The legislation of almost all progressive states allows the use of automatic amnesty in relation to certain types of punishment. This method is also used in Russia. It applies to traffic offenses. There is a certain period of limitation on traffic police fines, after which, according to the law, the driver is not entitled to demand repayment of debt.
- 1 Possible maturity penalty
- 2 What to fear
- 3 payment options
- 4 Fact of limitation
- 5 Violations from video recording cameras
- 6 The work of bailiffs
- 7 What will help the car owner
Possible maturities of the fine
The presence of the norm in the legislation on the possible write-off of debts instills optimism in a certain category of car owners, however, it is not necessary to expect that the limitation period for traffic police fines will completely eliminate the hassle. The fact of non-payment will still remain fixed in the database. A rash, conscious decision to refuse to pay a small amount may cost the driver a loss of reputation for possible further traffic violations on the road.
You need to know that the period of validity of the fine for violation of traffic rules in Russia is two years for all car owners.
At the end of this period, citizens legally have the right not to pay the amount specified in the resolution. All claims about the incident with the driver are removed automatically.
In order not to get into an undesirable situation, it is necessary to know how long the statute of limitations on administrative offenses of the traffic police is calculated. Law enforcement officers begin counting the established period 10 days after receiving a copy of the protocol. These days are given to appeal the verdict.
Drivers are not always in a hurry to settle with the state, delaying the repayment time for various reasons. They may have problems after almost two and a half months. This segment consists of the periods established by law, which we list in chronological order:
- the first interval of 10 days is given to appeal the decision of the law enforcement officers;
- the second interval of 60 days is provided for the voluntary repayment of a fixed amount;
- the third interval of 10 days is necessary for the transfer of the case to the FSSP service, the duties of which include the seizure of property or part of the proceeds in favor of paying off the established sanctions.
As a result, the time odds will be 80 days. Some drivers hope that, because of the relatively small amounts of 500 or 1000 rubles, bailiffs may not be so diligent in their duties. However, in reality this is not always the case.
You need to know that after the transfer of the case to the FSSP, a second decree on the collection of a fine in double size is being prepared in parallel.
What to fear
The deadline for compulsory payment of the fine begins on receipt of the receipt and a copy of the protocol on hand This rule applies both to the direct receipt of documents from a law enforcement officer, and from automatic fixation systems. Waiting for the period when the administrative fine for violation of traffic rules expires, the driver runs the risk of receiving serious punishment if he is caught by a traffic police officer to check:
- doubling the amount of the fine, and for small amounts the value cannot be less than 1000 rubles;
- serving correctional labor for 50 hours;
- arrest for a period of up to 15 days, which was often used for a period of 5-6 days.
Travel lovers outside the country may also have difficulty crossing the border. Citizens who have one unpaid traffic police fine or several for an amount of at least 10,000 rubles will be refused a departure. However, in this case it is necessary to have a court decision on this issue.
For those who do not wish to tempt fate and wait for the entire period, how much the traffic police fine is in effect before it is fully written off, we recommend paying the debt in full. The current Code of Administrative Violations allows you to do this in several ways:
- allowed for large amounts deferment for a period not exceeding 30 days;
- it is allowed to pay by installments, which is issued a maximum of 90 days;
- It is possible to get a preferential repayment mode.
The preferential treatment is provided by the jury. For its registration it is necessary to apply to this body with a notarized certificate on hands. The document is provided at the place of work and indicates in it the facts of a difficult financial situation. Such an operation is carried out for 10 days since the signing of the protocol on traffic violation.
Fact of limitation
It is not quite true to assume that in the case when 2 years have passed since the writing of the fine, he was not paid, then in any case after the expiration of this period the ruling will not be executed. In such situations it is necessary to distinguish two concepts:
- the time of the ruling;
- time the decision enters into force.
In the second case, it is necessary to add 10 days to 2 years, the period when the driver can file documents to appeal the decision on administrative violation. You also need to know that without full repayment of the amount of debt from the driver (if a non-payment is detected, rights will be withdrawn) the certificate will not be returned.
Hiding until the traffic police fines are written off, the driver in a major city is almost impossible. The following reasons affect this:
- availability of up-to-date and timely updated databases of law enforcement officers;
- quite effective work of FSSP specialists;
- There is a ban on the registration of vehicles with outstanding fines.
Violations from video recording cameras
Widespread automatic means of fixing traffic violations. Especially a lot of on the streets of major Russian cities and federal highways. The validity period of the traffic police fine from the cameras is the same period as with other methods of fixation. Regarding violations, the same regulations apply.
The only difference is in the method of notification of the offender. This forces timely monitoring of the availability of established sanctions through various online services for timely repayment.
It is necessary to take into account that according to Article 4.3 of the Administrative Code, when committing a repeated offense (the second time in a year) for the driver, the unpaid fine in the database is an aggravating circumstance.
Important! For non-payment of a fine, which is fixed by a video camera, it is impossible to impose such type of punishment as arrest. The remaining available interventions are used.
The work of bailiffs
When the bailiffs find you during the two-year period of evasion from paying a fine, they will take a relatively short repayment period of 5 days. Otherwise, bank accounts, property or other valuables will fall under arrest.
In most cases, it’s possible to get into the window of possibilities of non-payment of fines in the statutory 24 months not to those drivers who hide well, but to those who for various reasons are not looking for or are looking in bad faith. This follows from the Administrative Code of Article.31.9, paragraphs 2, 3, 4. In not specified:
- the statute of limitations begins to be recalculated if a person is found who has knowingly evaded payment of the amount or his property;
- when the amount of the fine must be repaid with installments, then it is taken into account, so the period is extended for the period of installments.
What will help the car owner
On the drivers' side, excessive bureaucratization and propensity of various organizations for delays can be found. Similar cases are taken into account in the Administrative Code of Article 4.5:
- it is forbidden to make an order two months after the violation has been committed;
- when considered in court, it is forbidden to make a decision after three months.
This means that when the driver received a letter notifying him of a violation that was committed more than two months ago, he has the right not to pay the fine legally.
It is necessary to distinguish between cases when a written notice of violation came to the post office in a timely manner, and the driver simply does not take it for a long time, then this letter is sent back. In this case, the decision will take effect from the moment of return. Date is taken from the stamp on the envelope.