registration of an offense using a technical means is the basis for issuing a decision when the owner of the vehicle is identified.

The statute of limitations, appeals and voluntary repayment of penalties based on video camera data are similar to the usual ones. The exception is the punishment for late collection: administrative arrest cannot be applied to the violator.

It is worth noting that decisions on such violations are issued electronically by a special service, and a paper copy is sent by letter to the place of registration of the vehicle owner. If the violator does not live at his place of registration, then he may not know about the fine. This circumstance does not exempt you from payment. Penalties may not be paid if the resolution is issued 2 months after the date of violation. This provision is regulated by the Code of Administrative Offenses (Article 4.5).

You can check for fines online. Unpaid fines are the reason for a ban on traveling abroad, confiscation of property, and seizure of a bank card. Overdue obligations are fraught with an increase in the amount of collection by 100%, corrective labor, and arrest for 15 days.

Conclusion

Thus, the offender is given 10 days to appeal the received decision on an administrative violation and 60 days to pay such a fine. 10 days after the expiration of the voluntary repayment period, the case is transferred to the bailiffs. The statute of limitations for traffic police fines is 2 years, unless we are talking about installment payments or deferred payment.

What are the statute of limitations for traffic fines?

Refusal to pay a traffic police fine threatens with more serious and unpleasant consequences than the administrative penalty itself. Despite this, many drivers continue to evade the execution of court orders or State Traffic Inspectorate inspectors, hoping for debt forgiveness. The legislation does indeed establish a certain limitation period for traffic police fines, but you should not think that FSSP employees will do nothing during this time. It is better not to hope that the debt will be forgotten, but to repay it within the time limits established by law in order to prevent delays.

What deadlines for repaying the fine are specified in the law?

The deadlines for paying traffic police fines are regulated by Article 32.2 of the Code of Administrative Offenses of the Russian Federation, and installment plans or deferments for them are mentioned in Article 31.5. Responsibility for their untimely repayment is prescribed in Part 1 of Article 20.25 of the Code of Administrative Offenses.

Information on the limitation period for current traffic police fines and the rules for calculating them is contained in Article 31.9 of the Code of Administrative Offenses of the Russian Federation. A driver who wants his traffic police fines written off due to the statute of limitations should study these documents, or even better, get legal advice.

Deadline for payment of a decision to impose an administrative fine

The legislation provides clear deadlines for repaying debts for traffic violations. After the inspector or court makes a ruling, the violator has 10 days to file an appeal.

If during this period the citizen has not taken any action, then the decision comes into force. From this moment the countdown of 60 days begins - the time allocated for voluntary repayment of the debt.

After this, the collection becomes overdue and within 10 days is transferred to the employees of the Federal Bailiff Service. The latter are engaged in the management of unpaid fines until they are repaid or the statute of limitations expires. Moreover, the fact that the debt can no longer be collected must be indicated by the defendant under the writ of execution.

In exceptional cases, the deadline for paying fines without making them late may increase. In particular, if the defendant can prove that he is in a difficult financial situation, the court may approve him a deferment for 1 month or an installment plan for a maximum of 3 months.

Validity period for traffic police fines from video recording cameras

A special department is responsible for issuing traffic police regulations from video recording cameras. The technology examines and records violations, and based on the results of its work, notifications are drawn up, which are then sent to citizens. In this way, not all driver misdeeds are recorded; often the devices make mistakes, and the employees behind them do not fully understand the situation. The result is the imposition of punishments without justification.

In such cases, it is especially important to first ensure that the penalty was imposed lawfully. If this is not the case, you should take advantage of the 10-day appeal period. The payment period and validity period for traffic police fines from cameras is the same as the standard one.

Can the statute of limitations on a traffic police fine expire: so that it no longer has to be paid?

According to the law, the validity period of an administrative fine for violating traffic rules under the Code of Administrative Offenses of the Russian Federation is two years. It is important to note that penalties are extremely rarely written off automatically, and even after this period has expired, traffic police or FSSP officers may insist on their repayment. Such actions are considered unlawful; the driver can safely refer to Article 31.9 of the Code of Administrative Offenses of the Russian Federation.

It is important to understand that the statute of limitations for traffic police fines is not counted from the moment they are assigned, but from the date the resolution comes into force. For example, if the driver did nothing during the 10 days allotted for the appeal, then the penalty will expire after 2 years and 10 days. If the decision has been appealed, then the starting time is shifted to the moment the final decision is made, to which the time for its entry into force is added.

Responsibility for failure to meet deadlines

When intending to take advantage of the statute of limitations for a traffic police fine, it is important to remember that traffic police officers and the FSSP have many ways to complicate the life of a defaulter. They will not simply wait for the period allotted by law to expire. For evading debt repayment, a traffic violation violator may be subject to additional fines, correctional labor, and even administrative arrest for 15 days.

When the problems start

Willful defaulters are constantly looking for ways to avoid paying the debt, so the government regularly introduces effective methods for collecting fines. From the very first day of overdue debt, additional sanctions are imposed on the violator in the form of another fine. Its amount is calculated based on the original debt and is represented by its double volume, but not less than 1 thousand rubles. If the driver was ordered to pay 3 thousand rubles, then on the first day of delay he will owe the state another 6 thousand rubles, which will ultimately amount to 9 thousand rubles of debt.

Evasion of paying a fine can also lead to the following consequences:

50 hours of corrective labor;
up to 15 days of administrative arrest;
additional restrictions provided by the bailiff service.

Such consequences are provided for a fine issued either as a result of a violation recorded by a camera, or as a result of an inspector’s order or a court decision. Law enforcement officials and the FSSP will not just wait for the driver to come to his senses and pay off his debts. They regularly conduct joint raids, as a result of which persistent defaulters are often sent straight to court.

If the bailiffs get down to business

Within 10 days from the moment the fine becomes overdue, it is transferred to the Federal Bailiff Service. Its employees not only increase the amount of debt by 7% (enforcement fee), but also get the opportunity to use auxiliary methods of collection within the statute of limitations. These include temporary deprivation of the right to drive a vehicle, seizure of property, including bank assets, and a ban on traveling abroad.

First, the bailiff gives the debtor 5 days to voluntarily repay the debt, after which he begins to apply permissible measures against him. Practice shows that in such situations, the lucky ones are not those citizens who have foreseen everything, but those who, due to lack of time, did not have time to take on the work.

You should not count on the fact that State Traffic Inspectorate employees will not have time or will forget to transfer information on the debtor to the FSSP. Its storage period in the traffic police database is unlimited, so it will get to where it needs to go in any case.

Limitation period for traffic police fines in 2019 | Statute of limitations

Can the statute of limitations on a traffic police fine expire so that it no longer has to be paid?

⚡️The statute of limitations for administrative and criminal cases appeared in the world legal system several thousand years ago and is currently enshrined in most legislation of the countries of the Romano-Germanic legal family.

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Despite the ongoing debate among legal scholars, in 2019 a rule related to the de facto nullification of liability for committing certain illegal actions after a long period of time also exists in Russian legislation. The rule is associated with the loss of social significance of certain crimes at a significant temporary distance from the moment of their commission, the inappropriateness of punishment, years separated from the crime, problems with the evidence base in old cases.

Collect traffic police fines in an armful and throw copies of decisions in the trash - what could be simpler? Unfortunately, this method of solving the problem will only delay, and often even worsen, the situation of the motorist.

Among other, often very serious offenses, trivial traffic police fines also fall under the rule regarding the statute of limitations. This issue in the Code of Administrative Offenses is regulated by Article 31.9. The statute of limitations under the ShG is 2 years from the date the resolution enters into legal force.

Article 31.9. Limitation of execution of a resolution on the imposition of an administrative penalty 1. A resolution on the imposition of an administrative penalty is not subject to execution if this resolution was not enforced within two years from the date of its entry into legal force.

We can agree that two years or 24 months is a fairly short period of time in a human life, and a Russian is quite capable of waiting out such a period of time. In ideal conditions for a motorist, this is exactly the case. Moreover, until recently, a significant number of motorists managed to slip through the described window of opportunity and evade the traffic police fines imposed on them, guided by the rule of reaching the statute of limitations .

Today, it is extremely difficult for a motorist from a large city to endure traffic fines until expire . There are the following reasons for this:

Electronic mobile databases of unpaid traffic police fines from the traffic police;
Active work of the bailiff service;
Prohibition on registration of a vehicle with outstanding fines.

Hypothetically, there is, of course, a chance to hold out until the “amnesty” associated with the expiration of the statute of limitations on traffic police fines . But let's look at what the life of a motorist will consist of throughout the entire waiting period.

The first ten days after receiving a traffic police fine are the most rewarding time. This period is left by the legislator for appealing the very fact of committing an offense. During this time, the offender can live a normal life without attracting the attention of government authorities. Then another 60 cloudless days are given to find funds to pay the collection. Clouds will begin to gather over the careless motorist on the 70th day of late payment. During this period, a significant part of the fines goes to bailiffs, but even here the “penalty officer” has the right to count on 10 days of persuasion and requests.

Then the motorist will find himself in a kind of airless space for 22 months. Both traffic police and bailiffs will be interested in his personality at the same time. Any evening check of documents can end in the bullpen, the debtor’s property - his wages and bank accounts, will be levied, virtually without warning, the court can easily deprive the driver-debtor of his rights, limit his right to travel, double the existing debt or sentence him to real correctional work. The full arsenal of means of influencing the “dodger” from fines, available “in the arsenal” of the security services, is so large that just listing them could lead to a separate article.

There is a chance that in the case of a very small traffic police fine of 500-1000 rubles, no one will hunt you. However, there is little point in living in fear for two years because of such a trifling amount. In the case of larger amounts, you are guaranteed to attract the interest of bailiffs and the traffic police. In such cases, it will be extremely difficult to delay until the statute of limitations on traffic police fines expires . And in the cases of such large, advanced regions as Moscow and the Moscow region, St. Petersburg and the Leningrad region, the Krasnodar Territory and the Republic of Tatarstan, it is almost impossible - the work of state control bodies is too clearly structured for these territories.

There are other subtleties, as we have repeatedly mentioned, the traffic police fine after a 70-day delay in payment goes to the FSSP (Federal Bailiff Service). No matter how stupid it may sound, bailiffs are not as friendly to car owners as the traffic police. It is rarely possible to quickly and reliably pay off fines sent to the FSSP. Resolving issues at this stage involves going to banks and working with paper receipts.

By the way, even if the motorist in some extraordinary way still managed to “avoid” the traffic police and the FSSP for two years and reached the expiration of the statute of limitations on fines , he still will not be able to avoid the final bow to government agencies.

The head of the local traffic police, in an amicable way, should receive from a debtor with fines for which the statute of limitations has expired , an application with a request to stop execution of them and remove irrelevant information from the general database.

And finally, on the topic of statute of limitations , we note that avoiding paying a traffic fine , that is, waiting for the expiration of its statute of limitations , is mostly achieved not by drivers who hid well from the bailiffs, but, rather, by motorists whom the bailiffs did not look for well or did not look for at all. . Clauses 2, 3 and 4 of the same article tell us about this 31.9 :

The statute of limitations for traffic police fines begins to be calculated anew if either a person evading payment of the fine or his property is discovered;
If the fine was to be paid in installments or deferment, then the statute of limitations is increased by the amount of the latter.

The easiest way to protect your life from unnecessary hassle is still to timely pay the traffic police fine . It is possible to play super-agent with the state, but coming out of this game as a winner is an extraordinary task. As always in our publications, we recommend that drivers check and instantly pay their fines through the online service “Staff Fines”.

Traffic police fines: statute of limitations and consequences of late payment

Getting a fine is perhaps one of the most unpleasant moments for a driver. However, this is not a common occurrence and occurs quite often. Violations related to traffic rules prevail among other offenses.

All road users are fined, but drivers of vehicles are especially often held accountable. In this article, we will look in detail at what payment deadlines exist and what regulations apply, and what the driver faces if there are unpaid fines.

How does the payment time differ from the penalty period?

The repayment period is the period of time in which any debt can be paid. At the moment, 60 days are allotted for paying the fine after the relevant resolution comes into force (Article 32.2 of the Code of Administrative Offenses of the Russian Federation). The driver also has the opportunity to appeal the fine within 10 calendar days after the incident (Article 30.3 and 31.1 of the Code of Administrative Offenses of the Russian Federation). In this regard, the period for paying the fine can be considered 70 days.

Article 31.1 of the 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:

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;
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;
immediately after making a non-appealable decision on a complaint or protest, except in cases where the decision cancels the decision.

The statute of limitations is the time after which the decision on a fine is not subject to execution (Article 31.9 of the Code of Administrative Offenses of the Russian Federation). If no one has looked for the violator for two years, then after this period no one has the right to collect a fine from him. If a person deliberately evaded paying a fine, then when he is found, he will be given the same amount of time.

How long is a traffic violation order valid?

From the moment when the traffic police officer issued a fine to the violator, the second one is obliged to make payment within up to 60 days (Part 1 of Article 32.2 of the Administrative Code). However, part 1 of Article 30.3 of the Code of Administrative Offenses of the Russian Federation gives the driver the right to appeal the imposed penalties within 10 calendar days from the date of receipt of the receipt.

Article 31.1 of the Code of Administrative Offenses explains that a decision on an administrative violation comes into force from the moment of the period established for its appeal (10 days), if it has not been protested and appealed.

Adding 60 days and 10 days that are intended for appeal, you get 70 days. Within this period, the fine must be repaid by the offender in full.

If a citizen who has been fined decides to appeal this decision, then the reporting period (10 days) will be set from the date of the last court hearing. However, if the violator appeals to the Supreme Court, the decision will come into force immediately ( the decision of the Supreme Court cannot be challenged ).

If, when a violation of traffic rules is detected, the authorized person of the traffic police does not issue a resolution immediately at the scene of the incident, then at the end of the 60-day period, no one has the right to prosecute for this offense. When considering a case by judges, the statute of limitations is three months (Part 1 of Article 4.5 of the Administrative Code).

You will learn more about what can be recorded on cameras and whether it is possible to appeal a punishment with video recording of a violation, as well as how to do this, in a separate material.

How long does it take for the obligation to pay to expire?

All traffic participants are interested in when the validity period of a decision for violating traffic rules expires. The period of validity of the resolution is regulated by Part 1 of Article 31.9 of the Code of Administrative Offences, according to which a resolution on an administrative violation of traffic rules expires if it has not been executed within two years.

If the violator has not paid the fine within 24 months and has not been caught by bailiffs and other government agencies, then he may not pay the fine. But in our time, such cases are extremely rare.

In a situation where the offending driver is hiding from bailiffs and deliberately evading payment of a fine, when this person is detained, the statute of limitations will be added and will be equal to the period during which the violator was searched for (Part 2 of Article 31.9 of the Administrative Code).

What is the time period for recovery from bailiffs?

The statute of limitations for traffic police fines for bailiffs is also two years . However, the legislation allocates only two months for carrying out collection actions (enforcement proceedings) (Article 36 “Law on Enforcement Proceedings”).

If the bailiff was unable to collect the debt, and the reason for this is the lack of income and property of the offender, then the bailiff must draw up a special act and return the writ of execution to the collector.

Calculation of the repayment period for deliberate evasion

As mentioned above, if a person deliberately evades and hides from the authorities, then the statute of limitations will automatically increase from the moment the offender is caught. In this case, the amount of the additional term will be calculated based on the period during which the bailiffs were looking for the culprit.

Example.

If the violator hid for one year and eight months, then after his detention the period required to search for the violator will automatically be added to the standard two years (Part 2 of Article 31.9 of the Administrative Code).

Punishment for overdue orders

So, let’s find out what an overdue fine means and what the consequences will be in accordance with the law of the Russian Federation (Article 20.25 of the Administrative Code):

Double amount charged.

Ban on traveling abroad.

Arrest.

Mandatory work.

Let's look at each point.

After the trial, the decision is made on a case-by-case basis. The most popular punishment is an increase in the amount of debt. A driver who actively evaded and failed to make payment within the established time frame usually receives a double fine.

The main problem for modern and business people is the ban on traveling abroad. This punishment is automatic and does not require the intervention of judicial authorities. Immediately after the first check, the citizen will not be released from the country. Therefore, when going on vacation, you need to check whether you have any debt and pay it all off right away.

Malicious failure to comply with administrative responsibility may result in arrest for up to 15 days, and in certain cases the period can be increased to 6 months.

Is it possible to repay in installments?

There are situations when the amount of the fine is too high, and the driver simply does not have the financial ability to pay it all at once. Therefore, the violator has the right to apply to the court with a request for payment in installments. In some cases, it is possible to increase the repayment period from 2 to 5 months.

Today, this judicial practice is used extremely rarely. Most likely, car owners simply do not know about the existence of such an opportunity.

Facts you need to know:

According to the law, installment plans are possible for up to three months. However, if the application is recorded at the end of the second month (during which payment should already have been made), then there is a possibility of extending the payment period to 5 months. Three more months will be added to the first two months, making a total of five.
Legislation in this area is subject to frequent changes and amendments. Therefore, there is a possibility that the period will increase.
When submitting a petition to the court, the violator must provide impressive arguments that would confirm his insolvency. The court's decision may be influenced by facts such as the make of the car, appearance, clothing of the culprit, etc.

To summarize, it can be noted that you need to be vigilant on the road and not violate traffic rules. Then the probability of receiving a fine is equal to zero.