Traffic police fine (500 rubles, speeding no more than 40 km / h). The decision was issued on 03/01/2016, handed over to be sent to the Russian post on 03/15/2016, arrived at the Russian Post office at the place of residence on 03/23/2016 (there is a tracking screen of the departure 0. The term of 20 days is gone. How to be?
What if I appeal the deprivation of my legal right to a discount?
Sergey, good evening! According to Art. 32.2 of the Code of Administrative Offenses
Upon payment of an administrative fine by a person
brought to administrative responsibility for committing
an administrative offense provided for by Chapter 12 of this Code, with the exception of administrative offenses provided for by Part 1.1 of Article 12.1, Article 12.8, Parts 6 and 7 of Article 12.9, Part 3 of Article 12.12, Part 5 of Article 12.15, Part 3.1 of Article 12.16, Articles 12.24, 12.26, part 3 of article 12.27
of this Code, not later than twenty days from the date of issuance
decrees on the imposition of an administrative fine administrative
a fine can be paid in the amount of half the amount imposed
administrative fine.
Therefore, there is no way, to pay in full within 70 days from the date of receipt of the decision
What to do if the administrative fine has not arrived by mail?
Hello, tell me please, I received an SMS from the Savings Bank stating that there is a debt according to the decision of the bailiffs, after that I looked at the website of the bailiffs, the debt was also indicated there, while there were no notifications from the mail. Is there an administrative fine, is it possible to appeal it somehow and will there be any benefits, since the post office is to blame for not paying this fine right away? Thank you.
Lawyers Answers (1)
Is there an administrative fine, is it possible to appeal it somehow and will there be any benefits, since the post office is to blame for not paying this fine right away?
The term for appeal is calculated from the moment of receipt of a copy of the decision:
Code of Administrative Offenses of the Russian Federation Article 30.3. Time limit for appealing against a decision in a case concerning an administrative offense
1. An appeal against a decision in a case concerning an administrative offense may be filed within ten days from the date of delivery or receipt of a copy of the decision.
2. In case of missing the time period provided for by paragraph 1 of this article, the specified time period, at the request of the person filing the complaint, may be restored by the judge or official authorized to consider the complaint.
3. Complaints against decisions on cases of administrative offenses provided for in Articles 5.1 - 5.25, 5.45 - 5.52, 5.56, 5.58, 5.69 of this Code may be filed within five days from the date of delivery or receipt of copies of the decisions.
4. A ruling shall be issued on the rejection of a petition for the restoration of the term for appealing against a decision in a case concerning an administrative offense.
You also need to consider the following:
Code of Administrative Offenses of the Russian Federation Article 31.1. Entry of the decision on the case of an administrative offense into legal force
The decision on the case of an administrative offense enters into force:
1) after the expiration of the period established for appealing against the decision on the case of an administrative offense, if the said decision has not been appealed or protested;
How to extend the grace period for paying a fine if the notice was not sent by mail?
Hello. An act of administrative offense was drawn up against me, the case was considered by the commission without my participation. The resolution was not sent to me by mail, only two months later a notification of a fine came to electronic services. As a result, the grace period for paying the fine has passed, they said at the post office that no registered letter addressed to me from the traffic police had been received. How to return the grace period for payment
Lawyers Answers (2)
Alexey, good afternoon. At the moment, the issue of extending the period for preferential payment at the legislative level is being discussed. There is a decision of the Constitutional Court of the Russian Federation on recognizing as a violation of the rights of citizens when receiving decisions beyond the deadline for preferential payment. On the basis of such a decision, you can demand the restoration of the term in court. But in this case, it is necessary to go to court. Whether it makes sense is up to you.
Good evening, Alexey. Currently, in accordance with the requirements of part 1.3 of the Code of the Russian Federation on Administrative Offenses, a fine can be paid, taking into account the discount, no later than within 20 days from the date of the decision on the case of an administrative offense, but in turn, by a decision of the Constitutional Court of the Russian Federation dated 4 December 2017 No. 35-p establishes the following: Pending the introduction of changes in the current legal regulation arising from this Decree, law enforcement officers, including courts, when applying Part 1.3 of Article 32.2 of the Code of Administrative Offenses of the Russian Federation, guided directly by the provisions of Article 45 (Part 2 ) of the Constitution of the Russian Federation shall not have the right to evade consideration of the issue of the possibility of restoring the period provided for the payment of an administrative fine in the amount of half of the assigned amount, at the request of the person brought to administrative responsibility in the event that a copy of the decision on the imposition of an administrative fine sent to the liability to a person by mail by registered mail, arrived at his address after the expiration of twenty days from the date of issue.
Thus, you have the right to apply to the body that issued the decision with a request to restore the grace period for paying a fine, which must be considered in accordance with the requirements of the Code of Administrative Offenses of the Russian Federation
How to restore the payment deadline for a fine at a discount if you received a letter by mail later than 20 days (video)
In 2016, a pleasant change was made to the Code of Administrative Offenses of the Russian Federation for all motorists. Some of the traffic police fines can now be paid at a 50 percent discount. Timing was the main criterion. Payment was to be made within 20 days of the decision being made. And everything would be fine if all fines were issued on the spot and the violator was immediately aware that he had a fine and there was a period that allows him to pay this very fine at a discount. However, fines for photo-video recording are issued according to a different principle. First, a violation is recorded, and then a decision is made, which is sent by mail. But often the mail works so slowly, and besides, the performers are not in a hurry. As a result, violators received orders after the grace period, that is, after 20 days from the date of the decision. As a result, they were automatically deprived of the opportunity to use this benefit, one might say for someone's sins ...
Actually, this situation should have been changed a long time ago, according to the principle of restoring the deadlines for appealing. After all, if there is a really good reason, especially if this reason is not related to the actions of the violator, then it is unfair to deprive him of what he was supposed to do initially. In fact, we will quote, in our opinion, the article of the Code of Administrative Offenses of the Russian Federation, which has a similar task, but with regard to the restoration of the deadline for filing a complaint. Article 30.3. Term for appealing against a decision in a case on an administrative offense, part 2.
In case of missing the time period provided for by paragraph 1 of this article, the specified time period, at the request of the person filing the complaint, may be restored by the judge or official authorized to consider the complaint.
That is, the Code of Administrative Offenses of the Russian Federation provided for the possibility of restoring the term on the complaint, that is, to challenge the fine after 10 days, but did not provide for such an opportunity to pay the fine. Actually, such a situation could be corrected by going to court, which was done by a certain citizen. And as a result, the Resolution of the Constitutional Court of the Russian Federation of December 4, 2017 N 35-P “On the case of checking the constitutionality of part 1 (3) of Article 32.2 of the Code of Administrative Offenses in connection with the complaint of citizen Yu.A. Reinhimmel".
It is the efforts of Yu.A. Reinhimmel will change the lives of motorists and legislators. Now motorists can apply first of all to the traffic police to restore the deadline for paying a fine at a discount, and if it doesn’t work out, then restore the deadline for a discount for a fine through the court. Well, actually a small, and not complete excerpt from this decision.
... Under such circumstances, the impossibility of restoring the period provided for by Part 1.3 of Article 32.2 of the Code of Administrative Offenses of the Russian Federation for paying the imposed administrative fine in the amount of half of the assigned amount, if this period is missed due to the untimely delivery of a copy of the decision on the imposition of an administrative penalty sent by the official who issued this decision by a person against a person brought to administrative responsibility, is not consistent with the constitutional principles of legal equality and justice, does not exclude arbitrary restriction of the right to state, including judicial, protection of their rights and freedoms, including the right of private property protected by law, and therefore contradicts the Constitution RF.
The federal legislator should make the necessary changes to the current legal regulation arising from this Decree.
Pending the introduction of amendments to the current legal regulation arising from this Decree, law enforcement officers, including courts, when applying Part 1.3 of Article 32.2 of the Code of Administrative Offenses of the Russian Federation, are not entitled to evade consideration of the issue of the possibility of restoring the period provided for the payment of an administrative fine in the amount of half of the prescribed amounts, at the request of the person brought to administrative responsibility in the case when a copy of the decision on the imposition of an administrative fine, sent to the person brought to administrative responsibility by registered mail, arrived at his address after the expiration of twenty days from the date of issue.
That is, not only can now the deadline for paying a fine be restored, but in the near future, legislators will have to work hard and legitimize the restoration of such a deadline in the Code of Administrative Offenses of the Russian Federation. This means that in the near future it is worth waiting for amendments to the Code.
And we just have to be glad that the life of motorists, at least a little, but will still become more certain, and besides, with the coming legal relief.
In what cases can they refuse to restore the deadline for paying a fine within “20 days” at a discount
Despite the fact that the information seems to be optimistic for someone who did not pay the fine on time, but at the same time wants to restore the possibility of paying at a discount. However, the traffic police does not always accept such arguments in favor of the violator. The thing is that the traffic police clings to these lines:
... due to the late delivery of a copy of the decision ...
That is, everything is done like this. The traffic police, having received an appeal, sends a request to the mail about when the notices were distributed to receive a decision. Naturally, the post office is unlikely to set itself up, that is, it will provide the traffic police with information that everything was done on time and according to plan. After all, they have their own rules for the delivery of correspondence. As a result, on the basis of this request and receiving a response to it that everything was delivered on time, the traffic police may write a refusal to restore the deadline, as from the side of the performers. And this is the traffic police and the Russian Post, everything was done on time.
How long do traffic police fines come from cameras?
Deadline for a fine
The time between issuing a fine in automatic mode and receiving a letter with a copy of the decision by mail can be completely different. It depends on the deadline for the transition of the recorded violation to paper (when the auto-fixation camera writes out a fine), the formation of a letter, its sending and, of course, forwarding this letter to the addressee, which may be located within the city limits, and then the fines go quickly, or in the outback , where letters can be delivered even once a month. How many traffic police fines come in 2018 under different conditions and how quickly they reach the violator, we will find out below.
So, before the fine ends up in the offender's mailbox, it goes through a series of stages of online forwarding, verification, formation and sending in paper form, the longest of which is, as a rule, sending an envelope with a copy of the decision by mail. In general, here you can clearly divide the time of arrival of "letters of happiness" into two main stages:
And if the first stage differs depending on the CAFAP of a particular city and the types of the installed camera, then the second one depends only on the work of the Russian Post and the distance of the offender from the sender.
How long do fines come from portable cameras?
Portable cameras are those that are installed on tripods by the road, in the traffic police car or in other places and are usually set up in the morning and removed in the evening.
Penalties from non-stationary cameras, as a rule, go the fastest. But this applies only to the formation of a letter directly in the Center for Auto-Fixation of Violations (CAFAP) of a particular city, and in some cities the terms differ, but not very much. Depending on the work of the mail, the fine can be sent from 2-3 days to 2-3 weeks.
In general, you can establish the following general data relevant for 2018:
How long do fines come from stationary cameras?
As for stationary cameras for photographing violations, traffic police fines come from them much longer than from portable ones. This is due to more complex software and a larger number of transition points, unlike portable cameras, before the formation of a letter - first, the camera detects a violation, then transmits information to the operator, then the signal goes through a number of stages and, finally, gets to the auto-fixation center, where it is formed “letter of happiness” (the order of the steps may differ depending on the type of camera).
The leader in terms of sending fines is the Avtodoriya camera - the one that hangs on poles in a black box and most often fixes the average speed, measuring how far the car will travel a predetermined distance between two such cameras.
Approximate terms, after how many traffic police fines come from the Avtodoriya cameras and many other stationary auto-fixation cameras:
- If you live within a large city, then a fine from the camera can come in 4-7 days.
- For residents of small towns and suburbs of any city - in 6-10 days.
- For residents of the outback - in 7-25 days.
- Terms of payment of traffic police fines Most drivers at least once faced with the need to pay for traffic violations. The terms for paying the fine and the consequences of its late payment are established by the administrative legislation of the Russian Federation. - in the amount of half the amount [...]
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This is not official data, but experience and some statistics for 2018 with a pre-set sample of the number of fined drivers.
How not to lose the discount period if the fine from the camera comes later than 20 days later?
So, we know that most traffic police fines can be paid at a 50% discount within 20 days after the date of the decision. " Stop- you say - if the deadline starts from the date of the decision, what if the letter arrives later?!«
Exactly! If the fine from the camera comes after 21 days or later, then you can miss the deadline, and you will have to pay such a fine in full. But why wait for a letter if you can see the fines on official websites, applications and many more places. So, the official website of the traffic police allows you to check the fine without registration and in just a few clicks; Public services allow you to subscribe to fines by Email and even by SMS (SMS messages arrive on time and properly). Also, many smartphone apps in 2018 are able to notify their users of new fines.
Notice of traffic fines
In connection with the active development of the system of video recording of violations on the road, many drivers are increasingly thinking about how to get information about their fines as quickly as possible.
It is not always possible to notice a warning sign or changes in the road marking line in time. In this case, the likelihood of becoming a violator willy-nilly is high. And sometimes - the driver knows about the presence of cameras, but still violates the rules. However, in all cases, the offender does not know for sure whether the fixation systems filmed any violation or not. And should I be held accountable and pay a fine?
In accordance with the current procedure, video material in violation of the rules is sent for processing to a special center. After processing in this center, the driver is sent a letter indicating the violation and demanding to pay a fine. But receiving this letter by the driver is often associated with many problems.
For example, a postal item may simply “get lost”, it may arrive too late or arrive at the wrong address. A person guilty of violating the rules will be confident that he did not violate anything, although in fact this will not be the case.
The main unfavorable consequence of failure to pay the fine on time will be a serious increase in the punishment in the form of an increase in the amount of the fine or compulsory work, and possibly administrative arrest.
To avoid such a development of events, you can use a modern service that will allow you to receive information about fines in time.
SMS alert on traffic fines
One of the most convenient and simple ways to promptly notify about the occurrence of an obligation to pay an administrative fine for a detected violation is an SMS message. This is a service that is available to almost all citizens of the Russian Federation who have access to the Internet. When it is connected, a message will be sent to the phone number indicated by the citizen almost simultaneously with the decision to impose a penalty.
The receipt of this information via SMS messages can be configured using the services on various Internet portals.
Most of the services are free. Among them, the site for the provision of public services stands out.
The service is available only to registered users. To receive it, you need to enter the portal using your data. In your personal account, select the "My data" section, find the "Vehicles" link, follow it and activate the "Add vehicle" link. Next, you need to enter the state registration number and brand of car. When the car appears in the list, you need to go to the "Notifications" tab. At the bottom of the site, check the boxes “Change the status of applications for the provision of services”, “Change the status of payments”. Next, save the changes. From now on, all notifications of fines will be sent in the form of SMS to the specified mobile phone number.
The service can be used by all of Russia, regardless of the region.
traffic police fines by e-mail
The SMS message provided by Internet services usually contains only brief information about the payment, without details. The SMS almost never indicates the details for paying the fine and the circumstances under which the recorded offense occurred.
Also, not everyone likes to receive unpleasant information about fines on their mobile phone. There are people who find it more convenient to calmly check their email in the evening and find all the necessary information there.
Previously, this was not possible, but now such a service already exists.
It is most convenient to use the above-mentioned portal of public services. To set up an email notification on it, you must also register. You need to fill in all the identifying data of the car. It is the registration number that is fundamentally important, the brand name can be anything. Next, you need to request the receipt of the informing service by e-mail. Messages will be sent to the address specified during registration.
As a result, you will be sent a detailed notice stating the circumstances of the violation. Perhaps a photo will be provided. The letter will indicate bank details that can be used to pay the fine.
The traffic police fine does not come
If the driver assumes that he has received a new traffic police fine, however, no notification is received by e-mail or regular mail for a long time, he can independently verify the presence or absence of penalties.
Verification is carried out on the website of public services or using any of the many other services. One of the most popular search engines of this type is the Yandex.
Self-search will take quite a bit of time. The necessary identifying information is entered into a special form and in just a couple of minutes you can see the report.
To fill out the forms in almost all cases, you will need a driver's license and a vehicle registration certificate. There is a search by the numbers of the indicated documents, as well as by the registration number of the vehicle.
Thus, if a notice of an alleged fine has not been received for a long time, do not panic. It is enough to check all the information of interest online. To be completely sure, it is better to use a check on several services.
In more detail about what to do if the traffic police fine has not arrived, the following video will tell:
I received a fine in the mail, received it in my hands with a delay and did not have time to pay on time, what should I do?
Good afternoon! Tell me, a fine came on March 2 by mail about a violation of traffic rules. Moreover, a registered letter came to the post office on February 22, and to the address on March 2. Naturally, I did not have time to receive it, and as I understand it, the registered letter lay at the post office for 7 days, then back returned to the traffic police and a 10-day countdown began so that I could appeal it. This period starts from what day, from the moment the letter arrives at the post office or from the moment it is returned back to the traffic police? The decision on this fine was issued already in September 2016, and at that time all the fines were paid by me and this fine was not listed in the traffic police database. Naturally, all the terms of payment at a discount have passed. I agree with the fine, but I’m not ready to pay 3000 rubles.
Lawyers Answers (4)
According to the Decree of the Plenum of the Supreme Court of the Russian Federation of March 24, 2005 N 5, as well as the Decree of the Plenum of the Supreme Court of the Russian Federation of December 19, 2013 N 40, the decision comes into force ten days after the date of receipt (return) of a copy of this decision. The fine must be paid within 60 days from the effective date.
Clarification of the client
I understand. I'm concerned about the possibility of paying for it with a 50% discount.
Have a question for a lawyer?
The twenty-day period is calculated from the date of the decision, and it has already passed.
So it was missed through no fault of mine. I didn’t know about this fine. I need to file a lawsuit to renew the voluntary repayment period so that I can pay it with 50%.
And under what article was the protocol drawn up? What were they doing without you?
This is a fixation camera.
In general, the legislation does not provide for the restoration of the term in this situation, at least not yet. If only the employees violated, for example, the deadline for sending the decision (3 days), then you can try to fight.
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Motorists should get the right to pay fines for traffic violations at a 50% discount, even if the grace period has expired: the corresponding bill was supported. True, we are talking about a very specific situation, namely, if the delivery of the decision was carried out with a delay. The text of the document was placed on the government website: the draft federal law "On Amendments to Articles 31.8 and 32.2 of the Code of the Russian Federation on Administrative Offenses" was approved at a meeting of the Cabinet of Ministers and, in the prescribed manner, submitted for consideration to.
“The bill proposes to amend Articles 31.8 and 32.2 of the Code of Administrative Offenses, according to which the 20-day period for paying an administrative fine in the amount of half of its amount, if a postal item is received after the expiration of this period, is subject to restoration at the request of a person brought to administrative responsibility ", - it is said.
The fine did not arrive on time - return the discount
The reason for the changes was, which in Moscow received a fine from a photo and video camera for speeding in the amount of 500 rubles.
The decision to impose an administrative fine was sent to the applicant by mail, however, it arrived at his postal address already after twenty "favorable" days from the date of issue.
Reinhimmel decided that for reasons beyond his control, namely because of the late receipt of the said decision, he had lost the discount due to him by law. And he applied to the Center for Video Recording of the Main Directorate of the Ministry of Internal Affairs of Russia for the Moscow Region with a request for the restoration (extension) of the period allowing the payment of an administrative fine in half. However, the department refused the motorist, citing the fact that the decision to impose an administrative fine was sent to him on time - the day after it was issued. And also to the fact that the legislation on administrative offenses does not provide for the possibility of extending the period established for the payment of an administrative fine in the amount of half of the assigned amount.
Then the driver will apply with a similar request to the Mozhaisk City Court of the Moscow Region, but the court returned it to the applicant without consideration, noting in the same way that the Code of Administrative Offenses does not provide for the possibility of restoring the grace period for paying an administrative fine. As a result, Reinhimmel had to go to the Constitutional Court - in his statement, the motorist called the norms of the Code of Administrative Offenses regarding the payment of fines at a discount unconstitutional.
And the Constitutional Court took his side, ordering to make appropriate changes to the legislation.
In addition, the Constitutional Court obliged the courts to be guided by the Constitution and not evade consideration of the claims of car owners.
The decision of the Constitutional Court states that all those who have committed an administrative offense are guaranteed equality before the law when brought to justice.
And now it turns out that for persons whose administrative cases are considered in the usual manner, that is, with the preparation of a protocol, “in fact, the possibility of untimely acquaintance” with the decision to impose a fine is excluded, and they can easily use the right to pay it at a discount.
“Those who receive the order by mail after the 20-day grace period for paying it have expired are effectively deprived of such an opportunity. Thus, in violation of the constitutional principles of equality and justice, the prerequisites for discriminatory law enforcement are created, ”the decision of the Constitutional Court said.
Litigation is too expensive
Lawyer Alexander, in an interview with Gazeta.Ru, explained that in order for the innovation to work, one decision of the Constitutional Court is not enough, since it was adopted on a specific complaint. “At the moment, the Constitutional Court has concluded that the rights of those who receive notifications too late are being violated, but there is no direct requirement that all courts change their judicial practice on this basis,” Lipatnikov said.
At the same time, the lawyer found it difficult to imagine the work of the entire mechanism for appealing the fine.
“It’s not clear how this should work – after all, in each specific case, you will have to look for a mail identifier by which you can track when the “letter of happiness” was sent and when the “letter of happiness” was received,” says Lipatnikov. - And how to track this information for each of the millions of fines? And even if it works out
Well, a fine of 500 rubles will be appointed to a person. - imagine how much time it will take to write a complaint, collect documents - these are big costs. And even if there are a lot of such fines, then for each of them it will be necessary to start a separate legal proceeding - this is very costly.”
In turn, the coordinator of the Blue Buckets movement believes that only a few will be ready to go to court to regain the right to a discount.
“Of course, there are people who will complain to the courts even for 250 rubles, but they are few,” Shkumatov told Gazeta.Ru. - At the same time, a much more relevant story, which is connected with the presumption of innocence of drivers, is for some reason hushed up.
The discussion revolves around how easier it is to pay than to prove the driver's fault. In the digital age, we are discussing how people will stamp the mail and go to court with it, spending an incredible amount of time in order to pay this fine for 250 rubles less. This all takes away from the real problems of photo-video fixation.”
According to the expert, paper "letters of happiness" should be completely abandoned.
“By default, all tracking of fines should be transferred to the State Services,” Shkumatov believes. - Those drivers who fundamentally do not want to study modern digital technologies should work with them individually. If a person needs a printed receipt, then let him inform in advance about the desire to receive "letters of happiness" in paper form.
Category selection
What to do if the administrative fine has not arrived by mail?
Hello, tell me please, I received an SMS from the Savings Bank stating that there is a debt according to the decision of the bailiffs, after that I looked at the website of the bailiffs, the debt was also indicated there, while there were no notifications from the mail. Fine. Show all
What threatens for late payment of traffic police fines if there were no notifications?
Quite by accident, on the website of the traffic police, I discovered unpaid fines that were due to me. At the same time, there was not a single letter of happiness. I didn't receive any receipts. All late fees. What threatens me, and what should I do, Thank you in advance.
Have a question for a lawyer?
Can the traffic police send receipts for payment of a fine by e-mail?
Received a notice of the traffic police staff by e-mail. Sender's address: traffic fines. I tried to find out where, when and what I violated. I went to the official website of the State Traffic Safety Inspectorate of the Ministry of Internal Affairs, to the website of the GIS system. Data on attraction to the administrative. Show all
What to do if they demand to pay fines from the sold car?
I sold the car after a certain period of time, fines came to it, I found out about it not in the application, but by mail with some huge delay. So I went to the traffic police on occasion and found out that a court had already been appointed, go to court, they told me that my presence was not. Show all
I did not receive a notification about the presence of traffic police fines and because of this did not have the opportunity to pay in a timely manner
Hello. I travel a lot by car, I was sure that there were no fines for traffic violations. Recently, two SMS messages came at once about the arrest of funds from the bank account and card. I checked the traffic police website - there are already five fines, and some of them are from others. Show all
Do I have to pay a fine if I didn't receive notice of it?
Good afternoon In early August 2015, my car was photographed by MADI and this organization issued a decision on an administrative offense under Art. 12.16.5 of the Code of Administrative Offenses of the Russian Federation. About this offense the above organization. Show all
How to appeal a traffic police fine if you have not received a decision
Hello! I learned from the Internet, on the website of public services and the website of the traffic police, that I, that is, on my car, have a fine for violating parking rules in the city of Chelyabinsk, where I have never been, in the amount of 5,000 rubles. I did not receive a decision, I went to Show all
Is it possible to pay half the fine of the traffic police if the decision came later than the allotted time?
For me, a pensioner of 500 or 250 is a big difference. I violated on 09/08/16 a resolution on 09/29/16 arrived at the post office \ there are marks from the post office / I received the resolution today on 10/06/16. I'm wondering, this is already practice, from the traffic police to the post office the letter goes 20. Show all
Received an e-mail notification of a traffic police fine without confirmation of the offense
Hello. You have subscribed to notifications of fines from the traffic police. We found 1 fine: STS 7725470800 09/30/2016 ADMINISTRATIVE INFORMATION FINE RESOLUTION No. 18810177160930148635 Payable by: 12/09/2016 With a 50% discount to: . Show all
What should I do if I have not received a fine for drinking in a public place for 4 months already?
Good afternoon In March 2016, he was taken to the police station for drinking beer, where they drew up a report and said that the fine would come to the post office at the place of registration. They didn't hand over anything, they just let go. A little more than 4 months have passed, I have safely forgotten everything. Show all
The traffic police fine came automatically and unexpectedly a year later, what to do?
tell me if an unpaid traffic police fine appeared automatically in state services and also on the traffic police website recently, but the letter of happiness did not come to the house just in general for a year! and at public services, too, everything was clean! can they do that? since the year. Show all
What can I do to avoid traffic fines?
Hello! I sold a car in the Perm Territory, the new owner did not register the car, I wrote an application for termination of registration due to a change in ownership. Received a certificate of termination of registration. A year passed, the fine came out. Show all
There was no “letter of happiness”, but the fine was removed from the performance fee?
Hello! On 04/01/2016, the bank deducted from me the penalties of the bailiffs 4 fines for traffic violations of 500 rubles each and a performance fee of 1000 for each fine. total 6000 rub. (such an April Fool's joke!) - I learned about the fines upon write-off. Show all
The traffic police fine came by mail later than the allotted time
Traffic police fine (500 rubles, speeding no more than 40 km / h). The decision was issued on 03/01/2016, handed over to be sent to the Russian post office on 03/15/2016, arrived at the Russian Post office at the place of residence on 03/23/2016 (screen of tracking the departure. Show completely
The fine came to the post office, but I can not receive
Hello. My name is Yuri. I have a question regarding traffic fines. The situation is this. I work in another city, and fines come to the place of registration. And when I come home and follow the notification to receive a "letter of happiness" they tell me that my letter is not. Show all
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Notices of fines will be sent over the Internet
Appropriate amendments are proposed to be made to the Code of Administrative Offenses. According to the draft, a letter with unpleasant news received by e-mail should be signed with an enhanced qualified electronic signature of an authorized official. It is by this signature that the citizen learns that he received not spam, but a real fine.
“The draft federal law has been prepared in order to ensure the transition from paper to electronic legally significant notifications by securing the possibility of sending registered letters in electronic form to persons who have agreed to this method of receiving these letters, instead of receiving them on paper,” the explanatory note says.
The project leaves open the question of how the traffic police will find out the e-mail address of a citizen. But it's more of a technical thing. Or rather, procedures. Probably, the driver will have to write an application or register somewhere, and there he will indicate his valid mailbox. It is possible that this can be done, for example, on the public services portal. Already now, you can register there to receive SMS alerts about a violation of traffic rules detected, say, with the help of a video surveillance camera.
“Receiving information about the existing fine even before the decision arrives by mail will allow the driver to quickly find out that he has fallen into the coverage area of the complex for photo-video recording of traffic violations,” the traffic police say. “This service, first of all, is necessary for those who did not receive a receipt by mail, or lost the compiled material at the site of the violation by the traffic police inspector.”
To do this, you need to register on the public services portal, indicate your data in your personal account, as well as the data of your car, and once request the service of informing about the presence of traffic police fines. “In the future, if the driver violates the rules of the road and a decision is made on an administrative offense, a notification about this will come automatically,” the traffic police say. “Notifications also come upon payment of a fine and when cases are transferred to the Federal Bailiff Service in case of delay in payment.”
In your personal account, you can choose any convenient way to receive information: SMS to a mobile phone number, e-mail, push notification to a mobile phone or tablet (provided that the mobile application "Gosuslugi" is used). The service operates throughout Russia.
And after the proposed initiative is adopted, not just information messages, but legally significant documents will come to e-mail. With them you can already go to the cashier.
Indicating the mail that you do not use can cost the driver more. After all, according to the law, he will be considered informed, which means that in case of delay, the bailiffs will deal with him. If a person does not pay the fine within 60 days, they face a new fine, administrative arrest or compulsory work.
By the way, you can pay a fine without leaving the portal of public services. In addition to paying through a QIWI wallet, the user can link a regular bank card to the State Services. For reference, according to statistics, about 35 million fines were imposed last year for violations detected using automatic cameras.
Fines can begin to be sent by e-mail
The Ministry of Telecom and Mass Communications has prepared a bill according to which drivers will be able to receive penalty receipts from traffic cameras by e-mail. It is expected that this will help increase the collection of fines, as violators will receive receipts much faster.
The Ministry of Telecom and Mass Communications has prepared a bill according to which drivers will be able to receive penalty receipts from traffic cameras by e-mail. It is expected that this will help increase the collection of fines, as violators will receive receipts much faster.
The bill amends the Code of Administrative Offenses. According to the document, the “letter of happiness” received by e-mail must be signed by an enhanced qualified electronic signature of an authorized official. This is to protect citizens from fraud. However, drivers themselves will be able to choose the way they prefer to receive automatically sent fines: by regular mail or by e-mail.
“The draft federal law has been prepared in order to ensure the transition from paper to electronic legally significant notifications by securing the possibility of sending registered letters in electronic form to persons who have agreed to this method of receiving these letters, instead of receiving them on paper,” the explanatory note to the document says. .
The document does not indicate how the traffic police will learn the e-mail addresses of drivers. Most likely, car owners who have chosen this method of obtaining penalty receipts will have to write an application or register somewhere. In this way, the email address will be transmitted.
It is possible that this procedure will be organized on the public services portal. Already now, you can register on it to receive SMS alerts about the violation of traffic rules, recorded with the help of traffic cameras.
“Obtaining information about the existing fine even before the decision arrives by mail will allow the driver to quickly find out that he has fallen into the coverage area of the complex for photo-video recording of traffic violations. This service, first of all, is necessary for those who did not receive a receipt by mail, or lost the material compiled at the site of the violation by the traffic police inspector, ”the traffic police explained to Rossiyskaya Gazeta.
In order to receive notifications of fines, you need to register on the public services portal, indicate your data in your personal account, as well as the data of your car, and once request the service of informing about the presence of traffic police fines.
“In the future, if the driver violates the rules of the road and a decision is made on an administrative offense, a notification about this will come automatically. Notifications also come upon payment of a fine and when cases are transferred to the Federal Bailiff Service in case of delay in payment, ”added the source of the publication, noting that the service operates throughout Russia.
If the proposed bill is adopted, then not just informational messages will be sent to e-mail, but legally significant documents with which you can go to the cashier to pay the fine.
By the way, using the public services portal, you can also pay a fine, so you don’t have to go somewhere. You can pay via QIWI wallet or bank card.
How long do fines come from cameras
An important question that worries any car owner is how quickly traffic police fines come from video recording cameras. Indeed, in the presence of debt, the offender may have various problems. We are talking about the impossibility of traveling abroad, transferring the case to bailiffs, and even administrative arrest.
In addition, while the chain letter is in transit, the fine may run out of the grace period (20 days), and sometimes the regulated payment period (60 days).
The traffic police must send a letter with a decision on an administrative fine and a photo within three days, counting from the moment the fact of the violation was recorded. The decision is sent by mail in the form of a registered letter with acknowledgment of receipt.
The owner of the vehicle must receive such a letter a maximum of a week after the violation. However, the work of the mail often negatively affects the delivery time of correspondence. In some cases, such a decision may come in two to three weeks.
It is impossible to accurately answer the question of how quickly the traffic police fines come from the cameras. But recipients of such letters should remember that they have 10 days to appeal, counting from the moment they receive it. Therefore, it is very important to keep the envelope and receipt, which will contain the date of receipt of the registered letter in hand.
It is also worth noting that the decision from the recording cameras is always issued to the owner of the vehicle, regardless of who was driving during the violation. In order to appeal the decision on an administrative offense, the owner must prove in court that another person was driving the vehicle at that moment.
Modern technologies allow us to no longer think about how many days a fine comes from the camera, but to instantly learn about all our offenses. One of these technologies is the RosStrafy service, which offers a quick search and convenient payment of all debts for traffic violations.
How long do traffic police fines come from cameras?
Deadline for a fine
The time between issuing a fine in automatic mode and receiving a letter with a copy of the decision by mail can be completely different. It depends on the deadline for the transition of the recorded violation to paper (when the auto-fixation camera writes out a fine), the formation of a letter, its sending and, of course, forwarding this letter to the addressee, which may be located within the city limits, and then the fines go quickly, or in the outback , where letters can be delivered even once a month. How many traffic police fines come in 2018 under different conditions and how quickly they reach the violator, we will find out below.
So, before the fine ends up in the offender's mailbox, it goes through a series of stages of online forwarding, verification, formation and sending in paper form, the longest of which is, as a rule, sending an envelope with a copy of the decision by mail. In general, here you can clearly divide the time of arrival of "letters of happiness" into two main stages:
And if the first stage differs depending on the CAFAP of a particular city and the types of the installed camera, then the second one depends only on the work of the Russian Post and the distance of the offender from the sender.
How long do fines come from portable cameras?
Portable cameras are those that are installed on tripods by the road, in the traffic police car or in other places and are usually set up in the morning and removed in the evening.
Penalties from non-stationary cameras, as a rule, go the fastest. But this applies only to the formation of a letter directly in the Center for Auto-Fixation of Violations (CAFAP) of a particular city, and in some cities the terms differ, but not very much. Depending on the work of the mail, the fine can be sent from 2-3 days to 2-3 weeks.
In general, you can establish the following general data relevant for 2018:
How long do fines come from stationary cameras?
As for stationary cameras for photographing violations, traffic police fines come from them much longer than from portable ones. This is due to more complex software and a larger number of transition points, unlike portable cameras, before the formation of a letter - first, the camera detects a violation, then transmits information to the operator, then the signal goes through a number of stages and, finally, gets to the auto-fixation center, where it is formed “letter of happiness” (the order of the steps may differ depending on the type of camera).
The leader in terms of sending fines is the Avtodoriya camera - the one that hangs on poles in a black box and most often fixes the average speed, measuring how far the car will travel a predetermined distance between two such cameras.
Approximate terms, after how many traffic police fines come from the Avtodoriya cameras and many other stationary auto-fixation cameras:
- If you live within a large city, then a fine from the camera can come in 4-7 days.
- For residents of small towns and suburbs of any city - in 6-10 days.
- For residents of the outback - in 7-25 days.
This is not official data, but experience and some statistics for 2018 with a pre-set sample of the number of fined drivers.
How not to lose the discount period if the fine from the camera comes later than 20 days later?
So, we know that most traffic police fines can be paid at a 50% discount within 20 days after the date of the decision. " Stop- you say - if the deadline starts from the date of the decision, what if the letter arrives later?!«
Exactly! If the fine from the camera comes after 21 days or later, then you can miss the deadline, and you will have to pay such a fine in full. But why wait for a letter if you can see the fines on official websites, applications and many more places. So, the official website of the traffic police allows you to check the fine without registration and in just a few clicks; Public services allow you to subscribe to fines by Email and even by SMS (SMS messages arrive on time and properly). Also, many smartphone apps in 2018 are able to notify their users of new fines.
From January 1, 2016, drivers and vehicle owners can. The main condition is that payment must be made no later than 20 days from the date of the decision. In this article:
Which fines can be paid at a discount, and which can not
The discount does not apply to all types of violations. The discount does not apply to a number of repeated violations, as well as gross violations of traffic rules (for example, drunk driving). Below is a complete list of violations that cannot be paid in the amount of half the amount of the fine:
- repeated offenses (part 1.1 of article 12.1, parts 6 and 7 of article 12.9, part 3 of article 12.12, part 5 of article 12.15, part 3.1 of article 12.16 of the Code of Administrative Offenses of the Russian Federation);
- driving a vehicle by a driver who is in a state of intoxication, transferring control of a vehicle to a person who is in a state of intoxication (Articles 12.8, 12.26 of the Code of Administrative Offenses of the Russian Federation);
- a violation that resulted in the infliction of light or moderate harm to the health of the victims (Article 12.24 of the Code of Administrative Offenses of the Russian Federation);
- if the execution of the decision was delayed or delayed by a judge or bodies of the State traffic inspectorate;
- fines of GKU "AMPP" - Moscow parking for non-payment of parking (responsibility for this offense is provided for in article 8.14 of the Administrative Code of Moscow).
In other cases, it is enough to pay only half the amount of the fine.
Payment term with 50% discount
If the discount applies to your fine, then you can pay half of its amount within 20 days from the date of the decision.
The date of issuance is the day when the traffic police decides to hold you accountable and issues a decision to impose a fine. It often happens that the camera will record your violation today, and the decision will be issued only in a week or even a month (maximum 2 months).
"From the date of the decision" means that if you find out about the fine or receive it in the mail after 21 days, the discount will no longer apply.
Here is what the law says about it:
Article 32.2. Code of Administrative Offenses of the Russian Federation. Execution of the decision to impose an administrative fine
...
1.3. When paying an administrative fine by a person brought to administrative responsibility for committing an administrative offense under Chapter 12 of this Code, with the exception of administrative offenses under Part 1.1 of Article 12.1, Article 12.8, Parts 6 and 7 of Article 12.9, Part 3 of Article 12.12, Part 5 of Article 12.15, part 3.1 of article 12.16, articles 12.24, 12.26, part 3 of article 12.27 of the Code, no later than 20 days from the date of the decision to impose an administrative fine, an administrative fine may be paid in the amount of half the amount of the imposed administrative fine. If the execution of the decision on the imposition of an administrative fine was delayed or spread over time by the judge, body, official who issued the decision, the administrative fine shall be paid in full.
...
In order for OnlineGIBDD users to always have time to pay fines at a discount, we notify them free of charge by e-mail, by SMS and in the mobile application that:
- issued a new fine;
- the discount expires and must be paid;
How to pay fines in 2018
Today in Russia, according to the law "On the organization of the provision of state and municipal services", the following procedure applies:
- The traffic police, MADI and GKU "AMPP" are obliged to immediately send data on decisions to the database of the Federal Treasury (the State Information System on State and Municipal Payments, or briefly - GIS GMP);
- credit organizations do not have access to the traffic police database, therefore they check the presence of your fine in the GIS GMP system;
- if there is no fine in the GIS GMP, then it will not be possible to pay it - you will have to contact the State traffic inspectorate and ask for a fine to be paid in the GIS GMP;
- if a fine is found, the bank will have to accept your payment and send payment data to the GIS GMP;
- after that, the traffic police must independently obtain information about the payment of the fine from the GIS GMP.
It is not at all necessary to go to the bank, fill out a receipt for payment and stand in line. Through the Online traffic police, you can pay off any fine from the traffic police, MADI, AMPP in real time.
To do this, you just need to check the fines on the page (), mark the regulations that you want to pay, go to the payment form, select a method and pay. We will send money to the traffic police, data in the GIS GMP and control the repayment of your fines. And you will receive a payment receipt by e-mail.
How to pay fines at a discount
In order for the discounted fine to be paid off correctly in all databases, it is necessary that:
- the bank through which the payment is made immediately sent the payment data to the GIS GMP;
- the bank has sent the correct information about the date of receipt of your payment to the GIS GMP;
- the commission was paid in excess of the amount of the judgment.
If the discount is already ending, and the bank, when sending the data, incorrectly indicated the date of your payment, then you run the risk of remaining owed another half of the fine. You will have to deal with this later - with a traffic police inspector or a bailiff.
Some banks try to insure themselves against such technical problems and do not accept payments for fines at a discount if the client came to pay 1-3 days before the end of the discount.
When paying through the terminal, the commission can be deducted from the payment amount and then in the Treasury database you will have a debt in the amount of this commission.
When paying fines through the Online traffic police, the amount payable, taking into account the discount, is calculated automatically. You can pay off the fine with a discount on our service until 24 hours of the last 20th day of its validity.
Will the discount be retained when appealing the decision?
Only theoretically. Hardly ever. Let's explain why:
- Let's say the decision was made on 10/01/2016. The discount is valid only for the first 20 days, that is, until 10/20/2016 inclusive.
- Taking into account the work of the Russian Post, you received a letter with a resolution on 10/07/2016.
- A complaint against the decision was sent to the traffic police on 10/10/2016.
- Your appeal came to the contractor on 10/12/2016.
- Add 10 days to this date, during which the traffic police consider the complaint and a couple more days until you receive a response to your application.
Taking into account the terms of consideration, sending documents, filing a complaint and collecting all documents, 20 days to pay a fine at a discount will already expire. And if your complaint is not satisfied, then you will have to pay a fine of 100%.
It is important to evaluate your chances of having the order overturned and make a decision taking into account all the circumstances.
However, you can insure yourself. Pay the fine at a discount and go to appeal the decision in court. The fact of paying a fine does not mean that you agree with the conclusions of the guardians of the law. If such a fine is canceled, you can always return the money paid.
I paid on the last day, will the discount be taken into account?
Based on our experience, not all banks are able to properly process fine payments on the last day of the discount. Some credit organizations may insure themselves and not accept your payment if there are 1-3 days left before the end of the discount.
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In connection with the innovation of February 1, 2016, appeared. This privilege applies only to those persons who are ready to pay the fine within 20 days from the moment the punishment order comes into force.
Next, the question will be raised regarding the draft federal law, which tells “On Amendments to the Code of the Russian Federation, Art. 31.8 and 32.2 regulating administrative offenses”. In this project, it is proposed to increase the term for paying a fine at a discount.
Law extending the 50% discount on fines
If we consider the state of affairs as of February 6, 2018, then the draft law concerning the introduction of amendments to the articles on administrative offenses of the Code of the Russian Federation was prepared by the Ministry of Internal Affairs, but was not submitted to the State Duma of the Russian Federation for consideration.
Is it possible to restore the term for paying a fine at a discount?
Here, an additional explanation is needed, which may well be added to the Code of Administrative Offenses, Art. 32.2 h. 1.3:
In what cases can a missed payment deadline be restored?
The likelihood of recovering missed deadlines increases when conditions such as:
- If the issued decision containing information on the amount of the fine is sent to the driver by registered mail. In these cases, fines are recorded by CCTV cameras, which operate automatically. Fines imposed by the traffic police do not fall under the possibility of extending the discount.
- Some slowness in the work of the mail leads to the fact that the letter with the decision enclosed in it is delayed and arrives not after 20 days, but later. In this case, the driver can count on a discount. But, if the letter arrives on the 19th day, and the fined driver does not have time to use the 50% discount on that day, then he loses the right to extend the payment period at a preferential discount.
- To extend the discount period, the driver must write a petition to the judge or any other official who participated in the decision.
It is necessary to pay attention to the casus of such a question: upon receipt of a registered letter to the driver, it is not completely reliable what is inside the sealed envelope. Even if the recipient of a registered letter has a premonition that the envelope contains a decision with penalties, he does not know for sure about the timing of the decision.
In the envelope of any letter, there may be a decision with a fine issued 19 days earlier and it is no longer possible to extend the discount in this case. Therefore, the receipt of a registered letter must be associated with the day when the driver will be morally and financially ready to pay the fine due to him.
In some cases, the driver needs to confirm the date the letter was received. Of course, postal employees are required to record the date of issue of such letters in their documents, but it is not their responsibility to issue a confirmation of receipt to the addressee. The date of issue is not put down on the envelope either, only the date of departure and receipt at the appropriate post office.
How to extend the term of payment of a fine with a discount?
Pay attention to another equally important point. at a discount are not subject to automatic renewal. In order to extend them, it is necessary to submit a written request to the traffic officer who issued this decision on the collection of a fine. You can personally visit the unit and leave a document (petition) there, or you can send it by mail, as a registered letter.
This procedure is not difficult and requires only a little time and money if the application is sent by mail.
The new bill can help those car owners whose habit does not change over time, and they learn about their penalty obligations by mail. But if you periodically go to the official website of the traffic police, then in the event of new fines, you can pay them on time, and even with a 50% discount.
We remind you once again that this article talked about an innovation that is at the project stage and does not work yet.
