The current situation on the roads of our cities has caused a significant increase in fines, both in quantitative and qualitative terms. Not only the amounts, but also the number of orders issued have increased. Drivers began to defend themselves, and the question of how to challenge the fine became the most asked question. Most of the situations are related to the introduction of video recording on the roads. Technology often malfunctions and its data does not always correspond to reality. Information is sent to inspectors online, which means that a resolution is issued automatically. Thus, drivers in Moscow were the first to encounter sometimes comical situations of video recording errors. In 2021, cameras appeared on the streets of most cities, which simply provoked a whole boom of processes, the subject of which was appealing a fine.
What is the deadline for filing a complaint against a camera fine?
10 days. And this period is for any appeals, and not just for speed and not only for automatic photo and video recording systems. The complaint must be filed within 10 days from the date of receipt of a copy of the decision. You can verify this by looking at the last paragraphs of the “chain letter” - the deadlines and procedure for filing a complaint are indicated there.
It is almost impossible to restore the deadline for appealing a speed camera fine. Therefore, it is important to record the date of receipt of a copy of the resolution. The fact of its delivery, sent by mail, is confirmed by the driver’s signature on the notice. The date of receipt of a copy of the decision directly from the traffic police or the court is recorded in the case materials.
A letter of happiness from TsAFAP can be dropped directly into the mailbox. Then just remember the date you took the letter out of the box.
After printing the letter, you realize that you were punished wrongfully. But you have never written any official documents to government agencies without seeing a completed form in front of you as a sample. There is nothing complicated here!
What violations are detected by video recording?
The camera records the following moments of non-compliance with traffic rules:
- Wrong parking. The registrar also detects cases where drivers leave a paid parking lot without making a payment.
- Arriving at the stop line when the traffic light is red and the traffic controller is warning you. The camera also records incorrect crossing of these markings at unregulated intersections.
- Exceeding the speed limit for the roadway. The recording accuracy is up to 2 kilometers per hour.
- Stopping on the side of the road in places where this maneuver is prohibited.
- Driving along a designated area for buses, minibuses, etc.
- Intersection of a solid line.
- Drive to the side of oncoming traffic.
- Driving without a seat belt fastened.
After photographing the violation, information about the illegal maneuver is transferred to the Processing Center. Here the driver is found in the database. A resolution on it is drawn up within 15 days. Documents are sent to the motorist by mail.
Form and sample of a complaint against a decision from a camera
The sample and complaint form can be downloaded from the website of the court to which you are going to file a complaint. On such sites there is a section “Reference Information”, and in it you will find a subsection something like “Samples of documents” → “Complaints” → “Complaint about a decision in a case of an administrative offense.”
The complaint should be structured logically correctly. Particular attention is paid to the content of the complaint.
- (DOCX format for filling out on a computer)
- for filling by hand
- View a sample of a completed complaint
What to write in a complaint - step-by-step instructions
So, appealing a fine from a camera is quite simple. We will give you point by point what to write in the complaint itself.
1. The first paragraph contains the details of the resolution:
- what decree (about an administrative offense) was issued to you when you were given a fine from a speed camera,
- when and by whom it was issued,
- his number,
- number of the traffic rules violation
- article of the Code of Administrative Offences, under which the driver was charged.
It is also important to indicate the date of receipt of the decision so that it is clear that the deadline for filing a complaint has not been missed.
You will also be interested in:
- How to appeal a fine for not allowing a pedestrian to pass? Form, sample and instructions
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- Is it possible and how to appeal (challenge) a fine online through State Services?
2. The following is the essence of the case - a brief description of what happened.
3. Then you need to list the arguments refuting the facts on the basis of which the decision was made. For example, another driver was driving, or the car was sold at the time of the offense.
4. In conclusion, it is written what you are actually asking for. For example, cancel a resolution due to the absence of an offense.
5. Your complaint must be accompanied by written evidence confirming that you are right, which we will talk about a little later. Always include a copy of your copy of the decision with your complaint.
At the end of the complaint, copies of the documents that are attached to it are listed.
6. When finishing writing the complaint, below the list of documents we put a date and signature.
Drivers' misconceptions about statute of limitations
Some people think that the statute of limitations for traffic police fines is 2 years. In practice, the foreclosure will not be canceled after such a period of time.
The fine will be canceled only in the following cases:
- the wrong address was indicated, so the driver was unable to receive the order on time, and the notification was not notified in person;
- for valid reasons: being treated in a hospital, a long business trip, because of which the driver was unable to receive the paper in person.
In other cases, the period for execution of decisions is simply suspended, but not completely terminated.
How and on what grounds can you appeal speeding fines?
There can be a number of such reasons:
- when making the decision, the error of the instrument that was used to determine the speed was not taken into account;
- the car was sold, but the new owner did not register it;
- the vehicle was not driven by the owner;
- the resolution does not contain information about the electronic signature of the inspector;
- The vehicle number was incorrectly recognized.
But on the basis of the mere absence of a speed photo/video recording sign, it will not be possible to appeal a fine from a camera if we are talking about portable cameras and not permanent ones.
Let's take a closer look at all these reasons for challenging!
Instrument error
The permitted speed in a populated area is 60 km/h. Exceeding the speed limit by 20 km/h is not punishable. That is, if you are driving at a speed of 80 km/h in the city, then there is a traffic violation, but there is no punishment. To avoid getting fined, drivers drive at a speed of about 75 km/h.
But even an old woman can have trouble. The cameras are placed at a smaller angle to the roadway than is written in the instructions, as a result of which the speed is too high. The speed most often fixed in regulations is 81 or 82 km/h.
We go to the website of the Federal Information Foundation for Ensuring the Uniformity of Measurements, enter the name of the device in the search field, and receive a document called “Type Description” for this device. This is where we look for the error of this particular measuring instrument.
If you are assigned a speed of 82 km/h, and the instrument error is +/-2 km/h, then your minimum recorded speed is 80 km/h. All doubts regarding the Code of Administrative Offenses are interpreted in favor of drivers. You rewrite this statement into a complaint, and attach a “Type Description” to it as evidence.
The car was sold, but the new owner did not register it in his name
Write exactly like this in the complaint, and attach a copy of the purchase and sale agreement to it. And someday, run to the traffic police with your passport and contract, and stop registering your former car.
Another driver was driving
By law, fines from security cameras are issued only to the owner. If the car was not driven by the owner, the fine can be transferred to that driver.
When appealing, write down exactly who was driving the car at the time of the violation. And then attach a copy of the MTPL policy to the complaint, where the last name of the driver is indicated.
Electronic signature information in the resolution is required
Actually, the decision is issued electronically, which is signed with the electronic signature of the inspector. Then a paper copy is made from it. But the paper copy contains information about the electronic signature. No signature - no business.
Refer to the violation of Part 6 and Part 7 of Art. 29.10 Code of Administrative Offenses, and attach the opinion of the Supreme Court on this issue.
If the automation incorrectly recognized the car number
And the fine, accordingly, came to you by mistake, then to confirm your innocence, attach a copy of your registration certificate to the complaint.
Now that the complaint is ready, you need to decide where to send the documents.
Something else useful for you:
- How to appeal a traffic police fine through State Services from September 1? New law
- The bailiffs wrote off the fine, but it was canceled based on a complaint - what to do and how to get the money back?
- Administrative warning as a replacement for a fine in the Code of Administrative Offenses in questions and answers
Where to file a complaint?
The complaint is filed either with the district (city) court or with the head of the inspector who issued the decision.
If you decide to sue, then you should apply not at the location of TsAFAP, but at the place where the offense was committed.
If you decide to appeal the fine from the speed camera to the police, then send the complaint to any chief (commander) of the inspector who issued the decision: from the head of TsAFAP to the head of the State Traffic Safety Inspectorate.
And don’t be afraid to make a mistake - if you miss the choice of police department or the choice of court when filing a complaint, it will be forwarded to the right address.
In order not to waste time on trips to the courts or TsAFAP, it is better to send a letter by mail
Sending by mail
The cost of the question is only 50 rubles and five minutes of wasted time. Documents should be sent by registered mail.
Is it possible to challenge a fine from a camera via the Internet?
Update as of 08/29/2021: As of September 1, 2021, a new function has been launched on the State Services portal, allowing you to file a complaint about a fine online. We described step-by-step instructions in our special article.
Theoretically it is impossible! Unlike the Code of Civil Procedure, Code of Criminal Procedure and CAS, the Code of Administrative Offenses does not stipulate the procedure for filing a complaint in the form of an electronic document. As a result, the Procedure for submitting documents to federal courts of general jurisdiction in electronic form does not provide for filing a complaint against a decision on an administrative offense.
After checking the fines on the website of the State Traffic Safety Inspectorate.rf, if there are any, the following inscription appears at the bottom: “Through the service for receiving applications on the official website of the State Traffic Inspectorate, a complaint can only be sent in the form of an electronic document (attachment to the application) signed with an electronic signature. The signing of the attached documents with an electronic signature must be indicated in the text of the application.”
This procedure is nothing more than a gesture of goodwill on the part of the traffic police, which does not meet the requirements of the law.
Update from 11/08/2018. In connection with the decision of the Supreme Court, an information footnote appeared on the traffic police website stating that appeals against fines through appeals are not carried out.
Everything described above is difficult to do just the first time. Believe me, your tenth complaint will be a blast! I advise you to start training with relatives, acquaintances, and workmates. Invite them to try, and for the company you will both gain invaluable experience.
Consequences of evading a fine based on video recording
According to current legislation, the driver is required to pay off debt obligations in full within 60 days after the decree comes into force. Evasion of administrative responsibility leads to the imposition of punishment under Article 20.25 of the Code of Administrative Offenses of the Russian Federation, as amended by Federal Laws No. 161-FZ of December 8, 2003, No. 410-FZ of December 6, 2011.
Paragraph 1 states that if a citizen does not transfer money to the recipient on time, this leads to the following consequences:
- increasing the amount of the penalty by 2 times from the original amount, but not less than 1000 rubles;
- imprisonment for up to 15 days;
- attracting the violator to compulsory work for up to 50 hours.
