Any driver with experience probably once in his life came across the situation when he was discharged fine. And the driver does not always agree with his legitimacy. Some citizens silently indulge, fulfilling the requirements law enforcementAnd some are still trying to defend their rights. Consider how to appeal against the traffic police penalty from the camera, sample complaints and which consequences are possible if you ignore such law enforcement requirements.
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Right to appeal
Document in violation rules PDD makes a court or traffic police. For example, in the capital records such offenses of Madi. After receiving the ruling, everyone himself has the right to choose the order of his actions: to accept the written and pay the penalty or to appeal the decisions. Clear thing that if the violation of standards on the face, there is no point in doing this. Consider when it is possible and how to make a complaint about the resolution of the traffic police.
Disorders that fix cameras
No one is a secret that the cameras are installed on many roads to determine the violations on the road. Today they record the following points:
- travel through stripes intended for public transport;
- excess speed maximum permitted on this section of the road;
- parking in the wrong place;
- movement to a red traffic light signal;
- departure to the head of the counter movement;
- creating an emergency, etc.
The essence of the camera's work is that it fixes an offense, after which it sends a snapshot to the processing center. Here the automated base reads the auto number, determines its owner and forms a resolution. After all, all information is checked manually. The challenge of the traffic police fine is possible when the system made a failure or an employee of the organs made some kind of mistake, which is also not excluded.
Who and in what cases can appeal the ruling
No one wants to pay a fine from the camera if it was discharged unfairly. Such situations may occur when:
- a technical error occurred in the equipment;
- during the fixation of the act, the car managed another driver;
- the car is sold to another owner, but not registered;
- by photo it is impossible to determine the vehicle number;
- for one violation, several ordinances were published;
- principal advantage of its position and other.
Dates of appeal
According to the standards of administrative law, it is possible to write a complaint for 10 days from the date of decision. Apply for the extension of this period only if there are some valid reasons. Otherwise, when he passes, the penalty will have to pay.
Complaint against the ruling
Having received an unlawful decision on an administrative offense according to the owner of the owner, the question becomes how to competently write a corresponding statement on it and where to attribute it. The provisions are not installed by the mandatory form of the document, the main thing is that it is clear that it is understood the essence, and also to send it to the desired addressee.
What should contain
A complaint against the court or the traffic police per finer must accommodate the following information:
- the addressee to which paper is served;
- applicant data, and when submitting documents, not personally, and its representative;
- name;
- the circumstances of the case, who and when the decision was issued, why you disagree with him, as everything happened in fact;
- authority requirements (cancel the decision, stop production);
- date and signature.
If there are any evidence, they must be attached to the complaint.
What arguments can be used
Of course, each case is individual and in the complaint it is advisable to apply their arguments, but many situations are so identical that you can unwittingly and repeat.
Refuting the results of the camcorder, you can use one of the following arguments:
- there is no evidence of the empowerment because of which the ruling is unreasonable;
- the information specified in the ruling is not true;
- invalid interpretation of the standard;
- the evidence presented in the protection of the driver was not taken into account.
Where to turn with a complaint
Where to send a complaint to the decision will depend on what instance he made it. So, the traffic police inspector can be challenged from a higher officary or in court. The judicial documentation can be appealed solely in court. At the same time, the application can be attributed to personally or send by mail with a letter notice.
In traffic police
Determining how appeal to the inspection is written, it is worth noting that here the complaint will be considered much faster than to initiate a trial. Here more often send a statement of the following character:
- The car was sold, and the fines continue to come to the name of the old owner.
- The document has technical errors. For example, the wrong statements in terms of license plates are indicated, not your car is in the photo, etc.
- The camera responded to foreign factors, fixing the offense, which the driver did not commit. For example, a solid markup line crossed the machine itself, and its shadow, or speed exceeded the motorcycle passing nearby.
- Drive on the red light of the traffic lights had to be adjusted.
- The car was stopped by a traffic police officer in a place where it was impossible to stop.
To court
In court are directed, as a rule, more complex cases, for example, when there was a procedural disorder. Under such circumstances, it is necessary to indicate which rule of the law was applied incorrectly, in which the unlawful actions of the employee of the auto inspectorate, etc.
Speaking about the territorial jurisdiction of the case, the application must be applied at the place of the challenge offense. If the decision endured the world judge, the court will be specified at the end of the document to which it is possible to appeal.
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Sample complaints for rulings
As mentioned, there is no single form for writing a complaint. Its essence will depend on the circumstances of the case. Consider the most common of them.
Auto sold, and fines come to my name
Often happens when the person has already sold vehicle, However, all documentation is not yet due to the norm. In particular, the car is not registered, where the information was already about the new owner. Among the evidence of innocence in this case will serve the contract of sale.
How to write in this case the complaint about the GIMD video policy is presented below.
Employees of the traffic police admitted violations on the prosecution procedure
If law enforcement officers admitted violations of the law, this is a reason to apply to them with a complaint to court. Check out the visual example of this document.
The photo is not my car - the camera was mistakenly read the state. Auto number
Data from the video recorder comes automatically. At the same time, no one checks the availability of documents confirming the correctness of fixed information. Therefore, it often happens when a ruling comes to face, and on the photo material number the car does not match at all with what he really has.
Sometimes technical errors can be in the center, so you do not need to agree to pay a fine for someone if you are definitely confident in your innocence.
Learn what kind of complaint can be written in this case.
Parking paid, and the penalty still discharged - the appeal of the fine of GKU AMPP
Paid parking is not a novelty for modern society. For those who ignore such a rule can come fine. However, there are situations when everything was paid as needed, but administrative sanction Anyway assigned. Check out how the sample of the complaint about the Distance Resolution looks like in such circumstances.
Parked under the sign indicating the time of the sign
In pursuit of detection of malicious violators of the rules roadThe system and itself often gives a failure. For example, when signs allowed to parking only at a certain time. A visual complaint against the resolution of the traffic police, video confixation if indicates a violation of the sign of the sign, is presented below.
If you ignore the ruling and do not pay the fine
Payment is a fine traffic police should not be ignored anyway, even if you think that he was appointed unfairly. The accumulation of such sanctions will not lead to anything good, but it hopes that they themselves simply "burn out" - unwise. Besides, administrative legislation Provided for evading the payment of fine. It is also a fine, but already double-size, or the purpose of public works to 50 hours.
If the unpaid fines are shortened in the amount of more than 10 thousand rubles - it can be punished in the form of a temporary restriction on departure outside the country.
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Arbitrage practice
Deciding in favor of the driver is a very common practice, if there is evidence of his right.
Conclusion
The Russian Law provides for the right of every citizen to appeal against the decision made against him. If a fine penalty is illegal - you should not leave everything as it is. It can be challenged by contacting the BBC or court authorities. Arbitrage practice According to such cases, it indicates that if the driver actually did not violate the rules of the road, the authorized body will take his direction. In no case cannot let the case on samonek and just ignore the prescription! This can lead to even greater negative consequences.
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Decree for violation of traffic rules You can appeal in various situations:
- technical error Camera;
- principal advantage of its position in relationships with traffic police;
- at the time of fixing the disorder, the car was ruled by another person (your relative or acquaintance);
- the car is sold under the contract of sale, and recorded in the traffic police did not put - fines of the new owner come to your name;
- other.
The ruling for violating the rules of the road (traffic rules) makes a court or traffic police. For violations of the rules of stop and parking in Moscow, the ruling is carried out by the Moscow Administrative Road Inspection (MAD), for violations of the rules of paid parking in Moscow - GKU AMPP.
The court takes ways Resolutions for such violations as:
- illegal installation on the car "Flashing", "Kryakaklok" and stroboscopes;
- driving a car in the absence of driver's license (management rights);
- driving in a state of alcoholic intoxication;
- repeated excess permissible speed Movement for the amount of more than 60 km / h;
- repeated violation Railway intersection rules;
- repeated exit on the head of the counter movement;
- if the violation of the rules of traffic rules entailed to harm the health of light or moderate severity;
- dispotherpage by the driver of medical examination on the state of intoxication.
Also, if the arrest is provided - "Administrative" is provided for the court.
Decisions made by the courts can be appealed only in court. Resolutions made by the traffic police bodies can be appealed to either in the district (urban) court or a higher police officer.
Article 30.1. Administrative Code. The right to appeal against the decree on the case of an administrative offense.
1. The decision in the case of an administrative offense may be appealed by persons specified in Articles 25.1 - 25.5.1 of the Administrative Code of the Russian Federation:
- rendered by the judge - to the Higher Court;
- a collegial authority to the district court at the location of the collegial body;
- the official person issued to the higher authority, a higher officer, or to the district court at the place of consideration of the case;
- announced by another body created in accordance with the Law of the Subject Russian Federation- to the district court at the place of consideration of the case.
1.1. The decision in the case of an administrative offense, made by the judge, can also be appealed to the superior court by an official authorized in accordance with Article 28.3 of the Code to compile a protocol on an administrative offense.
2. In the event that a complaint against the decision on the case of an administrative offense entered the court and into a higher authority, a higher officary person, a complaint examines the court. According to the results of consideration of the complaint, a solution is made.
The deadlines for the appeal of the fine (recovery of the appeal period)
Article 30.3. Administrative Code. The term of appeal against the decision on the case of an administrative offense.
1. A complaint against the decision on an administrative offense may be filed within ten days from the date of delivery or receiving a copy of the decision.
2. In the event of a skipping period provided for by part 1 of this article, a specified period for a petition for a complaint may be restored by a judge or an official, eligible to consider the complaint.
In other words, you have 10 days to appeal. The countdown begins from the moment of receipt of the letter with the decision by mail or a copy of the ruling in the traffic police.
What if you missed the 10 days allocated to appeal? In this case, you can restore this period, but only if it was missing for a good reason.
It may include: severe illness, helpless state, illiteracy and other circumstances related to the personality of a person who submitted to the duration of appeal.
If the appeal period of the fine has expired and the ruling is not appealed, it enters into force.
Article 31.1. Administrative Code. The entry of the decision on the case of an administrative offense into legal force.
The decision on an administrative offense case enters into legal force:
1) after the expiration of the deadline established to appeal against the decree on an administrative offense case, if the specified decree was not appealed or protested;
2) after the expiration set for appealing the decision on the complaint, the protest, if the specified decision was not appealed or appeal, except if the decision was canceled by the decision;
3) Immediately after making a decision not to appeal on a complaint, protest, except if the decision is canceled by the decision.
What should contain a complaint against the decision
- Calling a statement.
It is necessary to indicate the name of the court or the territorial body of the traffic police, which is sent to the complaint. It also indicates the information on the applicant (i.e. your data) and a representative (if any): Full name, address of residence, contact phone number. - Title of the document.
A complaint against the decision on an administrative offense case. - Descriptive-motivating part.
Here you need to briefly state the circumstances of the incident. Specify the number and date of the Resolution, Fm.o. and the position of the traffic police inspector (or judges - if a court ruling appeals), which attracted you to justice, article COAP RF.
In this part, it is also necessary to describe your position, the grounds for which you consider the ruling illegal. Certain references to the norms of the law to substantiate their position. - The operative part.
In this part it is necessary to indicate that you ask for the court (or the superior body of the traffic police), namely: cancel the ruling (number, date) and stop the proceedings. - Application.
List the documents attached to the complaint, specify the number of sheets in the documents. - Signature and date of writing a statement.
What arguments can be used
Each situation is individual. Below are common examples that can be used in your application:
- The reduced ruling is unreasonable, and the composition of the offense has not been proven.
- The conclusions specified in the Resolution do not meet the real circumstances of the incident.
- Incorrect application of the norm of the law (incorrect interpretation).
- Incontinacy into the attention of the evidence provided by the applicant in their defense.
What fines are better to challenge in court, and what kind of traffic police
If the ruling is made by the traffic police inspector, it can be appealed to both in court and a higher officer of the state of the traffic police. So, where to write a complaint to solve the issue faster and in fairness?
Practice shows that the bulk of appeals is sent to the courts, since it is precisely the court who does not have an interest in the final decision, and accordingly, it will be more detailed and objective to consider the case file.
Article 30.5. Administrative Code. Terms of consideration of the complaint against the decision on the case of an administrative offense.
1. A complaint against the decision on the case of an administrative offense is subject to consideration within ten days from the date of its receipt with all materials of the case into the body, the official person to consider the complaint.
1.1. A complaint against the decision on the case of an administrative offense is subject to consideration within a two-month period from the date of its receipt with all materials of the case in the court, the rule of law to consider the complaint.
Thus, a complaint directed into the traffic police will be considered much faster. Therefore, it makes no sense to direct in the courts of appeal, according to which it is definitely recognized by the right.
What complaints are easier to send to traffic police
- if you sold a car, and the fines are still coming to you: in this situation it is necessary to appeal the obtained decisions and contact REO with a statement in Syasi with its sale;
- if there are technical errors in the resolution: the state is wrong. The car's number, if not your car fixed on the photo material;
- if the camera reacted to foreign items, and you turned out to be a violator (the shadow of the car crossed the solid line of road markings, a motorcycle was driving by a motorcycle with an exceeding speed mode, etc.);
- if you have forced to go on the red light of the traffic light on the instructions of the controller;
- if a traffic police officer in a place where it is impossible cannot be done.
That is, everything is obvious to a person, but not obvious to the camera. And also cases when you sold your car, and the buyer in violation of the law did not disappline it on a 10-day term.
What complaints should be sent to court
- The controversial situations in which the traffic police accept the side of the "Prosecutor" when to make a legitimate decision it is necessary to consider a combination of facts confirming your right.
- When in the course administrative production:
- in the case allowed procedural disorders;
- the incorrect application of the norm of the law is allowed;
Unlawful actions are made from the staff of the traffic police.
Complaints on the decree on administrative offenses in the field of road traffic are sent to the court of district (urban) level and state duty are not subject.
Judicial practice (examples, when the courts became part of the drivers)
- Appealing the violation, due to the fact that the wheel was not the owner (organization), but another person (driver) - the complaint was satisfied ( Decision in case 12-378 / 2016);
- Appealing of speeding, due to the fact that the car was in possession of the owner (spouse), but another person (spouse) - the complaint was satisfied ( Decision in case 12-394 / 2016);
- Appeal deprivation of the right to leaving scene of an accident - Complaint left without satisfaction ( Decision in case 12-88 / 2016);
- Appealing the decision for the management of alcohol intoxication - the complaint is satisfied ( Decision in case 12-289 / 2016);
- Appealing the decision in connection with the violation of the right to defense - the complaint is satisfied ( Decision in case 12-403 / 2016);
- Restoring the term of appeal - the complaint is satisfied ( Decision in case 12-305 / 2016);
Appeal online
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. . Date: November 18, 2015. Reading time 7 min.
By mail, an unauthorized traffic police came, and justice demands to pull the case on the brakes, because it is innocent. Specialists recommend promptly challenged "letters of happiness." Why is it profitable to prove your right and how to do it?
Attention, camera!
Video equipment in the service of the auto inspector is improved by the wonders of the offenses, the images of which are sent by car owners, is regularly expanding.
Today cameras "catch":
- movement of strips dedicated for public transport;
- exceeding maximum set speed;
- parking in unresolved places;
- crossing the stop line to the prohibitive signal of the traffic light;
- undussed seat belts;
- departure to the oncoming and other violations.
Anatomy of the process: Why mistakes
Special forces of the traffic police are responsible for the work of video phixation complexes - the automatic fixation centers of administrative offenses (CAPAP). The camera is installed on the road fixes the violation and sends a snapshot to the processing center. Here the computer reads the number of the car, on the database determines its owner and forms a resolution. The information is then processed manually.
The operator checks: does the image correspond to that car, the owner of which is written by the ruling, is the number recognizes. Currency data comes with an inspector who signs the ruling and sends the owner by the car by registered letter with a notice of a presentation with the image application.
However, the system clearly does not work, make mistakes and technique, and man. How to challenge the traffic police from the camera if the recipient of the letter "did not commit and not guilty"?
In general, is it necessary to prove something? It is for video confixation in the Code of Administrative Offenses (COAP) a reservation is made - the presumption of innocence for these cases does not apply (part 3 of Art. 1.5 of the CAPA and NOTE to it). It is necessary to prove his trigger.
Set deadlines: extracts fine, appeal, payment
The statute of limitations to attract car owners to justice - two months from the date of violation (Art. 4.4 ch. 4 Administrative Code). It makes sense to check whether inspectors have been late with the discharge resolution - overdue are easily canceled through the court.
To appeal against orders for the recovery of fine, the legislation gives 10 days (Article 30.3 of the COAMA). The countdown begins from the date of receipt of the document by mail. If the term is missing for a good reason, and this is documented (there is a sick leave or order of the direction on a business trip) - it is possible to challenge the penalty. The devices are applied to the complaint submitted to the court, an application for restoring the missed deadline with confirming the cause of the documents.
If the owner did not challenge the decree in 10 days, it enters into force. For payment of fine Article 32.2, the Administrative Code takes 60 days (it is easy to do or with the help of the service "Autoplating" from Sberbank). If after 70 days from the date of issuance of the ruling in the hands of the car owner did not pay a fine, the case is transmitted to executive production bailiffs.
If you just do not pay
Is it worth hoping that after the expiration of the statute of limitations (two years under Art. 31.9 of the Code of Code), all debts on unpaid fines themselves "burnt"? There is only a chance in the case of the complete inaction of bailiffs:
When the decision is made in favor of the owner
No one prohibits challenging any imputed violation. Another thing is that it is worth it when it is possible to prove your right point.
Based on the practice, car owners manage to appeal the traffic police fine, discharged from the camera, if:
- Photos and reality obviously do not coincide. For example, the number from the car of the intruder is incorrectly read, and the ruling came the owner of a completely different car.
- On the attached photo it is impossible to set license plates.
- The speed recorded by the camera exceeds the technical capabilities of the car.
- In the area where the violation is recorded, the prohibitive sign or action is not installed, it ended to the place where the car is filmed. For example, a fine is discharged for illegal parking, but on the road section "Parking is prohibited" is missing and this can be proved. Learn from professional autoexpert.
- Behind the wheel at the time of violation was not the car owner himself. The owner is exempt from liability, if it confirms that at the time of shooting the car, the other person (Article 2.6.1 of the Administrative Code) has been used. Learn why selling a car by proxy risky.
- The camera model is not certified to fix the violation for which the penalty is discharged. This applies, for example, unclosed belts Safety and inclusion of near light. Not all complexes have certification for their definition.
- For one violation, several decrees are discharged by one chamber.
Is it necessary to extract a fine warning sign? The photovideo phyxation road sign (plate 8.23) only informs that the stationary chamber operating in the automatic mode can be placed on this site. The label 8.23 \u200b\u200bmust be accompanied by the corresponding road markup (1.24.4). Fired mobile cameras setting the sign is not required.
We write a complaint: where and to whom to contact
If the car owner does not agree with the sane violation, he should have time for 10 days after receiving the decision to challenge him. Where to contact and where to appeal the traffic police fines from video cameras?
According to the law (Art. 30.2 of the Administrative Code), the car owner sends a statement to his choice:
- Official person who ruled, i.e. Inspector traffic police. In this case, the appeal will be redirected for consideration by a higher person, so this option is not working.
- The superior official who is authorized to consider this kind of complaint.
- Directly into the district court at the place of resolution.
T. about. The question can be resolved in pretty order, through the traffic police unit, or in court.
Contacts officials The traffic police that can be sent to the complaint are indicated in the ruling itself. Since the video recording of offenses is under the control of the automatic locking centers of the traffic police, then in most cases there and you need to write (see the contacts of the Russian compartments of the TsAPAP).
The appealment application can be sent to the Avtoyspection by registered letter with a notice of presentation or to make a place and present personally (not forgetting to put a mark on acceptance on its copy). The most convenient way is to create an appeal via the traffic police Internet service (http://www.gibdd.ru/letter/). At the same time, the complaint can be attached scans of documents confirming the position of the applicant. For residents of the capital, at the initiative of the Moscow UGIBDD, a portal "Avtokod" was created, which is intended for appeals to Madi.
No matter how much a complaint has been sent, a certain form for it is not established.
The application for the revision of the case must be called "a complaint against the administrative offense" and include the following information in it:
- personal data to whom the complaint is sent (FULL NAME, position);
- applicant data (name, address of the place of residence, contacts);
- number and date of the applied ruling;
- a request to cancel the decision;
- description of the reasons for revising the decision -Matization of the complaint;
- the list of applications (a copy of the ruling, photographic materials from the camera, documents confirming the correctness of the applicant);
- marker: "I ask to consider without personal participation," if there is no possibility to be present on the analysis of the situation;
- signature of the applicant and the date of compilation.
The more described in the situation and more precisely the evidence materials are selected, the greater the chance of success. The applicant's position can be confirmed by photographs, video recordings, car technical characteristics, purchase and sale contract, etc.
An example of motivation of the appeal:
The inspection should consider the case for 10 days (Article 30.5 of the COAP). The traffic police decision is not final, the law gives the right to appeal in the court at the place where a violation was committed according to the decree. Through the site www.sudrf.ru you can find out to which district Court (Judge) belongs to the address:
Find out from the video why lawyers advise to challenge those who came by mail erroneous fines.