How to challenge an erroneous fine from a traffic camera for driving without a pass

How do video recording systems work?

Today, such video recording systems are common in large cities of Russia, which has improved the situation on the roads, since many motorists, under the threat of receiving such a fine issued on the basis of surveillance cameras, began to comply with traffic rules, and as a result, road safety has improved.

The fines themselves, when using such video recording systems, are issued without human intervention. The system determines the license plate number of the offender’s car, accesses the general database, which contains information on each car owner, and after that the driver receives a letter at his home address notifying him to pay the fine.

However, today it is not uncommon for such situations when computer calculations are not carried out accurately, or the license plate number of the offender’s car is incorrectly determined, fines in this case are sent to innocent car owners.

The procedure for appealing illegal fines

Every car owner has the legal right to disagree with the accusation against him regarding an alleged offense, but many do not know how to challenge a traffic police fine. A citizen can appeal an illegal decision in accordance with the procedure established by law, which includes several steps:

You can challenge an illegal resolution within 10 days from the date of drawing up or receipt by mail if the violation is recorded by cameras.
According to Art. 30 Part 2 of the Code of Administrative Offenses, a citizen is given the right to choose which authority to contact:

directly to the official who made the decision (but in reality the appeal will be forwarded within three days to a higher-ranking person, so this option is essentially identical to the next one);
to a higher official authorized to consider such appeals;
to the district or city court at the place where the decision was made.

Thus, the driver has two ways to defend his case - to resolve the contradictions pre-trial in the traffic police or to challenge the illegal fine in court. In the latter case, problems may arise for those fined motorists who live far from the area covered by the territorial jurisdiction of the authority. Consideration of the case will result in high costs and considerable time expenditure. However, sometimes justice and an honest name are much more expensive.

Important! Even at the stage of drawing up a protocol on an administrative offense, a citizen can express his disagreement with the position of the traffic inspector. For this purpose, a corresponding column “Explanations of the person” is provided, and the official has no right to prohibit writing explanations in it.

Many motorists, in a fit of emotion, categorically refuse to sign the protocol drawn up. This is devoid of legal logic, since the inspector will still be able to legally draw up the document by inviting two witnesses. As a result, such obstinacy can play a cruel joke if the case comes to court, as this will contribute to the emergence of distrust in the applicant.

All contact details of officials are indicated in the resolution. If the “letter of happiness” is disputed, it is better to contact the regional Center for Automatic Recording of the State Traffic Safety Inspectorate (CAFAP) at the place where it was created.

What to do if you receive such an incorrect fine

Many car owners, having opened such a letter of happiness and identified an error, simply do not pay the fine and do not take any action. It should be said that this can lead to even greater consequences. The system, having issued an incorrect fine, will expect the car owner to pay it on time. If payment does not occur, then an additional penalty is imposed on the car owner.

It could be:

Ban on traveling abroad.

Forced labor.

Arrest for 15 days.

That is why, as soon as you receive such an erroneous fine, you need to appeal the decision, for which you are given 10 days from the date of receipt of such a letter of happiness. Only in rare cases, when there are good reasons, can the appeal period be extended.

Let us immediately make a reservation that appealing such a fine is a labor-intensive and lengthy process. You will need to request several papers, write an application to appeal the fine, and also personally visit the nearest territorial traffic police office. Therefore, if you receive a fine for several hundred rubles, it is often much easier to pay it than to waste your precious time trying to appeal the wrong decision.

If you are determined to protest the decision of the traffic police, then you need the following:

Within 10 days from the date of receiving the letter of happiness, the car owner must write a complaint to the traffic police and to the court, and send it by registered mail.

In accordance with current legislation, a complaint received by the traffic police is considered by employees of this department within 10 days. If after this time the car owner has not been notified that the traffic police will consider his complaint, he has the right to go to court.

The court considers the application within 60 days. In such a consideration of the case, it will be necessary to draw up a statement, as well as provide a copy of the protocol drawn up by the traffic police officers, and also directly during the trial to find arguments in favor of one’s innocence.

Which fines are better to challenge in court and which ones in the traffic police?

If the decision was made by a traffic police inspector, then it can be appealed both in court and to a higher official of the State Traffic Inspectorate. So, where to write a complaint to resolve the issue faster and fairly?

Practice shows that the bulk of appeals are sent to the courts, since it is the court that has no interest in the final decision, and accordingly will consider the case materials in more detail and more objectively.

Article 30.5. Code of Administrative Offenses of the Russian Federation. Time limits for consideration of a complaint against a decision in a case of an administrative offense.

1. A complaint against a decision in a case of an administrative offense is subject to consideration within ten days from the date of its receipt, along with all materials of the case, by the body or official authorized to consider the complaint. 1.1. A complaint against a decision in a case of an administrative offense is subject to consideration within two months from the date of its receipt, along with all the materials of the case, by the court competent to consider the complaint.

Thus, a complaint sent to the traffic police will be considered much faster. Therefore, it makes no sense to send appeals to the courts, according to which you are clearly recognized as right.

How to appeal a fine issued using a video recording system

Video recording cameras used today often make mistakes, and imperfect software leads to even greater failures, so erroneous fines are common. There are several ways to appeal such an erroneous fine issued using a video recording system.

You need to write an application to the territorial center for photo and video recording and send such an application by registered mail.

You can also write a complaint on the traffic police website, where you can find the section Receiving complaints. This feature is quite effective and extremely simple. In the event that an obvious mistake has occurred and the protocol was written incorrectly, then using such a complaint on the official website you can challenge the fine, eliminating the need to go to various authorities.

You can also personally visit the photo-video recording center and write an application to protest the fine on the spot. In this case, you will invariably waste your time, but at the same time you will be absolutely sure that your application was registered and was not lost halfway.

Online appeal

Appeals to AMPP (Moscow Parking) On this page you can send a complaint (appeal) to the State Public Institution "AMPP" regarding regulations for violations of the procedure for paying for parking in Moscow. The numbers of decisions that can be appealed here begin with 780 or 03554310 .

State Public Institution “Administrator of the Moscow Parking Space” (AMPP) Actual address: Moscow, st. Staraya Basmannaya, building 20, building 1 (metro: Baumanskaya, Krasnye Vorota, Kurskaya ring)

Phones: +7 – Unified contact center 3210 – Short contact number, for calls from mobile phones (Beeline, MTS, Megafon)

Appeals to MADI (Moscow Administrative Road Inspectorate) Here you can leave an appeal about disagreement with the decision (appeal it), notify about payment of the fine, request a copy of the decision, return an erroneously paid fine. The numbers of decisions by which an appeal can be sent begin with 782 or 03560430 .

Moscow Administrative Road Inspectorate (MADI) Actual address: Moscow, st. Kalanchevskaya, 49 (metro: Prospekt Mira, Komsomolskaya)

Phone: +7 – Single multi-channel number

Appeals to the State Traffic Safety Inspectorate (State Traffic Inspectorate) ATTENTION: it is not possible to appeal the decisions of the State Traffic Safety Inspectorate through the online application form. Appeals received by the traffic police through this form are considered in accordance with the Federal Law of May 2, 2006 59-FZ “On the procedure for considering appeals from citizens of the Russian Federation.” The period for consideration of such requests is 1 month.

To appeal decisions, you must submit a written application to the territorial traffic police department. The numbers of traffic police regulations begin with 188.

On what basis can you challenge an incorrect fine?

You can challenge such an incorrectly issued fine on the basis of photos and videos of the violation. Chain letters with fines contain photographs or the address of the location of the video with the violation for which the fine was issued. The car owner needs to familiarize himself in detail with the sent video and photo, which will allow him to challenge the sent fine.

It is not uncommon for the system to incorrectly read vehicle license plates, issuing fines to car owners with other cars. In this case, challenging such unlawful punishment will not be difficult.

Many photo and video recording cameras were initially set to high sensitivity, so situations often arose when fines were issued for minimally crossing a solid line and for similar offenses. Whereas, according to current legislation, this is not considered a violation of traffic rules.

When video recording with speed recording, situations arose when the speed cameras were configured incorrectly, so they determined that the speed was exceeded by several kilometers, which, according to current legislation, is an error and is not considered a violation of traffic rules.

What are the fines for using a video camera?

These fines are not so few:

speeding (2 or more km per hour);
stopping in the wrong place;
violation of parking rules;
traffic disruption at intersections;
violation of traffic through a pedestrian crossing;
driving into the oncoming lane;
driving without seat belts;
crossing stop lines and dividing strips.

A sensitive device instantly detects the violation and transmits the photo to the data processing center. The violator is found based on his license plate number and a decision is made to bring him to administrative responsibility. Theoretically, such a system should work flawlessly. But in practice, failures happen with enviable regularity. The state is not trying to take measures to correct the situation, because fines are an inexhaustible source of replenishing budgets at all levels. And given the domestic appeal system, it is quite difficult to get such fines canceled.

Motorists would rather refuse to fight for their rights and pay than want to spend months seeking the truth. This is what this whole “wedding” is actually designed for. Meanwhile, not everyone has this point of view, and many drivers are ready to defend their rights.

You received a fine, what should you do?

First, figure out whether this fine was really issued to you and whether it was issued justifiably. Of course, the majority of decisions do not have errors, however, sometimes cameras make mistakes in the letters or numbers of the state registration plate of a car and the letter of happiness goes to the wrong person. And there are some very funny cases. Only the lazy do not know how in Moscow a driver received a decree for the fact that the shadow of his car crossed a solid marking line.

And in Tatarstan, the owner of a car that was being transported on a tow truck received a fine for exceeding the permissible speed limit.

Appealing a decision in a case of an administrative offense.

In accordance with Art. 30.3. of the Code of Administrative Offenses of the Russian Federation, a complaint against a resolution in a case of an administrative offense can be filed within ten days from the date of delivery or receipt of a copy of the resolution.

The countdown begins from the moment you receive a letter with a resolution in the mail or a copy of the resolution at the traffic police.

What should a complaint against a decision contain:

Name of the body to which the decision is being appealed Ivanov Petr Ivanovich Residence address tel. +7-xxx-xxx-xx-xx
Complaint against a decision in a case of an administrative offense.
07/17/2018 (by whom the decision was made) Full name of the inspector, a decision was made against me in the case of administrative offense No. XXXXX;
I do not agree with this resolution. I consider the resolution subject to cancellation due to the lack of corpus delicti in my actions on the following grounds:
In accordance with Article 2.6.1 of the Code of Administrative Offenses of the Russian Federation, administrative liability for administrative offenses in the field of traffic and administrative offenses in the field of landscaping, provided for by the laws of the constituent entities of the Russian Federation, committed with the use of vehicles, if these administrative offenses are recorded in automatic mode Owners (owners) of vehicles are involved using special technical means that have the functions of photographing, filming, video recording, or means of photographing, filming, and video recording.
The owner (possessor) of a vehicle is released from administrative liability if, during the consideration of a complaint against a decision in a case of an administrative offense made in accordance with Part 3 of Article 28.6 of this Code, the data contained in it is confirmed that at the time the administrative offense was recorded the vehicle was in the possession or use of another person or has now been removed from its possession as a result of unlawful actions of other persons.
On July 17, 2018, I Ivanov Petr Ivanovich, who is the owner of the vehicle (car make and number), did not drive the vehicle, due to the fact that I transferred control to Ivanov Ivan Ivanovich, who is included in the OSAGO policy and is allowed to drive my car, which is confirmed by the following evidence attached to this complaint: 1. OSAGO policy 2. Explanation of Ivan Ivanovich Ivanov with an admission of guilt.
I received the resolution in the case of administrative offense No. XXXX dated July 17, 2018 on July 21, 2018, and therefore the last day of appeal is considered to be July 31, 2018. Thus, I fully met the deadline for appealing and did not miss it. In connection with the above, on the basis of Art. 30.1, 30.2 Code of Administrative Offenses of the Russian Federation.
ASK:
Resolution in the case of administrative offense No. 111111111111111111111 dated July 17, 2018, issued (the position of the inspector who made the decision is cancelled, the proceedings against me are terminated.
Attachments: - copy of resolution No. XXXHot 07/17/2018 - copy of the MTPL policy - explanations of Ivanov I.I.
07/30/2018 _________________________________/ P.I. Ivanov

complaints can be made here.

Important. File a complaint against the decision on the second to last day before the appeal period expires. For example, if the resolution was received on July 21, 2018, then the 10-day period will begin counting from the next day, July 22, 2018, and will end on July 31, 2018 inclusive.

After the complaint is written, it must be printed out in 1 copy and signed, after which we create a package of documents for submission.

Complaint against the decision;
Resolution on imposing an administrative penalty;
Photocopy of the MTPL policy;
Explanation of the person authorized to drive the vehicle.

What to do if the traffic police fine was received by mistake: where to go and how to challenge it

Notification of fines is a very unpleasant event for every motorist, especially when the fines are issued in error. It is quite logical that the driver does not want to pay a fine for a violation that has not been committed. Accordingly, in such situations the question arises of where to go and how to appeal such a decision.

Reasons for erroneous fines

Many motorists do not understand why such mistakes happen. Wrongful fines are not a rare occurrence, and they can appear due to the fault of both traffic police officers and automated equipment. Among the main reasons for the occurrence of such penalties are:

Inspector incompetence. A “newbie” can stop a motorist for violating, in his opinion, for example, the rules of turning at an intersection. Such erroneous judgments arise from the traffic police officer’s ignorance of the area and the signs installed on it. Confident that he acted correctly, the driver can challenge the fine before the protocol is drawn up, pointing to the signs and being guided by the provisions of the traffic rules law.
Errors associated with malfunction or incorrect operation of photo and video devices that record violations. The list of technical errors of the cameras includes incorrect reading of vehicle license plates and erroneous driving parameters in a certain area (due to inaccurate indicators, the device will record the vehicle speeding, which in fact did not happen). System errors often occur when the driver of one vehicle violates, and the system issues a fine to another car that is driving behind the violator.
The vehicle was not driven by the owner of the vehicle. In the case when the car was stolen or after the sale the new owner did not register the vehicle, as a result of violations of traffic rules by this car, notifications of fines will be received by the owner - the one to whom the car is registered.
Auto-twin. We cannot exclude the possibility that there is a car with fake signs and documents on the territory of the Russian Federation. And in case of traffic violations by the driver of such a vehicle, all fines will be sent to the honest motorist on his car with the same data. Such situations can cause difficulties when selling a car, or rather, in re-registering it. In this case, you should immediately contact law enforcement authorities.
Sold car. Due to the slow work of government agencies, previous owners receive fines for cars that were previously sold. With the help of a property purchase and sale agreement, the former owner can prove his innocence.
Operator inattention. If the system incorrectly counted the numbers, the operator can correct this. But if he is inattentive or tired, he may not notice the error.

Grounds for recognizing the fine as erroneous

There are often situations when a motorist not only received a fine by mistake, but paid it due to inattention. Having grounds to consider the penalty to be erroneous, you can not only get the decision reversed, but also get the money spent back. Such evidence includes photographic and video materials. When an inspector documents a violation, he is required to attach these additions to the protocol. Important! When filling out the protocol, you need to be very careful. If the motorist left a signature next to the entry “I agree with the violations,” then we can assume that he confirmed his guilt.

Upon learning of a penalty on the State Services portal or upon receiving a notification email, the owner must contact the data processing center to obtain the necessary materials. The received photos or videos must be carefully studied, checking them with your own photographs and videos. It is important to pay attention to various details, check numbers, etc.

Where to go and how to challenge erroneous fines

To avoid paying a fine issued by a traffic police officer, the driver should pick up a copy of the completed protocol. Sometimes the inspector does not offer a second copy of the document - then you should ask for one. Once you have been issued a fine, you have ten days to resolve the issue. If you received a notice of a fine by mail, the ten-day countdown begins from the date of receipt of the notice. Your signature on the form confirms your receipt of the letter.

Important! Appealing penalties on the State Services portal is impossible.

You can challenge this decision in the following ways:

visit the State Traffic Inspectorate office;
appeal on the website of the State Traffic Inspectorate of the Ministry of Internal Affairs of Russia;
file a claim with the judicial authorities.

You can also call the traffic police in advance for advice on this issue.

If the motorist failed to meet the ten-day deadline, he has the right to provide evidence confirming the difficulty or impossibility of carrying out the procedure for challenging the fine. Such documents include a medical certificate and other papers.

Through the traffic police

A personal visit to the State Traffic Inspectorate office is accompanied by the provision of copies of the resolution and vehicle registration document. The motorist also has the opportunity to send a notification and the necessary documentation by mail (registered mail). Using the traffic police website, the driver can use the “Reception of requests” tab (located in the “Services” section) to find the necessary form, which must be filled out and sent. The website also allows you to send a request explaining the reason for disagreement with the issued fine.

Online application is considered a rather slow method, since this type of request will be considered in accordance with Federal Law No. 59 “On the procedure for considering applications from citizens of the Russian Federation,” which can take up to 30 days. During this time, the period for appeal will have already expired, so it is better to personally contact the traffic police department so that the complaint can be considered under Article 30.2 of the Code of Administrative Offenses of the Russian Federation, and as a result, the issue will be resolved in a maximum of 10 days.

There are situations when the allotted period has expired and a response has not been received. Then the car owner needs to apply to the judicial authorities with a statement of claim.

Through the court

In order to appeal an erroneous fine on a car, the driver has the right to appeal to the district court. To apply, the vehicle owner needs to know the conditions:

The header of the statement of claim must contain information about the owner of the vehicle, as well as details of the selected judicial authority.
The main text consists of the stated reason for disagreement with the fine, stated facts, decisions and thoughts of the car owner. The document should not contain emotionally expressive language, as well as any requirements. Information is presented clearly and consistently.
Documents, as well as photo and video materials confirming the innocence of the plaintiff, are considered an addition to the application.

Find out also what the fine is for driving a vehicle without the appropriate category.

10 days are allocated for consideration of this issue from the date of filing the application. If the application is granted, then the owner of the car will be relieved of administrative responsibility. In case of refusal, the driver will have to pay the specified amount of the fine. If the motorist does not make the payment within the allotted time, additional penalties will be imposed on him.