Validity period of a resolution on an administrative traffic violation

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 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

Good afternoon, dear reader.

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

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

Statute of limitations for traffic police fines

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

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

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

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

Calculation of the statute of limitations for traffic police fines

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

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

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

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

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

Validity period of the traffic police fine

Over the past 20 years, the state has been actively fighting for order on the roads, improving which ensures the safety of motorists and pedestrians. However, despite all attempts, traffic offenses are detected in huge numbers, although their number decreased significantly in 2018 compared to the same period last year.

The largest number of violations are associated with minor illegal acts of drivers, pedestrians and passengers, ranging from ticketless travel on public transport, lack of insurance and jaywalking to running a red light or speeding up to 40 km/h. These types of violations are easily recorded on camera and do not require special evidence of the driver’s guilt, which makes it possible to create a resolution on the imposition of administrative penalties remotely, without the participation of the driver, and either hand it over to him personally or send it by mail to the official registration address.

Drawing up a resolution to impose a penalty.

In the event that traffic police officers record a more serious offense, in which, by law, they can not only fine the motorist, but also deprive the driver of a driver’s license or prohibit further operation of the vehicle, a protocol of the established form is required. The same procedure is necessary in the event of an accident, the driver disagrees with the charge, or the need to conduct additional examinations on administrative records before imposing a sentence.

Timing for drawing up the protocol

Like any other legal document, the protocol has deadlines for its preparation:

Thus, in most cases of detection of violations, the document is drawn up in the same place at the same moment in the presence of a representative of the law, the violator, the affected persons and witnesses in the case.
In cases where there is a need for additional evidence and evidence in the case (deciphering the registrar’s recording, interrogating witnesses and other involved persons), 2 working days are allotted for drawing up a protocol.
If the case turns out to be complex, and the above measures are insufficient to determine the guilt of the offender and assign him one or another type of punishment in accordance with the Code of Administrative Offenses, laboratory examinations and other examinations of the facts in the case are carried out, and the period for drawing up the contract is extended for the period specified in Article 28.7 Code, but not more than six months.

Important! Regardless of the timing of drawing up the protocol, a person accused of violating traffic rules is not considered exempt from administrative liability.

Jumping in the wrong place.

Validity period of the protocol on administrative offense

The Code of Administrative Offenses of the Russian Federation has two different concepts of an administrative offense, the statute of limitations for which also differ significantly:

In the first case, if protocols for traffic violations are being reviewed, a decision to impose penalties or another type of administrative punishment must be made no later than 2 months after the discovery of the offense and no later than 3 months when the case is considered by a magistrate.
In the second case, a violation of the legislation of the Russian Federation in terms of violation of road safety is considered (driving while intoxicated, drunk driving, refusal of examination and other serious administrative offenses). According to them, the statute of limitations for the administrative protocol is 1 year.

Thus, after a minimum of two months, and a maximum of one year, issuing a resolution to pay a fine becomes impossible. However, if the resolution has been issued, then the protocol is considered to have entered into legal force, however, there is no hope for this today, since law enforcement agencies are trying not to delay the decision and issuing a fine.[/alert

The procedure for setting deadlines after the issuance of a resolution on administrative offenses

The procedure for drawing up and considering a protocol is prescribed by law in various stages, each of which has its own statute of limitations for administrative offenses of the traffic police:

When considered by an authorized traffic police officer, a resolution to pay a fine or impose another type of penalty must be drawn up within 15 working days from the date of drawing up the protocol.
When the case is considered by a judge, the period increases to two months.
If there are various types of petitions from various defendants in the case, the period for consideration of it in court may be extended by decision of the judge for a period not exceeding one month.
After issuing a ruling on a violation, each party to the process is given 10 days to appeal it.

Note! Thus, the maximum period for issuing a decision in a case is 3 months and 10 days if various factors arise that provide a deferment of the decision, after which the decision is not enforceable.

Alcohol test

Validity period of the decision imposing a fine

Any resolution imposing liability for traffic violations has a limited statute of limitations for an administrative fine. As a rule, it is limited to two years, after which it expires and the fine is no longer payable. However, any violator should remember that the period during which it is necessary to pay a fine according to a decision made on the basis of a protocol on an administrative offense or a court decision must be paid within 60 days.

After this period, all cases are automatically transferred to the court, on the basis of which a decision is made to collect the debt. A writ of execution is drawn up, which causes the initiation of enforcement proceedings.

The remaining period of legal validity of the order to pay the fine will be under the strict control of bailiffs, who can apply any restrictions or disciplinary sanctions provided for by law from the violator.

From this time on, the violator becomes a debtor in court, and FSSP employees can impose on him an enforcement fee of 7%, but not less than 500 rubles, depending on the exact amount. Bailiffs can restrict movement abroad, double the fine, send you to correctional labor, put you under arrest for 15 days, and even initiate a criminal case if there is evidence of malicious evasion of debt. Moreover, any accidental contact of the debtor with a representative of law enforcement agencies may result in arrest, after which the period will automatically start again.

Another interesting limitation is the ability of the bailiff to impose a ban on registration of a car until the fines are fully paid. The same restriction applies to drivers who have been deprived of their license for some time for serious offenses, such as driving into the oncoming lane or drinking alcohol while driving, when after the period of deprivation he wants to get the license back, but is unable to do so do. These actions are only possible upon payment of the imposed administrative penalties.

Resolution on imposition of penalty.

Also, since 2017, the powers of bailiffs have included the restriction of the validity of a driver’s license, which during any check at a traffic police post can again end disastrously for the driver, as for a person not allowed to drive vehicles, even if he was not aware of such a measure restrictions passed against him.

So, the legal validity period of a traffic police fine without any problems arising after drawing up and receiving the resolution in hand is 80 days, of which, regardless of whether the culprit files a complaint or not, 10 days; in any case, by law, all executive authorities are obliged to wait. Next, the offender is given the standard 60 days and another 10 days are given to FSSP employees to prepare a writ of execution and initiate enforcement proceedings.

After this, the fine passes from an administrative offense to the result of a court decision. This condition is stated in Article 31.9 of the Code of Administrative Offences.

Validity of fines based on the results of photo recording on the roads

Many drivers want to know how long the traffic police fine is for committing violations under cameras when they receive a letter in the mail containing a decision to impose a penalty. This document is issued by an authorized person - a traffic police officer without drawing up a protocol no later than 2 months after the commission of an illegal act, and after receiving it in hand or finding it in the traffic police database, the violator has 10 days to appeal it, after which the decision must be satisfied , or rejected.

If the driver admits guilt, that is, assumes obligations to pay a fine, the deadlines for execution of the document are the same as when a decision is made by a court decision or on the basis of a protocol on an administrative offense.

Note! With this method of identifying offenses, no additional disciplinary measures in the form of arrest or correctional labor will be imposed on the violator. All that the bailiffs will require from the defaulter is payment of 100% of the fine and the enforcement fee.

Joint raid of bailiffs and traffic police.

Why are traffic police fines reset?

In 2017, the number of cars registered in Russia exceeded the 50 million barrier. This means that almost every third citizen is a car owner. On average, each car owner is caught annually in various categories of violations (including cameras) 12-15 times, which leads to a total number of offenses exceeding 0.5 billion units.

Every offense today must be recorded, archived and stored on the hard drives of the traffic police databases, which takes up a huge amount of memory, and from year to year with the increase in the number of cars there are more and more of them, as a result of which the oldest data must be deleted to be recorded in its place new ones, and without evidence of an offense, the relevance of the penalty itself disappears. As a result, the fine expires and is reset to zero.

Therefore, all authorized authorities make maximum efforts and disciplinary measures for the debtor until the evidence base loses its relevance, and after that the debts are written off as the ineffective work of the executive authorities, which annually undergoes reforms that improve the quality of its work.

The second reason is the acute lack of funding for law enforcement and judicial authorities, since if total control is established over each debtor, the budget for the implementation of this plan will need to be increased by an amount exceeding the amount of enforcement fees from all debtors. The same applies to photo and video recording equipment on the roads.

Private means of recording traffic violations.

The last problem, by the way, is being actively solved on Russian roads by attracting private investment, when a civilian has the opportunity to purchase a camera of an established type, update the calibration certificate for its components every 3 months and, placing it on the road, independently record violations of the speed limit by citizens by sending data to the traffic police department and receiving percentage deductions from each paid penalty from the state, to which they have a legal right.

Expiration of statute of limitations for administrative offenses: how to avoid liability

An offense is considered as an unlawful guilty act (inaction), for which administrative liability is established by the Code of Administrative Offenses of the Russian Federation (CAO RF) or the relevant laws of the constituent entities of the Russian Federation.

Responsibility and punishment in administrative law

Administrative responsibility

Administrative punishment

warning;
fine;
confiscation of the instrument or subject of the offense;
deprivation of a special right granted to an individual;
arrest;
expulsion from the Russian Federation of a citizen of another country or a stateless person;
disqualification;
suspension of activities;
compulsory work;
a ban on visiting the venues of official sports competitions on the days they are held.

When there is no responsibility

If a judge, body, or other official authorized to resolve the case considers the offense to be insignificant, liability will also not occur, and as a result, consideration of the case may be limited to only an oral remark.

Statute of limitations

The statute of limitations for an administrative violation is the period of time during which prosecution under the law is possible.

driving a vehicle (VV) by a driver who is intoxicated or transferring control to another person who is intoxicated;
violation of traffic rules (traffic rules) or vehicle operating rules, which resulted in minor or moderate harm to the health of the victim;
failure by the driver of the vehicle to comply with the requirement to undergo medical examination. examination for intoxication;
failure to comply with traffic regulations requiring the driver not to consume alcoholic beverages, drugs or psychotropic substances after an accident in which he is involved, or after the vehicle was stopped at the request of a police officer, before an examination by an authorized official to establish the state of intoxication or until acceptance by an authorized official the person of the decision to exempt from such examination;
violation of traffic rules by a pedestrian, vehicle passenger or other road user (except for the vehicle driver), which negligently resulted in the infliction of slight or moderate harm to the health of the victim.

Determination and calculation of deadlines

Suspension of the statute of limitations

Lapse of time

Any attempts to bring the person who committed the offense to justice after the expiration of the statute of limitations for administrative offenses are illegal.

Continuing offense

The situation is different with a continuing violation (action or inaction). We can talk about it if there is a long-term, continuous failure to fulfill the obligations provided for by law or other regulatory legal act.

An example in the field of road traffic is driving a vehicle in the presence of faults or driving a vehicle on which glass is installed, the light transmission of which does not meet the requirements of technical regulations. Thus, these offenses trace a long-term failure to fulfill certain obligations related to failure to ensure the proper condition of the vehicle before starting to move.

According to Part 2 of Article 4.5 of the Code of Administrative Offenses of the Russian Federation, in case of a continuing offense, the period of time required to make a decision begins to be calculated from the moment the violation is discovered by an authorized official. The detection of a violation is confirmed by the fact that a protocol has been drawn up.

Exceptional cases

gross violations of public order;
malicious attacks on public safety and governance.

This type of punishment cannot be applied to pregnant women, women with children under the age of 14, persons under 18 years of age, disabled people of groups I and II, military personnel, conscripts with special ranks of employees of the Investigative Committee of the Russian Federation, internal affairs bodies and the penal system, troops of the National Guard of the Russian Federation, fire service and customs authorities.

How to restore the deadline for appealing a decision

If the court has decided to impose a fine, and the 10-day period for appeal has been missed, you can send a petition to restore the period for appealing the court decision.

As a rule, this period is restored if the court considers the reasons for not filing a timely complaint against the decision to be valid.

The complaint itself must be considered within 10 days from the date of its filing (if considered by an official) or within 2 months (if considered by a court).

How is it used?

Let's look at a specific example. The driver drove through a prohibiting traffic light on September 14, 2018, and therefore a report was drawn up against him. The decision in the case was made on September 27, 2018, and a fine was imposed. On 10/08/2018, the resolution entered into legal force (it was not appealed), from this day the period for voluntary payment of the fine began to count (60 days). After this period (11/07/2018), the case is transferred to the bailiffs to ensure execution of the resolution.

If within 2 years the violator is not disturbed or reminded of the need to pay the fine imposed in 2018, the resolution will lose its force on 10/09/2020.

Statute of limitations for traffic police fines

2 years from the date of entry into force of the decision imposing a fine - such a period after which the fine will no longer be collected from the violator.

Payment of the fine

If you pay the traffic police fine no later than 20 days from the date of the decision, you can receive a discount of 50% of the original amount.

Effect of the resolution

The validity period of an administrative offense is 1 year, which means that the removal of the status of a “person subject to administrative punishment” occurs one year after the end of execution of the decision imposing the punishment, provided that this person has not committed a new offense.

Video recording camera as evidence of violation

Responsibility for failure to comply with deadlines for repayment of fines

For failure to pay or untimely payment of traffic fines, the driver may be fined twice the amount that he must pay (but not less than 1000 rubles), or he may face arrest for up to 15 days, or compulsory labor for up to 50 hours.

In the video, watch a detailed analysis of the calculation of deadlines for traffic police fines, as well as the features of their payment.

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