Deadline for canceling traffic police fines
Do traffic police fines expire and after how long if they are not paid?
Traffic police fines have deadlines, and there are a great many of them. First, the deadline for entry into legal force, the deadline for appeal, then the deadline for payment, then the deadline for prosecution under the article for late payment, and only after that - the deadline for the “burning out” of the fine. Looking ahead, we answer: yes, traffic police fines expire . This happens after 2 years, but there are conditions and fines do not expire in all cases.
How long does it take for traffic police fines to expire?
So, if you don’t pay traffic fines, they will expire—the data is current as of December 6, 2019. This happens 2 years after the date of entry into force of the decision on such a fine. Article 31.9 of the Code of Administrative Offenses tells us this:
Article 31.9. The limitation period for the execution of a decision to impose 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.
As you can see, everything is simple! Execution of a punishment is the payment of a fine, and if the fine has not been executed within two years from the date it entered into legal force, it expires.
But what is the effective date? According to the same Code of Administrative Offenses (Article 31.1), this is the date on which the period for appealing the decision on a fine expires. That is, first the inspector makes a decision (namely a decision, not a protocol), then there is a period during which this decision can be appealed, and after this period the decision comes into force, and it can no longer be appealed. The appeal period for almost all traffic fines is 10 days. But this period is interrupted if you appeal the decision.
If the decision was made not by the inspector, but by means of automatic recording, then the period for appeal begins after the driver has been properly notified of the punishment. Such notification is a registered letter with a copy of the resolution received by the driver at his place of registration if he did not evade receiving it.
Example: citizen Ivanov committed a violation on June 3, 2016 - he was driving at an excessive speed, which was recorded by a self-driving camera. As a result, a resolution was drawn up against him, issued on June 5 of the same year, and a copy of the resolution was sent to Ivanov by mail. Ivanov received this copy on June 14, 2016, and did not appeal this fine.
As a result, we get the following timing:
- The date of entry into force of the resolution is June 24, 2016 (date of receipt of the copy + 10 days for appeal).
- The expiration date for the fine is June 24, 2018.
It seems like nothing complicated, doesn’t it?! But in reality, fines are burned in this way very rarely. The fact is that the state takes good care of replenishing the budget, so it will not allow you to simply not pay a fine - this will be discussed below.
In what cases are fines not expunged?
So, we already know that the execution of the decision is the payment of a fine. But there is also such a term in legislation as “compulsory execution”. It's simple - it's transferring the fine to bailiffs for execution. This happens after the deadline for paying the fine has expired. Remember above we talked about the date the fine came into force? So, from this moment the period for paying the fine also begins, which is 60 days (not 2 months, namely 60 days). After this payment period has expired, the fine is considered overdue, and it is then that the traffic police have the opportunity to transfer this fine to the bailiffs, which (opportunity) they take advantage of.
That is, in the end we get that the fine, which was transferred to the Federal Bailiff Service, was enforced, so the period of 2 years does not apply to it.
Bailiffs, however, have no statute of limitations on fines at all. This means that if the fine is being executed by the bailiffs, it will never expire.
By the way, there is another important point regarding the period of the fine - from the moment it is considered overdue (after 10 days for appeal plus 60 days for payment), the period for collection under a rather tricky article of the Code of Administrative Offenses begins - 20.25. This article provides for punishment for late payment of a fine in the form of a new fine in double the amount of the overdue amount or arrest for up to 15 days.
Another case when a traffic police fine does not expire is the second part of Article 31.9 of the Code of Administrative Offences, which states that if a driver evades paying a fine, then the period of 2 years for him is interrupted. This is where the difficulty lies for legislators. The fact is that the fact of evasion is an active action, and therefore it still needs to be proven. A couple of the simplest such evidence is the confession of the evader himself or his actual residence not at the place of registration (and, as a result, the impossibility of notifying him), and the latter is also not so easy to prove to the authorities.
In fact, perhaps 99% of all fines cannot be expired only because they are handed over to bailiffs for execution, and this is precisely the reason why most fines never expire. You can check current information about such proceedings on the official website of the FSSP. That is why it is much more profitable to pay fines with a 50% discount within a 20-day period than to count on the fact that they will expire after 2 years.
What can I do to make the fines disappear?
Unfortunately, for 2019, there are no active actions to make the traffic police fines disappear. It makes no sense to do anything to give the fine the status of “burnt”, since the fine still remains with the driver; the obligation to pay it simply disappears.
It is also impossible to speed up the period after which fines expire.
Why, if the fine is burned, does it not disappear from the traffic police database?
When checking traffic police fines, burned fines will almost always be displayed as unpaid, because, as mentioned above, “burning” of fines is a conventional name; in fact, the fines do not expire, the obligation to pay them simply disappears, therefore, when checking fines in the databases, they remain current, unpaid.
Is it possible to get your license back if it was deprived along with a fine, but the fine was burned?
In cases where the decision imposes both a fine and deprivation of rights (for example, under articles for driving while intoxicated, for refusing to undergo a medical examination, etc.), 2 years may pass without the fine being paid. In this case, the fine also expires and there is no obligation to pay it. However, you will not be able to return your driver’s license without paying a fine, since such a condition is directly stated in the article on the conditions for returning the right to drive after deprivation (Article 32.6, part 4.1 of the Code of Administrative Offenses of the Russian Federation).
What traffic police fines are valid?
Summing up, we conclude that fines expire after 2 years, regardless of the article of the Code of Administrative Offenses under which we were fined. But there are exceptions in which fines do not expire, what are they?
- The fine does not expire if the decision on it was transferred to the bailiffs.
- The fine does not expire if the fined person evaded paying it.
- The fine does not expire if it was issued to someone who has been deprived of the right to drive (in this case, it will be impossible to return the license without paying the current fines).
When do traffic police fines expire?
Article 31 of the Code of Administrative Offenses states that traffic police fines may not be paid after the expiration of the resolution imposing a fine, if during this time the traffic violation violator did not comply with it himself or was not forced to comply. However, in some cases, the resolution remains valid even after the specified period has passed. According to this article of the administrative code of the Russian Federation, the fine must be paid within 2 years from the day the resolution came into force.
Do traffic police fines expire and after what period? Can they be written off? In what cases are penalties canceled and when is their cancellation impossible? We will answer these questions in this article.
When does the regulation come into force?
The resolution comes into force 10 calendar days after the traffic police officer issues a fine to the violator or after the person in whose name the fines are issued has signed a notification of receipt of a registered letter with a fine. Fines for violations recorded by photo recording cameras are sent by registered mail, most often to citizens who are not registered on the State Services website.
If you do not accept a registered letter with a resolution, will it come into force? In fact, a registered letter will be considered received 30 days after receipt at the post office, even if the recipient does not come for it. That is, the resolution will become valid 30 days after it was received at the post office at the place of registration of the fined person.
Validity period of the resolution
The offender is given 10 days to appeal the decision in court. If the driver did not have time to appeal the decision within the allotted time, he can file a petition with the court to restore the appeal period.
For 2018, persons who have been issued a fine are given 60 calendar days to pay it off. At the same time, a 50% discount is provided for citizens who pay fines within 20 days after the decision on imposition of punishment comes into force.
If such a penalty is not paid within the established time frame, the violator will be given a new fine twice as large as the original one, or he may be arrested for 15 days or forced to do 120 hours of compulsory labor. However, if this does not happen and 2 years and 10 days have passed since the receipt of the decision on the administrative penalty, the fine is considered canceled and does not need to be paid.
When is cancellation not possible?
After the deadline for timely payment of the penalty expires, traffic police officers have the right to transfer the case to bailiffs for execution. Then the decision to impose punishment becomes unlimited. That is, if the case is transferred to the bailiffs, the traffic police fines will never expire.
The resolution will become indefinite even after government officials (traffic police officers, bailiffs) prove that the recipient is evading receiving notice of penalties. An example of such evidence is the words of the draft dodger himself or the testimony of neighbors at the place of registration that the citizen does not live at the address where he is registered, and, therefore, the address for delivery of registered letters with a fine is not relevant.
How can bailiffs collect a fine?
Representatives of the executive system have several legal ways to collect penalties from the offender. These include:
- deduction of the amount of fines and penalties from the violator’s salary;
- seizure of the offender’s property (this form of compensation is applied if the offender does not have an official place of work);
- a ban on traveling abroad for persons with unpaid fines.
Thus, in theory, it is possible to avoid paying a fine and not be punished for it if you do not pay a fine for 2 years and do not try to travel abroad, where the existence of penalties will be checked. An important condition remains that the fine should not be transferred to bailiffs during these two years, and this largely depends on the size of the unpaid fine and on the luck of the offender.
Can a driver not pay a fine if his license is confiscated?
In cases where penalties are issued to the violator simultaneously with the confiscation of the license, payment of the penalty becomes inevitable for the driver if he wants to get the license back after the expiration of the confiscation period.
According to the administrative code, the driver’s license is returned only upon payment of all penalties issued to him, regardless of whether the decision on imposing the punishment has expired or not.
Conclusion
Penalties for violating traffic rules expire 2 years and 10 days after the driver receives the decision. If the fines are not paid within the established time frame, the violator will be fined, and the case may be transferred to the hands of the bailiffs. The case transferred to the bailiffs has no expiration date. Bailiffs have the right to seize the violator’s salary or property, prevent the violator from going abroad or put the violator in prison.
It is important for the driver to know how long it takes for traffic police fines to be canceled
When using a car, it is difficult to always avoid fines. Sometimes a violation will be recorded by an inspector; a situation is possible when this occurs based on the operation of technical means, without human participation. An administrative violation will be reported and, most likely, a fine will be imposed. Is it possible to evade payment for a certain time and after how long are traffic police fines cancelled? The article will tell you about this in more detail.
The driver who violated the traffic rules has 10 days to appeal the protocol
Once the protocol is drawn up, the culprit is given 10 days to appeal. After the period has expired, the punishment is considered to have come into force.
The following penalties may be imposed:
- Fine.
- Arrest for a period of no more than 15 days.
- 50 hours of free, community service. Usually we are talking about cleaning the streets.
In most cases a fine is applied. The rest of the punishments are applied mostly to those who systematically commit such violations.
If the perpetrator of the violation must pay a fine, he is given a sufficient period of time so that he can do so calmly. It includes:
- 10 days when the law provides the right to appeal an administrative protocol.
- 60 days within which he can make payment.
- 10 days, which usually takes to transfer the case to the enforcement service.
If the fine exceeds the driver’s financial capabilities, he has the right to apply for a deferred payment or installment plan. In the first case, he is allowed to make payment over an additional month. If an installment plan is granted, its duration is usually three months.
Statute of limitations
If a violation occurred and a fine was not imposed within two months after that, then it is no longer possible to be held accountable for it.
However, if a protocol was drawn up and the culprit received notification that he had been assigned a fine, then in this case the statute of limitations will be two years.
If you want to challenge it, you need to do this as quickly as possible - within the first ten days after notification.
It begins from the expiration of 10 days after the culprit receives a request to pay a fine. If he refused to pick up the notice or it was returned due to the absence of the addressee, then this period also begins to count.
It is possible to interrupt the period under consideration. One possible reason for this is malicious evasion of payment of money.
Penalties
When you need to pay a fine, you can pay immediately. After that you can forget about it.
Some people think that it is better to wait to pay. In this case the following will happen:
- At first, the state will simply wait. According to the law, this period consists of the time to appeal the administrative protocol (10 days) and the 60-day period provided for paying the fine. In addition, no more than 10 days will pass until the documents are transferred to the bailiff service.
- The law further defines additional sanctions. Here we are talking about additional fines, arrest or correctional labor.
- A fine exceeding 10,000 rubles, if not paid, is grounds for a ban on traveling abroad.
- If at this time it is necessary to register the car with the traffic police or remove it from it, most likely the employees will not show understanding. Although this does not correspond to the letter of the law, until the fine is paid, problems during registration are quite possible.
- When stopped by an inspector, he will check for unpaid fines and, if there are any, will approach the violation more strictly.
- A police officer has the right to detain until the circumstances of non-payment are clarified at the station, and to send the car to the impound lot during this time.
- As a punishment, deprivation of your driver's license is possible.
Fines are assessed by the executive service and represent an additional double fine, which cannot be less than 1000 rubles.
An example calculation looks like this. Let's assume that the initial fine was 1,000 rubles. Additionally, the executive service will impose another fine equal to 2,000 rubles. In total, you will need to pay 3,000 rubles. instead of 1 thousand.
A 7% fine is also provided.
If it is determined that the culprit is deliberately hiding, the statute of limitations will be suspended until he is found. In addition, if it is necessary to pay for the work of bailiffs, then money for this will also be collected from the debtor.
How can a fine be collected?
If you do not pay, the bailiffs have the right to write off the required amount from the bank account.
They also have the right to seize property and arrange for its sale. The money received as a result will be used to pay fines.
How to check
On the website of the enforcement service there is a list of those who need to pay a fine. Anyone can have access to the list. It is recommended to occasionally check the presence of fines and whether the fact of payment is reflected there in a timely manner.
If it happens that the statute of limitations for a fine has expired, it still remains in the database. Although there is no longer an obligation to pay for it, data about it will appear every time the list is checked.
Conclusion
Of course, you can try to wait out the two-year statute of limitations, hoping that the fine will simply be forgotten. If the fine is minor, the chances of this happening will be higher. However, in fact we are talking about a kind of roulette game. There are enough opportunities to influence the defaulter on the part of the state. It is much easier and more convenient to pay the fine on time.
Statute of limitations for paying traffic fines
- Statute of limitations
- — statute of limitations for fines from cameras
- - expiration date for bailiffs
- Due date
- If you don't pay the fine
- - if the fine is overdue
- — does a subpoena arrive?
- Question answer
The article is quite complex for an unprepared user (without experience in understanding the laws), so let’s start with a question and answer, and if you are interested in the details, read the entire article :)
Question answer
Within 60 days from the date of entry into force of the resolution. (within 70 days from the date of delivery of the decision)
If payment is not made, the traffic police fine will be canceled after two years.
There is no deadline for writing off traffic fines, that is, it will always be in the database, it is important that it is paid.
No, the case is closed upon application when the fine expires.
The period for enforcement proceedings on traffic police fines is 2 years; after this period you cannot be held accountable, but the fines are not reset.
You will have 60 days from the date of entry into force of the resolution to make payment. (within 70 days from the date of delivery of the decision)
You will have 60 days from the date of entry into force of the resolution to make payment.
A fine of double the amount, but not less than 1000 rubles.
Arrest up to 15 days.
Mandatory work until 15:00.
Within 20 days from the date of receipt of the decision.
If traffic police fines are not paid on time, they can issue a fine of double the amount, but not less than 1000 rubles, arrest for up to 15 days, and assign compulsory work for up to 15 hours. If the amount exceeds 10,000 rubles, they may be prohibited from leaving the country and removed from driving the vehicle.
If you do not pay a fine for a long time, this may become a reason for applying more serious sanctions against you. To prevent this from happening, we advise you to familiarize yourself with all the pitfalls in this matter.
What is the statute of limitations for traffic fines?
There are three situations when the statute of limitations is considered:
The inspector stopped him for violating traffic rules, but did not issue an order.
The case was brought to court, but you have not yet been summoned to the hearing.
You have been ordered to pay a fine.
In each case, there is a period after which you will not be held accountable.
There are often situations when a traffic police officer stopped you and returned your documents, but at the same time informed you that he would draw up a protocol later and you would need to drive up and pick it up.
Remember, until you receive the resolution in your hands, it cannot enter into legal force.
According to Part 1 of Article 4.5 of the Code of Administrative Offenses of the Russian Federation, if within two months you have not been issued a decree and have not handed it over, then they simply do not have the right to hold you accountable.
Your case was sent to court, but there is no result of the hearing within 3 months, then, according to the same part 1 of Article 4.5 of the Code of Administrative Offenses of the Russian Federation, the validity period of this issue will expire and will simply be irrelevant.
Unpaid car fines also have a validity period, which is two years from the date of entry into force. But there is one caveat: if the debtor is discovered after this period has expired, the punishment can be renewed and an administrative penalty imposed. To prevent this, you need to come to the traffic police and write a statement with a request to stop processing the offense upon expiration.
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.
Part 1 of Article 31.9 of the Code of Administrative Offenses of the Russian Federation
Therefore, if you have any fines, you should be careful on the road, because if you are stopped by an inspector, he will most likely check you for debt in relation to administrative offenses.
Is there a statute of limitations for fines from cameras?
As you know, not all violations can be recorded by a video camera, but a resolution will still be drawn up and sent to your postal address at the place of registration.
Often, such letters take a long time to reach the recipient or may even be lost. Regardless of how the protocol was drawn up, fines from video recording cameras of violations also have a statute of limitations of two years from the date it came into force.
What is the expiration date for traffic police fines issued by bailiffs?
When a ruling is made, you are given 10 days to appeal it. If the driver decides not to appeal, then after this period he will have 60 days to find funds and pay the debt. But the most interesting thing will happen when these two months pass. The case will be brought to court, after which, within 24 months, bailiffs will begin to look for you, and any ordinary checks by a traffic police officer may result in administrative arrest.
In other words, the shelf life of fines issued by bailiffs is equal to the statute of limitations in the traffic police, that is, two years.
But, we remind you that if you do not send the corresponding application to the traffic police after two years, then as soon as you are “identified”, the case can be resumed.
Deadlines for payment of traffic police fines by law
Once you are issued a ruling, you will have 10 days to appeal it.
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.
Part 1 of Article 30.3 of the Code of Administrative Offenses of the Russian Federation
After this, the period for paying traffic police fines begins, since the document comes into force after the end of the period provided for appeal.
An administrative fine must be paid in full by a person held administratively liable no later than sixty days from the date of entry into force of the decision to impose an administrative fine, except for the cases provided for in parts 1.1, 1.3 and 1.4 of this article, or from the date of expiration deferment or installment period provided for in Article 31.5 of this Code.
Part 1 of Article 32.2 of the Code of Administrative Offenses of the Russian Federation
Based on what is written above, you are given time to pay off the fine, which is 60 days.
If you are sure that you will not appeal and want to pay the debt as soon as possible, then first check whether your violation falls under one of the following:
Driving a vehicle that is not registered in the prescribed manner (Part 1 of Article 12.1 of the Code of Administrative Offenses of the Russian Federation).
Driving or handing over the steering wheel to a person who is intoxicated (Article 12.8 of the Code of Administrative Offenses of the Russian Federation).
Repeated speeding (parts 6 and 7 of Article 12.9 of the Code of Administrative Offenses of the Russian Federation).
Repeated driving through a red traffic light (Part 3 of Article 12.12 of the Code of Administrative Offenses of the Russian Federation).
Repeated entry into the oncoming lane (Part 5 of Article 12.15 of the Code of Administrative Offenses of the Russian Federation).
Repeated movement in the opposite direction on a one-way road (Part 3.1 of Article 12.16 of the Code of Administrative Offenses of the Russian Federation).
Causing minor or moderate harm to health (Article 12.24 of the Code of Administrative Offenses of the Russian Federation).
Refusal of a medical examination (Article 12.26 of the Code of Administrative Offenses of the Russian Federation).
Drinking alcohol after an accident (Part 3 of Article 12.27 of the Code of Administrative Offenses of the Russian Federation).
If your violation is not on this list, then from the date of the decision, within 20 days you will be given a 50% discount to pay the fine.
What happens if you don’t pay the traffic police fine?
Traffic police fines may not be paid within 70 days from the date of delivery of the decision, where 10 days are given for appeal. However, after this period of time, liability is provided for non-payment of traffic police fines, which is regulated by part 1 of article 20.25 of the Code of Administrative Offenses of the Russian Federation.
Failure to pay an administrative fine within the period provided for by this Code entails the imposition of an administrative fine in the amount of twice the amount of the unpaid administrative fine, but not less than one thousand rubles, or administrative arrest for a term of up to fifteen days, or compulsory labor for a term of up to fifty hours.
Part 1 of Article 20.25 of the Code of Administrative Offenses of the Russian Federation
In other words, if you are in debt, the fine for non-payment will be twice the amount of the fine, but not less than 1000 rubles.
But, according to Part 3 of the Note to Part 1 of Article 20.25 of the Code of Administrative Offenses of the Russian Federation, if you do not pay traffic police fines from cameras, then arrest is not applied.
Administrative arrest provided for in Part 1 of this article cannot be applied to a person who has not paid an administrative fine for committing an administrative offense provided for in Chapter 12 of this Code and recorded using special technical means operating automatically and having the functions of photography, filming, and video recording. , or means of photography, filming, and video recording.
Part 3 Notes to Part 1 of Article 20.25 of the Code of Administrative Offenses of the Russian Federation
We can conclude that if you have not paid the traffic police fine received using photo or video cameras, then you should either pay it with a 50% discount before it becomes twice as large, or hope for the statute of limitations. Read more about the 50 percent discount here.
What to do if the fine is overdue?
As you know, the traffic police imposes administrative penalties for late payment of a fine. To avoid it, and the case was not sent to court for re-examination and further transfer to bailiffs, the debt should be paid off.
When the traffic police fine is not paid within 60 days, the court, in most cases, imposes an administrative fine of double the amount, unless, of course, you are a persistent defaulter. To avoid harsher punishment, it is better to pay the specified amount.
If you do not pay the fine for more than a year, and traffic police officers do not stop you for checks, and a summons to court does not arrive in the mail, then the bailiffs are not looking for you and you can wait until the expiration of the statute of limitations (2 years) and close this fine after this period has expired. State traffic inspectors.
Are they summoned to court for failure to pay a fine?
What kind of administrative punishment to impose on you for failure to pay a fine is decided by the court, and bailiffs will monitor its implementation.
To conduct a hearing, you will definitely be summoned to court to serve a repeated ruling indicating the violation and the sanctions against you:
Double fine.
Arrest up to 15 days.
Mandatory work until 15:00.
Also, if the amount of debt is more than 10,000 rubles, then the bailiffs have the right to impose on you a ban on leaving the territory of the Russian Federation (clause 1, part 1, article 67 of the Federal Law of October 2, 2007 No. 229-FZ), as well as a temporary restriction on the use of a special right in the form of driving a vehicle (deprivation of rights).
If a debtor-citizen or a debtor who is an individual entrepreneur fails to fulfill, within the period established for voluntary execution, without good reason, the requirements contained in the enforcement document for the collection of alimony, compensation for harm caused to health, compensation for harm in connection with the death of the breadwinner, property damage and (or) moral damage caused by a crime, claims of a non-property nature related to raising children, as well as claims for the collection of an administrative fine imposed for violating the procedure for using a special right, the bailiff has the right, at the request of the claimant or on his own initiative, to issue a resolution on a temporary restriction on the use of the debtor special right. If the requirements of the executive document for the collection of an administrative fine imposed for violating the procedure for using a special right are not fulfilled, the debtor may be limited in the use of only this special right.
Part 2 of Article 67.1 of the Federal Law of October 2, 2007 No. 229-FZ
As soon as you receive a letter saying that enforcement proceedings have been initiated against you, you will have 5 days to voluntarily pay off your debts, otherwise, otherwise, you will not be released from the country, removed from driving the vehicle, and also blocked funds in accounts.
The period for voluntary execution is five days from the date the debtor receives the resolution to initiate enforcement proceedings, unless otherwise established by this Federal Law.
Part 12 of Article 30 of the Federal Law of October 2, 2007 No. 229-FZ
To avoid all this red tape and not regret what you have done, we advise you to periodically check for fines, as well as make timely payment of debt.
Statute of limitations for paying traffic fines
- Statute of limitations
- — statute of limitations for fines from cameras
- - expiration date for bailiffs
- Due date
- If you don't pay the fine
- - if the fine is overdue
- — does a subpoena arrive?
- Question answer
Question answer
Within 60 days from the date of entry into force of the resolution. (within 70 days from the date of delivery of the decision)
If payment is not made, the traffic police fine will be canceled after two years.
There is no deadline for writing off traffic fines, that is, it will always be in the database, it is important that it is paid.
No, the case is closed upon application when the fine expires.
The period for enforcement proceedings on traffic police fines is 2 years; after this period you cannot be held accountable, but the fines are not reset.
You will have 60 days from the date of entry into force of the resolution to make payment. (within 70 days from the date of delivery of the decision)
You will have 60 days from the date of entry into force of the resolution to make payment.
A fine of double the amount, but not less than 1000 rubles.
Arrest up to 15 days.
Mandatory work until 15:00.
Within 20 days from the date of receipt of the decision.
If traffic police fines are not paid on time, they can issue a fine of double the amount, but not less than 1000 rubles, arrest for up to 15 days, and assign compulsory work for up to 15 hours. If the amount exceeds 10,000 rubles, they may be prohibited from leaving the country and removed from driving the vehicle.
If you do not pay a fine for a long time, this may become a reason for applying more serious sanctions against you. To prevent this from happening, we advise you to familiarize yourself with all the pitfalls in this matter.
What is the statute of limitations for traffic fines?
There are three situations when the statute of limitations is considered:
The inspector stopped him for violating traffic rules, but did not issue an order.
The case was brought to court, but you have not yet been summoned to the hearing.
You have been ordered to pay a fine.
In each case, there is a period after which you will not be held accountable.
There are often situations when a traffic police officer stopped you and returned your documents, but at the same time informed you that he would draw up a protocol later and you would need to drive up and pick it up.
Remember, until you receive the resolution in your hands, it cannot enter into legal force.
According to Part 1 of Article 4.5 of the Code of Administrative Offenses of the Russian Federation, if within two months you have not been issued a decree and have not handed it over, then they simply do not have the right to hold you accountable.
Your case was sent to court, but there is no result of the hearing within 3 months, then, according to the same part 1 of Article 4.5 of the Code of Administrative Offenses of the Russian Federation, the validity period of this issue will expire and will simply be irrelevant.
Unpaid car fines also have a validity period, which is two years from the date of entry into force. But there is one caveat: if the debtor is discovered after this period has expired, the punishment can be renewed and an administrative penalty imposed. To prevent this, you need to come to the traffic police and write a statement with a request to stop processing the offense upon expiration.
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.
Part 1 of Article 31.9 of the Code of Administrative Offenses of the Russian Federation
Therefore, if you have any fines, you should be careful on the road, because if you are stopped by an inspector, he will most likely check you for debt in relation to administrative offenses. What happens if you don’t pay the fine, read our article.
Is there a statute of limitations for fines from cameras?
As you know, not all violations can be recorded by a video camera, but a resolution will still be drawn up and sent to your postal address at the place of registration.
Often, such letters take a long time to reach the recipient or may even be lost. Regardless of how the protocol was drawn up, fines from video recording cameras of violations also have a statute of limitations of two years from the date it came into force.
What is the expiration date for traffic police fines issued by bailiffs?
When a ruling is made, you are given 10 days to appeal it. If the driver decides not to appeal, then after this period he will have 60 days to find funds and pay the debt. But the most interesting thing will happen when these three months pass. The case will be brought to court, after which, within 22 months, bailiffs will begin to look for you, and any ordinary checks by a traffic police officer may end in a bullpen.
In other words, the shelf life of fines issued by bailiffs is equal to the statute of limitations in the traffic police, that is, two years.
But, we remind you that if you do not send the corresponding application to the traffic police after two years, then as soon as you are “identified”, the case can be resumed.
Deadlines for payment of traffic police fines by law
Once you are issued a ruling, you will have 10 days to appeal it.
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.
Part 1 of Article 30.3 of the Code of Administrative Offenses of the Russian Federation
After this, the period for paying traffic police fines begins, since the document comes into force after the end of the period provided for appeal.
An administrative fine must be paid in full by a person held administratively liable no later than sixty days from the date of entry into force of the decision to impose an administrative fine, except for the cases provided for in parts 1.1, 1.3 and 1.4 of this article, or from the date of expiration deferment or installment period provided for in Article 31.5 of this Code.
Part 1 of Article 32.2 of the Code of Administrative Offenses of the Russian Federation
Based on what is written above, you are given time to pay off the fine, which is 60 days.
If you are sure that you will not appeal and want to pay the debt as soon as possible, then first check whether your violation falls under one of the following:
Driving a vehicle that is not registered in the prescribed manner (Part 1 of Article 12.1 of the Code of Administrative Offenses of the Russian Federation).
Driving or handing over the steering wheel to a person who is intoxicated (Article 12.8 of the Code of Administrative Offenses of the Russian Federation).
Repeated speeding (parts 6 and 7 of Article 12.9 of the Code of Administrative Offenses of the Russian Federation).
Repeated driving through a red traffic light (Part 3 of Article 12.12 of the Code of Administrative Offenses of the Russian Federation).
Repeated entry into the oncoming lane (Part 5 of Article 12.15 of the Code of Administrative Offenses of the Russian Federation).
Repeated movement in the opposite direction on a one-way road (Part 3.1 of Article 12.16 of the Code of Administrative Offenses of the Russian Federation).
Causing minor or moderate harm to health (Article 12.24 of the Code of Administrative Offenses of the Russian Federation).
Refusal of a medical examination (Article 12.26 of the Code of Administrative Offenses of the Russian Federation).
Drinking alcohol after an accident (Part 3 of Article 12.27 of the Code of Administrative Offenses of the Russian Federation).
If your violation is not on this list, then from the date of the decision, within 20 days you will be given a 50% discount to pay the fine.
What happens if you don’t pay the traffic police fine?
Traffic police fines may not be paid within 70 days from the date of delivery of the decision, where 10 days are given for appeal. However, after this period of time, liability is provided for non-payment of traffic police fines, which is regulated by part 1 of article 20.25 of the Code of Administrative Offenses of the Russian Federation.
Failure to pay an administrative fine within the period provided for by this Code entails the imposition of an administrative fine in the amount of twice the amount of the unpaid administrative fine, but not less than one thousand rubles, or administrative arrest for a term of up to fifteen days, or compulsory labor for a term of up to fifty hours.
Part 1 of Article 20.25 of the Code of Administrative Offenses of the Russian Federation
In other words, if you are in debt, the fine for non-payment will be twice the amount of the fine, but not less than 1000 rubles.
But, according to Part 3 of the Note to Part 1 of Article 20.25 of the Code of Administrative Offenses of the Russian Federation, if you do not pay traffic police fines from cameras, then arrest is not applied.
Administrative arrest provided for in Part 1 of this article cannot be applied to a person who has not paid an administrative fine for committing an administrative offense provided for in Chapter 12 of this Code and recorded using special technical means operating automatically and having the functions of photography, filming, and video recording. , or means of photography, filming, and video recording.
Part 3 Notes to Part 1 of Article 20.25 of the Code of Administrative Offenses of the Russian Federation
We can conclude that if you have not paid the traffic police fine received using photo or video cameras, then you should either pay it with a 50% discount before it becomes twice as large, or hope for the statute of limitations.
What to do if the fine is overdue?
As you know, the traffic police imposes administrative penalties for late payment of a fine. To avoid it, and the case was not sent to court for re-examination and further transfer to bailiffs, the debt should be paid off.
When the traffic police fine is not paid within 60 days, the court, in most cases, imposes an administrative fine of double the amount, unless, of course, you are a persistent defaulter. To avoid harsher punishment, it is better to pay the specified amount.
If you do not pay the fine for more than a year, and traffic police officers do not stop you for checks, and a summons to court does not arrive in the mail, then the bailiffs are not looking for you and you can wait until the expiration of the statute of limitations (2 years) and close this fine after this period has expired. State traffic inspectors.
Are they summoned to court for failure to pay a fine?
What kind of administrative punishment to impose on you for failure to pay a fine is decided by the court, and bailiffs will monitor its implementation.
To conduct a hearing, you will definitely be summoned to court to serve a repeated ruling indicating the violation and the sanctions against you:
Double fine.
Arrest up to 15 days.
Mandatory work until 15:00.
Also, if the amount of debt is more than 10,000 rubles, then the bailiffs have the right to impose on you a ban on leaving the territory of the Russian Federation (clause 1, part 1, article 67 of the Federal Law of October 2, 2007 No. 229-FZ), as well as a temporary restriction on the use of a special right in the form of driving a vehicle (deprivation of rights).
If a debtor-citizen or a debtor who is an individual entrepreneur fails to fulfill, within the period established for voluntary execution, without good reason, the requirements contained in the enforcement document for the collection of alimony, compensation for harm caused to health, compensation for harm in connection with the death of the breadwinner, property damage and (or) moral damage caused by a crime, claims of a non-property nature related to raising children, as well as claims for the collection of an administrative fine imposed for violating the procedure for using a special right, the bailiff has the right, at the request of the claimant or on his own initiative, to issue a resolution on a temporary restriction on the use of the debtor special right. If the requirements of the executive document for the collection of an administrative fine imposed for violating the procedure for using a special right are not fulfilled, the debtor may be limited in the use of only this special right.
Part 2 of Article 67.1 of the Federal Law of October 2, 2007 No. 229-FZ
As soon as you receive a letter saying that enforcement proceedings have been initiated against you, you will have 5 days to voluntarily pay off your debts, otherwise, otherwise, you will not be released from the country, removed from driving the vehicle, and also blocked funds in accounts.
The period for voluntary execution is five days from the date the debtor receives the resolution to initiate enforcement proceedings, unless otherwise established by this Federal Law.
Part 12 of Article 30 of the Federal Law of October 2, 2007 No. 229-FZ
To avoid all this red tape and not regret what you have done, we advise you to periodically check for fines, as well as make timely payment of debt.