Limitation period for administrative traffic violations

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).

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.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your particular problem, please use the online consultant form on the right or call:

+7 (499) 653-60-72 ext 583 (Moscow) +7 (812) 426-14-07 ext 406 (St. Petersburg) 8 (800) 500-27-29 ext 255 (Across Russia)

​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”.

Deadline for bringing to administrative responsibility

I am interested in the question about the expiration of the statute of limitations for an administrative offense.

I have not received a resolution on an administrative offense, but the traffic police database lists the offense in November 2013.

What is the statute of limitations for administrative offenses from the moment I violated traffic rules and within what time frame can I be brought to justice under the Code of Administrative Offenses of the Russian Federation?

There is no statute of limitations for administrative offenses. Are you probably interested in the period for bringing administrative liability?

What kind of violations are you “accounted for”?

The Code of Administrative Offenses provides for the following:

Article 4.5. Limitation period for administrative liability

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

A decision in a case of an administrative offense cannot be made after two months (in a case of an administrative offense considered by a judge - after three months ) from the date the administrative offense was committed.

For violation of traffic rules in terms of administrative offenses provided for in Articles 12.8, 12.24, 12.26, part 3 of Article 12.27, part 2 of Article 12.30 of the Code of Administrative Offenses of the Russian Federation, after one year from the date of commission of the administrative offense.

If this is not Articles 12.8, 12.24, 12.26, part 3 of Article 12.27, part 2 of Article 12.30 of the Code of Administrative Offenses of the Russian Federation, the statute of limitations for administrative liability is a maximum of 3 months (depending on the nature of the offense and possible punishment).

After the statute of limitations for bringing to administrative liability has expired, a decision on bringing to administrative responsibility cannot be made.

Limitation of claims is a civil procedural concept. Has nothing to do with administrative violations.

If you are interested in the appeal period, then 10 days from the date of receipt of the decision by the person held administratively liable.

The statute of limitations for execution of the decision is 2 years. The term is interrupted if the punishment is evaded.

According to the Code of Administrative Offenses of the Russian Federation:

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.

Go to the website of the Federal Bailiff Service to check whether the materials were transferred to the bailiffs.

According to paragraph 2 of Art. 29.11 Code of Administrative Offenses of the Russian Federation,

2. A copy of the decision in a case of an administrative offense is handed over against receipt to the individual, or the legal representative of the individual, or the legal representative of the legal entity in respect of whom it was made, as well as the victim at his request, or is sent to these persons by registered mail within three days from the date of the said decision.

That's why they had to send him away. That is, it was either not delivered, or it was delivered and sent, but you did not receive it and the letter was returned without delivery to the addressee.

At the same time, in accordance with Art. 4.5. Code of Administrative Offenses of the Russian Federation,

1. A decision in a case of an administrative offense cannot be made after two months (in a case of an administrative offense considered by a judge - after three months) from the date of commission of the administrative offense

The limitation periods for administrative violations are determined by Articles 4.5-4.6 of the Code of Administrative Offenses of the Russian Federation.

Any resolution in a case of an administrative offense cannot be made after 2 months (with the exception of cases considered by the court, then the period is three months) from the moment the administrative violation was committed, and for a violation of the legislation of the Russian Federation after one year from the date the offense was committed.

Article 31.9. The limitation period for the execution of a decision to impose an administrative penalty.

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

Separately, for the most common violations - fines for traffic violations. The period is 1 year.

Once you receive a fine receipt, you can appeal it within 10 days.

If this does not happen, the indicated amount must be paid within 30 days, and the payment receipt sent to the authority that issued the decision. Otherwise, the case may be sent to bailiffs or to court, which threatens to increase the amount of the fine or administrative arrest for 15 days.

The term for issuing a decision in a case of an administrative offense is 1 year from the date of commission of the administrative offense:

Part 1 Art. 4.5 Code of Administrative Offenses of the Russian Federation:

A decision in a case of an administrative offense
cannot be made after two months (in a case of an administrative
offense considered by a judge - after three months) from the date of
commission of the administrative offense, for violation of the legislation
of the Russian Federation ... on
road safety (in terms of administrative offenses
provided for in Articles 12.8, 12.24, 12.26, part 3 of Article 12.27, part 2 of
Article 12.30 of this Code) ... after one year from the date of commission of the administrative
offense.

The limitation period for attraction is within 2 years, therefore, you have the obligation to comply with the decision.

From 2 months to a year depending on the offense. What did you violate?

I have not received a resolution on an administrative offense, but the traffic police database lists the offense in November 2013. What is the statute of limitations from the date of traffic violation?

You need to receive a copy of the resolution in the case of an administrative offense against signature.
From now on you have 10 days to appeal. In any case, according to Part 1 of Art. 4.5. Code of Administrative Offenses of the Russian Federation, which regulates the limitation period for bringing to administrative responsibility, a decision in a case of an administrative offense
cannot be made after two months (in a case of an administrative
offense considered by a judge - after three months) from the date of
commission of the administrative offense for violation of the law
of the Russian Federation on export control, on internal sea waters,
the territorial sea, the continental shelf, on the exclusive economic
zone of the Russian Federation, patent, antimonopoly, currency
legislation of the Russian Federation and acts of currency regulatory authorities,
legislation of the Russian Federation in the field of environmental protection and
natural resource management, legislation on energy saving and on increasing
energy efficiency, legislation of the Russian Federation on protecting
the health of citizens, in the field of sanitary and epidemiological well-being
of the population, on protecting children from information harmful to their health and (or)
development, on road safety (regarding administrative
offenses, provided for in Articles 12.8, 12.24, 12.26, part 3 of Article
12.27, part 2 of Article 12.30 of this Code), ... . after one year has passed
from the date of commission of the administrative offense... , as amended in force
as of November 2013.

It all depends on the article of the Code of Administrative Offenses of the Russian Federation; you can figure it out from this based on who reviewed the case, that is, made the decision.