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Statute of limitations for administrative fines for traffic violations

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.

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Statute of limitations for administrative traffic violations in 2018

The statute of limitations for administrative liability is the period of time after which the prosecution of administrative violations ceases. This rule is regulated by Art. 4.5 of the Code of Administrative Offenses of the Russian Federation and is also valid for those who have violated traffic rules. This article will provide information about the terms and circumstances that allow you to avoid prosecution under the Code of Administrative Offenses for traffic violations.

How are the statute of limitations regulated under the Code of Administrative Offenses of the Russian Federation?

Article 4.5 of the Code of Administrative Offenses of the Russian Federation establishes a clear dependence of the statute of limitations on the type of violation. If we are talking about traffic rules, the period for terminating administrative prosecution ranges from 2 to 12 months.

Important! The statute of limitations begins on the date of the fact and official registration of the offense.

Part 1 of Article 4.5 of the Code of Administrative Offenses of the Russian Federation regulates the following statutes of limitations for administrative offenses:

  • 2 months. Violations that are submitted for consideration by officials (traffic police or traffic police officers). These include fines for exceeding the established speed limit, ignoring traffic signs or having an unreadable vehicle registration number.
  • 3 months. Violations that are subject to review through the courts. In most cases, these include offenses that result in a large fine or loss of your driver's license (driving while intoxicated, driving in the opposite direction on a one-way road, or fleeing the scene of an accident).

Under certain clauses of the Code of Administrative Offenses, for several violations, the statute of limitations for bringing to administrative responsibility is 12 months. These include:

  • Art. 12.8 – transfer of control of a vehicle to third parties while intoxicated;
  • Art. 12.24 – violations of traffic rules that resulted in mild or moderate harm to health;
  • Art. 12.26 – refusal to undergo mandatory medical examination;
  • Part 3 Art. 12.27 – use of alcohol or drugs after an accident;
  • Part 2 Art. 12.30 – violation of traffic rules while intoxicated by a passenger, pedestrian or cyclist.

How is the statute of limitations used under AP?

If any road user violated traffic rules and was not officially held accountable from the moment the violation was committed until the expiration of the statute of limitations, there are no legal grounds for further prosecution.

On September 1, 2017, the driver of the vehicle exceeded the permissible speed limit of 40 km/h on a separate section of the road and was driving at a speed of 70 km/h. Another traffic participant in his car with a video recorder recorded this violation and decided to bring the violator to administrative responsibility. To do this legally, all evidence must be transferred and registered by state inspectors within 2 months before November 1, 2017. If the violation is officially formalized later than this date, the driver is relieved of responsibility and cannot be subject to administrative punishment .

Is there a regulated period for violations that extend over time?

If in Part 1 of Art. 4.5 of the Code of Administrative Offenses talks about violations that are of an established temporary nature (passing a prohibiting signal, overtaking, etc.), then determining the statute of limitations does not pose any special problems.

But what about such offenses that are committed and not stopped within several days? What to do with the driver of a vehicle who parked the car against the rules and left it for two weeks? At what point should the statute of limitations begin? This point is provided for in Part 2 of Art. 4.5 Code of Administrative Offences.

It introduces a special term “continuing offenses”, for which the driver of a vehicle is held accountable not from the beginning of the offense, but from the moment of detection and recording. It is this rule that inspectors are guided by when they issue a fine and evacuate an illegally parked car to a impound lot.

There are not many traffic violations that fall under the term “ongoing.” Most of them usually involve improper parking.

Some drivers mistakenly believe that driving a vehicle with an expired insurance policy or with less than 70% light transmittance on tinted windows is a continuing violation. This is wrong.

The punishment in this case is established not for the lack of a policy itself, but precisely for the fact of management under such circumstances. If the car just stays in the parking lot, there will be no punishment. But as soon as the driver gets behind the wheel and starts driving, he can be fined by any of the traffic police officers.

Rules for determining statutes of limitations

There is a special procedure for determining the statute of limitations for an administrative offense. Thus,

  • the course of the established period begins on the next calendar day from the date of the event;
  • periods calculated in days end at 24 hours;
  • terms that are calculated in months end on the last calendar day of the month;
  • if the end of the period falls on a non-working day, then it is postponed to the first nearest working day;
  • the deadline is not considered missed if the documents are submitted to the authorities or transferred to authorized persons before 24 hours of the last established day.

Conclusion

The driver may be held accountable for an administrative offense within the first two or three months. In some cases this period may be extended to 12 months. It is possible to charge a driver for a continuing offense from the moment it is recorded and during the specified period of time.

Statute of limitations for traffic police fines

Even the most law-abiding motorists do not always manage to avoid crimes, and there are also drivers who have to communicate with traffic police officers almost constantly. It is mandatory to pay the issued fines, otherwise you may fall under the provisions of Article No. 25.20, which states that for evasion of payment a double amount may be charged, and the violator may be sent to the penitentiary for up to 15 days. Despite such strict measures, traffic police fines have a statute of limitations.

What violations are considered administrative?

Administrative liability is understood as a legal way of influencing violators of established rules in one or another area of ​​public life, one of which is road traffic.

Punishments for such offenses are regulated by Article 2.2.1 of the Administrative Code of the Russian Federation. Actions that fall under the concept of administrative offenses, as well as the conditions, amount and type of punishment that follows, are defined in Chapter 12 of the current Administrative Code.

Important! Drawing up a protocol is not yet proof of a violation. This is only the first procedural procedure in preparation for the consideration of the case. A document is drawn up by a traffic police officer who has determined that a traffic violation has occurred.

It is important to familiarize yourself with what is written in the protocol. If there is no other evidence of what happened - photos, video recordings, witnesses, then when making a decision, the main evidence of the driver’s guilt will be the protocol. Based on this, a decision will be made on the punishment and amount of payment.

Note! Since October 2017, a change came into force according to which, after drawing up a protocol, a case of administrative liability can be considered initiated. At the same time, the Administrative Code regulates the period when it must be drawn up:

  • within 2 days after the offense;
  • immediately on the spot;
  • within the time necessary to conduct an investigation, if required by the offence.

The document describes many cases in which a violation will be recognized as administrative. Among them:

  • driving a car without the appropriate documents (licence, MTPL policy, registration documents for the car);
  • transfer of control to a person who does not have a driver’s license;
  • installation of lights on the front panel that have colors that do not comply with the rules;
  • illegally painting a car with color schemes corresponding to taxis or other services;
  • driving into the oncoming lane;
  • driving in the opposite direction on a one-way road;
  • driving through a red signal from an electronic traffic controller;
  • driving a car that is not registered in the traffic police database;
  • driving a car with faulty brakes, clutch, or gearbox;
  • presence of car tinting on windows without appropriate permission;
  • improper parking of the vehicle;
  • failure to use seat belts by the driver and passengers;
  • over speed.

Limitation periods for fines and violations

Information on the statute of limitations for any violations is recorded in Article 31.9 of the Code of Administrative Responsibility. So, if the punishment has not been collected within two years, then after this period it does not apply. It should, however, be taken into account at what point this period begins to count, as well as the fact that if it is proven that the offender was intentionally hiding from the bailiffs, the punishment will be doubled.

As for the period from which 2 years must be counted, then:

  • a resolution to commit an offense and to impose a penalty for it must be issued no later than 2 months after the commission of the offense or 3 months if it was necessary to conduct an investigation;
  • it comes into force 10 days after the protocol is drawn up, during this period it is possible to appeal the verdict and punishment;
  • if it is established and proven (in practice this is quite difficult to do) that the violator is hiding from the bailiffs, the statute of limitations will be extended, his property, income, accounts will be seized, and the fine will be increased from the moment the violators or his property are found .

In practice, this means that if the driver is lucky and for 2 years he simply forgot about the offense, but a few days before the end of the statute of limitations he receives a summons from the bailiffs - from that moment the countdown of a new 2-year period begins.

The Administrative Code (Part 2 of Article 31.9) clearly states that if a person hides from responsibility and evades execution of the punishment determined by the resolution, the statute of limitations is renewed from the moment the violator, his belongings or income are found.

Even if state bailiffs spent 23 out of 24 months searching for the driver, they will have grounds to reopen the case and impose additional penalties. If no one has looked for the driver for 2 years, then you can safely forget about the fine.

How long are fines stored in the traffic police database?

However, despite the write-off of administrative fines, information about them will be stored in the State Traffic Inspectorate database under the status “unpaid.” The storage period for fines in the traffic police database has not been established. According to Article 17 of the Federal Law “On the Police”, this information is considered personal data. Consequently, their owner, the driver, has the legal right to request their provision and then removal.

The only possible option that the fine will still be “burnt” is if the case was not transferred to the bailiff service. But fines are written off in this way extremely rarely. When the FFSP takes over the case, there is practically no hope that measures will not be taken to find the defaulter.

Important! The fine imposed must be paid within 60 days before the documents are handed over to the bailiff service. This is stated in Part 1 of Article 32.2 of the Code of Administrative Offenses of the Russian Federation.

Also, after the decision, 10 days are given to appeal it legally. This period is counted from the date of delivery of the decision. Part 1 of Article 31.1 states that only after this period has passed, the resolution comes into force.

The deadlines are the same for fines from cameras and reports issued by inspectors.

If you do not pay the fine on time, the following consequences are possible:

  • imposition of a penalty in double amount (not less than 100 rubles);
  • administrative arrest for up to 15 days;
  • up to 50 hours of forced labor.

After the case reaches the bailiffs, they have the right to suspend the driver’s license if the driver’s debt exceeds 10,000 rubles. When such a debt amount is reached, the driver is also prohibited from traveling outside of Russia. Such amendments came into force in 2018.

Interesting! According to official statistics, 35% of drivers who violate the rules do not pay fines.

After the fine has not been paid within two months and the case has been transferred to the department of the Federal Bailiff Service, they will send a notice to the house about the start of additional proceedings. Upon receipt, the violator still has 5 days to voluntarily pay the fine; if this does not happen, then the bailiffs have the right to begin search activities regarding the property and income of the defaulter.

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The specific measure will be determined by the court and depend on the amount of the fine and the severity of the offense. At the same time, the Code does not allow arrest if the violator was registered using external cameras - he can only be fined.

Many believe that the bailiffs will not look for the driver if the amount of the fine imposed is insignificant. In practice, there are cases where violators were held accountable for unpaid 500 rubles. in favor of the traffic police.

Instead of hoping that “perhaps” the perpetrators will forget about the offense and the statute of limitations will expire in two years, it is recommended to pay all fines on time. Moreover, since 2016, the traffic police has offered a 50% discount on fine payments to those who do everything on time. Provided that the driver was previously an impeccable road user, and the violation was not committed while under the influence of alcohol or drugs.

Roadside check

If, having an unpaid fine, you get caught by the State Traffic Inspectorate again, you can get into bigger troubles. At the same time, if the driver has been deprived of his license, then it is impossible to pick them up without paying a fine simply after the expiration of the limitation period for traffic police fines, because you will have to go through the procedure of contacting the traffic police, and then the fact of non-payment will come out - the data will be stored in the database until the expiration of the period.

Risk of repeat violation

In the Administrative Code there is a concept of repeated commission of an offense. It means that the citizen committed the same offense within the framework of law not 1, but 2 or more times. In such cases, more severe punishment is provided. It’s even worse if the driver is “caught” and already has an unpaid fine.

To understand in which case an offense will be considered a repeat offense, you need to consider that:

  • upon expiration of the two-year statute of limitations, proceedings to bring the driver to justice are immediately stopped (in accordance with Article 31.10 of the Administrative Code);
  • a citizen is considered to be held accountable within 1 year after the completion of all procedural procedures (in accordance with Article 4.6).

Definition of repeat offense

Through simple calculations, we find that if, after failing to pay the first fine, an offense is committed within 3 years and 10 days (to appeal the decision), it will be considered repeated and usually provides for a tougher punishment for the same offense.

However, everything is not so simple, and in fact the countdown times may differ in different cases:

  • if the fine has been paid, then from the moment of its full payment;
  • if not, then from the day on which the statute of limitations expires;
  • if the driver was deprived of his license, then from the moment of their return.

You need to be prepared for the fact that when the inspector records a violation, he will also check whether the driver has unpaid fines (not only in Moscow or other localities, but in Russia as a whole) and other offenses during the last year . To do this, a request is made to the duty department using the driver's license number. The inspector does not impose a punishment on his own; he sends the driver’s case to the court or the police.

Discount for on-time payment

Punishment for repeated traffic violations

Depending on what specific rule of enforcement law the driver did not comply with, the measures taken will differ. We can definitely say that they will be an order of magnitude stricter than the first time:

  • for driving an unregistered car you will have to pay a fine of 5 thousand rubles, and the driver may be deprived of his license for a period of 1 to 3 years;
  • for exceeding the speed limit of 40 km/h you will have to pay a fine of 2 to 2.5 thousand rubles;
  • for exceeding 60 to 80 km/h, you can lose your license for up to a year and pay a fine of 5 thousand rubles;
  • repeatedly running a red light is punishable by deprivation of rights for a period of 4 to 6 months and monetary losses in the amount of 5,000 rubles;
  • You can lose your license for a year if you repeatedly enter the oncoming lane or move in the opposite direction on a one-way road, the fine will be 5,000 rubles;
  • Repeated crossing of a crossing with a red signal is punishable by deprivation of your license for a year.

The situation gets worse if the driver is drunk for the second time. In this case, you will have to pay 50 thousand rubles, and also say goodbye to your driving license for the next 3 years. For the first time, driving while intoxicated is punishable by deprivation of your license for a year and a fine of 30 thousand. When the statute of limitations expires, it is still not recommended to be drunk at the wheel, otherwise your license, although not for 3 years, but for a year, will be deprived again.

Traffic police officer on duty

Important! The traffic cop who has recorded a violation cannot determine the punishment on his own. The court makes a decision after considering all the materials in the case.

Conclusion

The best option would be to comply with traffic rules in any situation, and if it was not possible to avoid a violation, then timely payment of the fine as soon as possible. After all, the faster drivers pay the fine, the faster the countdown for the period of repeated violation begins and ends.

Practice shows that waiting until the statute of limitations for traffic police fines expires is not the most reasonable way to solve problems - any check of documents by a traffic police officer will be fraught with the danger of exposure. This threatens not only coercion to pay, but also deprivation of rights, imprisonment and even a ban on leaving the country.

​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”.

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
Read more:  Portable traffic police cameras installation rules

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.

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