Penalty for reinforcing traffic rules. What is a re-violation of traffic rules and what punishment follows him? Examples of repeated violations

Those who have already been caught in violation of the rules should be aware of the time being re-violation of traffic rules in Russia in 2020 and how to avoid the appointment of another fine or deprivation driver's license.

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With repeated violation of the rules road Punishment is tougher. This is necessary in order to protect other road participants from possible getting into an accident.

Decision, after it comes into force, is valid during the year. This rule is valid only when the fine is appointed. The countdown starts from the date of payment. In the case of a driving license, the timing is calculated differently.

Main aspects

If the driver is violated, the COAP norms, the inspector writes out. At the same time, he checks through the duty officer, whether such an offense was performed earlier.

A protocol is drawn up, but the inspector does not endure. He transfers documents to the traffic police department for consideration, where the decision will be made on further actions. Possible transfer of securities to court.

The dimensions of fines with a repeated violation increase several times, also often the driver is deprived of rights for 2 to 3 years, depending on the type of violation.

If the driver was previously deprived of the certificate, but decided yet to sit behind the wheel, he would have to pay a fine of about 30 thousand. The question of returning rights will be solved in court.

Necessary concepts

Each driver must know the following definitions:

All that in the protocol will be incomprehensible to the driver, should be clarified by the inspector, which is.

When time expires

From the moment of payment, the fine must pass the year before the perfect offense will not be reversed. Making the protocol, the inspector always submits a request to check the driver.

If less than a year ago, a fine was issued on it, it will be known, and will have to pay a recovery in a double size, or give driver's license.

If driver's license was previously selected, then the term is calculated from the moment of their return. In many ways, the severity of punishment depends on what an offense was committed by a citizen. For drunk ride, only deprivation of rights is assumed.

Normative base

The dimensions of the fines during the repeated offense are set by the rules:

According to, repeated offense will be considered only if the same article is violated as before, and the period established by law has not expired.

However, in line with recent innovations In the legislation, when checking, not only the type of violation is taken into account, but the fact of attracting responsibility - the inspector checks whether a citizen is law-abiding or not.

For which time, the violation of the traffic rules is considered repeated in 2020

Since the appointment of punishment for the previous offense, a year must pass before the driver can repeat it without too unpleasant consequences.

Re-management is particularly punishable vehicle drunk. The moment from which the term is calculated:

1. If, as a penalty for the previously perfect misconduct, a fine was appointed, then a one-year term is calculated since its payment. At the same time, it does not matter whether the penalty was paid ahead of schedule, and whether a 50% discount was appointed on it.
2. If the driver's license was selected - the end of the deprivation period.

If the crime is committed repeatedly, the statute of limitations during deprivation of rights begins to expire from the moment they were returned to the owner, according to the norms of the Administrative Offenses Code.

The amendments were made, according to which the driver, previously caught and punished for drunk driving, makes this offense again, will be punished not by administrative, but in the Criminal Code.

The size of the fine in this case increases significantly - it is 300,000 rubles. This norm applies not only when managing a personal car, but also when driving public transport - tram, trolleybus.

As an inspector establishes that non-compliance has already been committed

When drawing up a protocol, the traffic police inspector checks the driver for the newly created base, in order to make sure that it was not previously imposed on a drunken fines behind the wheel or other serious offenses.

In case of detection of the repetition of the offense, the documents are transmitted to the traffic police department, where the final decision will be made. Most often, the case is transferred to the court for further consideration.

The Administrative Office has specialized articles in which the prescribed punishment is given for re-committing a citizen of the same offense.

What punishment is waiting for the driver the second time

One of the most serious road offenses is drunk. If the driver is caught in normal ride, it can still get rid of a fine, the size of which is quite large - about 50,000 rubles or 300 thousand rubles under the Criminal Code of the Russian Federation.

The deprivation of rights for a long time is carried out if the fact of alcohol intoxicating the driver will be detected when performing a serious accident, in which victims will also be. This situation establishes criminal liability.

For speed exceeding

The fact of exceeding the speed is fixed by special photos - and video devices:

• radar;
• stationary radar;
• camcorders installed in different parts of the city.

According to the Administrative Code, unignificant, a re-penalty is prescribed in the usual size - up to 5 thousand rubles.

The situation is different if the driver exceeded the speed of more than 60 km. hour. In this case, the punishment is deprived of a driver's license for up to 1 year.

Often drivers are interested in what speed is permissible. The correct answer in this case is no. However, the punishment for exceeding up to 80 km. An hour is most often appointed.

Drunk drunk

The most stringent punishment is applied for re-driving in. In this case, it is necessary in order to prevent a serious accident. The punishment applied is to deprive rights for up to 3 years.

Also, by a court decision, another type of punishment can be chosen:

So, if the driver is not corrected, and violates the law again, for one year, a more severe punishment is applied - an increased fine or imprisonment.

Toning

The most common violation is wrong. Believing that "rolling", drivers pay a small penalty and continue to ride with a film on the glasses.

However, when re-stopped, the amount of recovery increases significantly. Initially, the size of the fine is 500 rubles, but if the driver will be reused, the punishment increases to 1500 rubles. This is provided for in Article 12.5 according to the Codex on Administrative Offenses.

Video: PDD violations

Fixed with cameras

The penalty of 5,000 rubles is assigned to the driver, the violation of which was re-recorded using road video cameras:

1. COAP, Article 12.7 - Excess speed of more than 60 km. h (minor excess).
2. Departure to the oncoming lane.
3. Departure to the tram paths at the oncoming movement.
4. Ride towards a stream on a highway with one-sided movement.

If the statute of limitations has already expired, and the inspector continues to insist on the deprivation of driver's license, the citizen should collect evidence and provide them with the court. Punishment will be appointed legitimate, in accordance with the violation committed.

In order to improve his position in a situation where the inspector stopped for committing an offense, and it turns out that it was performed again, it should be used by some advice:

Violation of road rules entails administrative responsibility. The volume of fines are changing and tightened to more effectively prevent the occurrence of road accidents. But even more good is the punishment for the re-violation.

It is logical, because the larger the fine, the more seriously the driver thinks about how to avoid an undesirable situation and how to behave on the road. What measures are being taken in relation to "recidivists" and can they threaten the deprivation of rights, it will be discussed in this article.

What does the re-violation of traffic rules mean?

To deprive the driver's license can under many conditions. To begin with, we will define the wording of the concept. The Code of Administrative Offenses in Article 4.6 indicates that, after what time, the violator threatens the deprivation of a driver's license.

During the year from the moment of entry into force of the decision on the violation of the rules of the road, the violation of the same article will be reversed.
The beginning of the reference depends on the previous penalties.

So, if the inspector was assigned a fine, then only from the moment of its payment the validity period begins. Recall that for payment in 2017, a period of 70 days is taken - it includes 10 days to appeal and then 60 on payment. Also now there is a law on encouraging the timely repayment of fines, according to which in the first 20 days the fine is made in the amount of 50%.

Let us give an example for what time a re-violation of traffic rules will act: if you have committed a violation on September 25, 2016, the ruling acquires legal force on October 5th. Suppose you paid on October 20th, in this case, on October 20, 2017, the violation will cease to be reversed upon recurrence.

The second measure of punishment is deprivation of rights. With this development of events, the term will begin to act only since the return of the driver's license.

There are also agonizing circumstances on which the size and measure of punishment depends. But first should be dealt with how "repetition" define.

The procedure is simple - the inspector in the preparation of the protocol specifies information from the duty officer. In case the driver was evaluated in the same violation, the decision on the fine is not taken out. The finished protocol in the composition of the case is transmitted to the duty part. Sometimes instead of part, the decision makes the judicial instance.

It is also important to know the following:

• Any violation provided for by the Codex on Administrative Offenses will be considered repeated if the driver is attracted during the year from the previous one. It is necessary in order to find out the degree of general law-ability;
• Drunk management for the second time is punishable by the Criminal Code of the Russian Federation under Article 264.1. According to this article, the recidivist driver should be dedicated to the driver's license, to establish a fine of 200-300 thousand rubles.

In addition, 480 hours of mandatory work may be awarded or imprisonment for up to two years. The same measures are accepted if the management was transferred to a drunk comrades.

What types of punishment are for a re-violation?

Since the purpose of tightening the punishment is to increase the discipline and vigilance, the measures that the recidivists are accepted look much more impressive.

Consider the most common precedents:

• The movement on the red light is punishable by a fine of 5,000 rubles in size or deprivation of rights from 4 to 6 months.
• The same amount of recovery is assigned for re-controlling an unregistered vehicle. The judge may also ban driving for 1-3 months.
• The re-exceeding speed of 60-80 km / h is punishable by deprivation of rights for a year. If it was recorded by fixing devices, the "letter of happiness" will be indicated fine, the size of 5000 rubles.
• Not for the first time crossing the railway tracks in incable placeYou risk lose your rights per year.

In general, the number of hours of compulsory work, the measure of punishment and the amount of recovery is determined by the judge. It is worth remembering that the re-violation does not have law enforcement agencies To you, so it is not necessary to hope for loyalty.

How to act when it came to respond to the law?

When the road incident has already repeated, it remains only to decide on the return of rights and draw conclusions. By law, to pick up your driver's license, you need to pass the exam for knowledge of the rules of the road and pay the state fee.

In some cases, inspectors can transfer the case to the duty party even contrary to the fact that the term is already expired. It makes sense to find out the causes of this. The main thing is to know what to do: first of all, you yourself should know how much time has passed since the beginning of the timing.

If you are confident in injustice in relation to yourself, then you have the full right to appeal the decision of the inspector within 10 days from the date of the incident.

Also a positive factor in the sentencing of the judge is your characteristic. In some situations, the violation is a forced measure. For example, the driver was guided by the principle of smaller damage or the road sign was obscured. In this case, you will need to provide justifying materials.

Part administrative codeSupporting road offenses is distinguished by comparative loyalty with respect to negligent drivers. For this reason, punishment for many violations have two levels of rigidity.

The first level is more preventive and refers to those who violate traffic rules for the first time. Punishment on it is relatively soft.

In the case when a preparatory violation of traffic rules is performed, the punishment is tougher and threatens or an increase in the fine, or by depriving the driver of his rights.

We will understand how time the repeated impaired traffic rules leads to the deprivation of Wu.

How to calculate the time before re-violation?

All administrative offenses have their own validity period. Therefore, the law has a concept that the offense is repeated and punishes over the second level of rigor. As stated in Article 4.6 of the Administrative Code, it is 1 year. However, you need to be able to count it correctly:

• If the penalty is punished for the primary, The period at which the offense is perceived as a violation starts from the moment of payment of the fine.

• If the driver was deprived of the driver's license, then the countdown should be done from the date of the expiration date of Wu.

How to identify repeated administrative offense

In a situation where the driver is caught for a re-violation of traffic rules, in most cases the road inspector on the spot is associated with the duty part and learns whether the last year has been similar offenses and whether all fines are paid. If any, the patrol is the protocol, but no fines take place. Upon completion of the shift, he refers documents into the duty part, where further decision is made.

A situation is also possible when the papers are sent to court. Most often, such development concerns the question of depriving the driver's license.

If the autoinspotor did not recognize on the place of the presence of similar offenses, in such situations, the check is carried out after the shift in the onset part. In case of detection of repetition of violation, the driver will be notified and the decision will be made.

Punishment for repeated violation of traffic rules

The question of whether the offense is repeated or not, it gets up only in cases where the failure to comply with traffic ruins significantly threatens to other participants in the movement on the roads.

For this reason, depending on the severity of the violation, the motorist is punishable by a high penalty or deprivation of rights.

Drunk

Repeated drunk driver threatens:

• fine 200000 - 300,000 rubles,
• forced work for a period of up to 480 hours,
• imprisonment up to 2 years old
• 2 years of forced work.

PDD repeated violations fixed on camera

For the listed re-execution of an administrative offense, recorded by the photo and video confixation, the driver is waiting for a fine 5000 rubles:

• exceeding speed of more than 60 km / h (Article 12.7, P.7 of the Administrative Code),
• departure to the oncoming traffic lane (Article 12.15, p.5),
• departure to the tram tracks of the counter movement,
• movement on the road with one-sided movement to the meeting in the flow (Article 12.16, paragraph 3.1)

Controversial situations after the expiration of the year

A situation is quite possible in which the limitation period of the offense has already expired, but the auto aspor continues to insist on the deprivation of driver's license. In such a situation, it is necessary to prepare evidence and go to court. Operating in Article 4.6, the COAP motorist will be able to prove that the actions of the DPS officer are illegal.

What Russian does not like fast ride. Do you know these? If you know, you are lucky. Drivers who never broke the speed mode, no. That is why to read everything behind the wheel.

This material will be discussed about the most common violation and its consequences. According to the reports of the traffic police of the Russian Federation in 2017, against 2016, fines were written for quick riding more than 30%. And in just over the past year, almost 70 million protocols and regulations. Impressive! The bulk of violations is 96% for exceeding 20-40 km / h. At the same time, there is a bad tendency to increase such an indicator as the re-exceeding speed of 40 60 km an hour, more than twice. For a re-violation of traffic rules for exceeding speed, almost 1.5 million protocols were compiled.

Experts explain such "wonderful" statistics to an increase in the amount of speed control. Cameras on the roads can stand anywhere, and in any amounts. It seems that the main purpose of automated systems is not prevention and control over compliance with the order on the roads, and the means of filling local budgets and the main activity of numerous guards (operators) of mobile cameras. Motorists, with their love of speed, provided the work and money of many.

Lawmakers promise to adopt new laws in the near future, which will regulate the installation and use of automatic and automated speed control complexes. Maybe after that, the installation of such funds will acquire the logicality and understandable algorithm, and the most important limited number of 1 km. Roads.

The relationships on the roads between controlling and controlled participants of the movement for a long time were folded as in an israged novel. Some sit in ambushes and try to catch, others, showing inhuman efforts and intuition, try to hide the fact of violations. But technical progress intervened here. Occupity disappeared and remained routine. However, the most inventive and inquisitive intelligence still find the opportunity for deception.

There are two types of disorders control systems:

1. Automatic cameras. They work in fully automatic mode without affecting the work of a person. Behind a person only installation and that.
2. Automated. These are mobile cameras, the installation and setting of which is assigned to humans.

The use of automatic systems, i.e., working without human intervention, and these are stationary chambers of the type of arena, the arrow, rapier, etc., fixing violations, does not cause special suspicions of the inaccuracy of the data obtained from these funds. They are configured to work in a strictly defined place and record violations of traffic rules and road regulations precisely by parameters prescribed in the program. The program is written to install the device according to specific coordinates and road conditions. And the place of installation is coordinated with the traffic police unit and local authorities. Getting here for speeding is quite difficult, for this you need to be extremely inattentive. And even more so, twice.

But automated systems and their use cause many questions. The fact is that these are mobile photo science cameras (radius, Berkut, Vizier, etc.). Installation and binding to the terrain make specially trained people. From who, how and what they taught them, will largely depend on the efficiency of the device. Setup and installation are of great importance. Using the "competent" installation, it is possible to significantly increase the number of violators identified, significantly increase their salary and budget revenues. Mobile cameras are most of all fixing the impaired speed mode. They are always skillfully hidden, apparently it enters the training program, and you do not need to put warning signs at the installation site. It is on them that drivers fall. It happens more than once.

The third way to combat violators, these are mobile traffic police posts. Employees of the auto inspection are allowed to control the roads on the most intense and emergency dangerous areas with the use of technical means. In our case, this is a manual photo science device or as they say - radar. The crews are also allowed to protect control, using the terrain, the facilities of the road infrastructure, etc., and there are no ambushes. Also control can be carried out on a civil car. Data on violation and violating is transmitted to the crew by car, having a coloring according to the traffic police scheme. This crew "takes" the intruder and conducts execution.

It should be noted that patrolling on machines in the auto inspection goes into the past, although it is still found.

If the exceeding was recorded with the help of cameras, the impairment of the speed limit on the fact of the administrative offense committed by him learns, finding a letter in the mailbox with a photograph of the moment of exceeding and the decision to bring to responsibility. Those who have a personal account on the website of the State Service also with the help of an SMS message.

The amount of the fine is fixed and will be:

• 20 - 40 km / h - 500 p.
• 40 - 60 km / h - 1000 p.
• 60 - 80 km / h - 2000 p.
• 80 km / h and more - 5000 p.

For a re-violation of the speed mode, the fines are significantly increasing.

Repeat violation is considered when after the first did not pass one year. Behind the beginning of the reference of the first violation, it is not the fact that the date of entry into force of the ruling is taken. The deadline for the decision plus the time to appeal is taken into account.

Repeated penalty for speeding:

• 40 - 60 km / h - 2000 p.
• 60 and more km / h - 5000 p.

It is necessary to pay attention to the next nuance, if today you have fallen out in the range from 40 to 60 km / h, and tomorrow from 60, then this is not a repeated violation. The ruling will be made on the fact of exceeding 60-80 km / h.

The above fines are used if non-compliance with the rules of motion were recorded in automatic mode. Influence the amount of the fine is impossible, since the processing of the received information occurs automatically. There are many cases when the automation has endowed the wrong decisions. For example, the speed of movement of the machine, fixed by the control devices, significantly exceeded its technical capabilities. And, nevertheless, "letters of happiness" with such violations and a fine for them come.

Explicit errors or failures in the work of electronic complexes challenge quite easily. To do this, you need to contact the division that has written fine with the application.

With regard to the decision to punish the violators on the basis of data from automatic systems, the presumption of innocence does not apply. Consideration of the case by administrative offense happens in special order, without making the protocol and participation of the violator. The appeal is given 10 days. Then the ruling, if there was no application or complaint, enters into force and will have to pay a fine. This is done by law 60 days.

Neulation on time threatens new material losses and sanctions. After 90 days, the case materials will be transferred to the bailiffs. The amount of the fine will grow twice. It is possible to use other punishment measures:

1. Mandatory social work 50 hours.

There are some relaxation for the fines. This is a grace period of 20 days, during which you can pay a fine with a 50% discount. It begins to act since the presentation of the decision to the violator or his representative. This is not so much care for the intruders, how much to stimulate rapid payment.

If, during the movement, the traffic police pavement recorded, everything will be more expensive and more difficult.

The protocol is drawn up in place. The driver is imposed by the radar testimony, and on the basis of these testimony, documents are issued in the presence of an intruder. The protocol is given to the driver for familiarization and signature. If he agrees - signs if not - writes in the protocol, which disagrees. One copy remains at the driver.

In the first case, the chances then reduce the cost or completely rejected from punishment, almost no. In the second there is a chance to be invited to parsing and give explanations there. Perhaps it will facilitate the fate. Failure to sign in the protocol of the essence will not change, and the decision will still be accepted and not in favor of the driver.

Punishment, namely, a fine, despite the "plug" from the minimum amount to the maximum, almost always assigns the maximum. That is, if the law for exceeding 40 to 60 km / h is a fine of 1000 to 1500 rubles. It will write down - 1500 rubles, a penalty for a repeated impaired speed mode - 2500, and by automation - 2000. The re-excess of 60-80 km / h leads to the deprivation of rights per 1 year.

Failure to pay or untimely payment in this case is almost no different from the rest of practice, but another one is added - administrative arrest For a period of up to 15 days.

Payment of fines with a legal entity

The introduction of mass control on the roads created problems not only by private traders, but also numerous road transport companies and individual entrepreneurs engaged in freight and passenger transportation. Especially acutely the problem of high-speed disorders are under the implementation of long-distance traffic. Wagons running on "shaking flight" or long-distance buses Obligating "Dormants" at a speed of 90-100 km / hour of passenger cars are quite ordinary spectacle. A passenger taxis with "Djigit" behind the wheel, jumping out of a number of in a row. Most drivers work on labor contracts for the owner.

Drivers will be "bringing" by the owners of quite large fines and not only for exceeding. Requirements for these types of transport are much larger than to the passenger transport belonging to the physical face.

The dimensions of the fines do not differ, the difference in the form of payment:

1. Yur. The face pays fines without cash.
2. Calculation occurs by transferring funds to the settlement account specified in the Resolution.
3. In the payment order, the name of the driver is necessarily indicated, for which the penalty is paid.
4. When drawing up a protocol on the driver, the inspector must specify the owner of the machine.
5. "Letters of Happiness" come to the legal address of the company, according to which transport is registered in the PCDD.

The payment is allocated, like a part of 60 days. For late payment to administrative responsibility attracted officers Companies, which in their official duties are responsible for the safety of the movement and operation of the enterprise's vehicles. If there are no such persons, the director or entrepreneur who owns the vehicle is responsible.
The company can avoid payment of a fine, if he proves that at the time of the violation, the driver used the car for personal purposes. Technical progress will help here, since the entire cargo and passenger transport is equipped with movement control devices working on the GLONASS satellite navigation system, and properly executed documents. In prescribe the entire route of movement, from which the driver does not have the right to deviate.

The grace period is paid at 50% discount - 20 days. Make it in it is problematic if the violation occurred in another region. Letters come with a delay, and the process of "parsing flights" in large companies does not happen quickly. To check the fines through Internet resources, you need to hide the controller, the salary of which "Eat" savings.

Enterprises are eligible after calculating the traffic police subtract (to hold) from the driver's salary of the brought a fine, the amount of the cost of payment of fine.

In order to streamline the relationship between the driver and the employer, an additional paragraph is made to the contract when admitting work, in which the parties are stipulated for traffic violations, or a reservation in the Treaty of Material Responsibility is made.

Lawmakers constantly show care of road users. Without tired, amendments are made to the existing rules and regulations. Responsibility is tightened, and fines are increasing. But this does not have a proper impact on most drivers. As violated, and violate the evidence of the statistics of traffic police.

Recompicals are especiallylaring. A person who committed a serious violation does not make the right conclusions, but is looking for ways to deceive the camera. And the question of his stay on the freedom or life of her and loved ones, does not find a response until the trouble is born.