Detention for unpaid fine, Tula | Question No. 13308688 dated 05/31/2021

Is this legal?

A vehicle (VV) is recognized as property, and therefore can be legally seized in the same way as other property. The presence of debts is a good reason for seizing property, because... compels the debtor to fulfill his obligations. During the period of its validity, the car owner loses the opportunity and right to dispose of the vehicle at his own discretion.

The fundamental document for the seizure of a car is the Law of the Russian Federation of October 2, 2007 No. 229-FZ “On Enforcement Proceedings” (as amended in 2021). In accordance with its Article 80, the arrest is carried out by a bailiff on the basis of a writ of execution, which contains a decision on recovery after the expiration of the allotted period. To carry it out, a court must recognize the owner of the car as a debtor.

In addition to depriving the owner of the right to use the vehicle, a registration arrest may be imposed. It leaves the possibility of driving a car, but excludes any re-registration (sale, donation, etc.). A ban on car registration may be imposed by:

court;
social protection authorities;
credit organizations;
investigative authorities and traffic police.

What happens if you don’t pay the traffic fine?

A decree issued by an inspector or a court decision on a monetary penalty may be appealed in the manner prescribed by law.

Will they be released abroad for unpaid traffic fines?

Citizens whose debt exceeds 10 thousand rubles may be banned from leaving the country. This measure is applicable only if there is a delay in payments and the case is transferred to the bailiffs. Traffic police officers recommend that drivers not only pay fines that were issued or received by mail on time, but also monitor for hidden liens. The notice of administrative penalty may not arrive, so citizens often find out that they have a debt already at airport customs. When preparing for your trip, you should visit the websites of the FSSP and the State Traffic Inspectorate to make sure there are no unpaid fines.

Can a car be taken away for an unpaid fine?

Seizure of property with its subsequent sale to pay off debts is used as a last resort measure. First, the bailiffs notify the debtor of the possibility of voluntary repayment of the required amount, and, if necessary, agree on a payment schedule. If the defendant evades fulfillment of obligations, the action is to block accounts and bank cards, and collect the debt through the employer. If these actions do not allow you to pay the fine, the question is raised of seizing the property of the defaulter, the list of which includes the vehicle. Theoretically, even a fine of 500 rubles can be paid with a car.

I was detained for non-payment of traffic fines and am being taken to court - what should I do?

The number of drivers who have at least one traffic police fine unpaid and transferred to overdue amounts to several tens of millions of citizens every year. This is prompting law enforcement agencies to introduce new ways to identify defaulters and bring them to justice. In some regions, raids are actively practiced, during which debtors’ vehicles are found and stopped. The drivers themselves are taken to court to consider the case of failure to comply with the decision on administrative punishment.

If there was no violation, and the inspector stopped the car and insists on going to court, you can refer to the fact that there are no reasons for the inspection, but this does not always help. It’s better to urgently pay your overdue debt using a bank card or e-wallet or ask your friends to do it urgently. In this case, you can provide the judge with electronic checks or receipts for payment of the fine, avoiding arrest or mandatory labor.

In what cases is it possible?

The purpose of seizing a vehicle is to prevent the destruction or sale of equipment until the final resolution of the controversial situation (voluntary repayment of debt or confiscation of property by court). It may be caused by the following circumstances.

Credit car

A car, as an expensive property, often becomes collateral when taking out a large loan from a bank. In addition, banks provide special car loans for the purchase of a vehicle, and until the loan is fully repaid, the car becomes collateral. The fact that the car is pledged is necessarily reflected in the contract .

If the borrower for any reason stops fulfilling its payment obligations, the credit institution goes to court, which makes an appropriate decision to repay the debt. It is transferred to the FSSP, and at the request of the bank, bailiffs seize the pledged car.

Non-payment of alimony

In accordance with Article 113 of the RF IC, bailiffs accrue arrears in the payment of alimony . The ex-wife or guardian files an application to the court if the father evades the established payments for child support.

The court may make a decision to seize property, which is executed by bailiffs. In this case, the car can become seized property if it is not a means of transportation for a disabled person or a means of receiving official income.

Debt on traffic police fines

Often, vehicle owners ignore fine payments issued for traffic violations . As a result, a significant amount of debt can accumulate. The traffic police has the right to impose a registration ban and go to court to force the payment of fines.

In principle, the basis for arresting a vehicle is the recognition of its owner as a debtor in court for various reasons. Such a claim may be filed by the management company or organizations providing housing and communal services in case of evasion of payment of utility bills. A valid reason is failure to pay administrative fines for various offenses. Debts may arise during the division of property in court.

A demand for debt repayment can be made by any legal entity or individual who can prove its existence. In all cases, the court may decide to seize property .

We discussed in more detail all the grounds on which a car can be seized in this material.

How is the penalty for failure to pay a fine applied?

After the court's decision, the bailiffs issue a decision on the punishment for the defaulter. According to the decree, bailiffs begin searching for the defaulter.

The search for a violator who has not paid a fine occurs as follows:

All information about the violator’s car and about him as a defaulter is entered into the traffic police database. If the owner of the car is discovered by the traffic police, he is detained and handed over to the bailiffs.
Information about the defaulter is also entered into the Ministry of Internal Affairs database.
Written notification to the defaulter’s place of work.
If the fine is large, bailiffs may come to the offender’s home at his place of registration.

All of the search methods described above, as a rule, are applied to persistent defaulters. If a person forgot or for some other reason did not pay the fine on time, he is notified by registered mail of the court decision and that the fine has been doubled.

At what amount of debt can bailiffs seize a vehicle?

The law does not stipulate a limit on the minimum amount of debt at which a vehicle can be seized. However, the court must take into account the principle of proportionality, i.e. The appraised value of the car should cover debts and legal costs, but not greatly exceed them. At the same time, if there is no other property sufficient to pay off the debt, the debtor can be forced to sell the car on his own and pay the required amount.

When making a decision to seize a car, the principle of priority must also be observed. First of all, bank accounts are checked and, if necessary, they are seized. If the debtor does not have them, then the property indicated by him is taken into consideration. Luxury items follow. Only after the listed property does the turn come to the car. The above does not apply to credit and pledged vehicles.

Deadlines for payment of traffic police fines in 2021

What consequences await drivers who ignore the deadline for fulfilling a monetary penalty? This question worries many. Article 20.25 of the Code of Administrative Offenses of the Russian Federation establishes sanctions for negligent debtors. In case of failure to pay the fine, the driver may be punished:

a double increase in the amount of the initial penalty, while the amount of the sanction cannot be less than 1,000 rubles;
involvement in community service up to 120 hours;
arrest for 15 days.

Administrative arrest cannot be applied to a driver whose violation was recorded only by traffic cameras. The penalty for failure to pay such a fine may be the first two sanctions.

If the driver fails to comply with the penalty imposed on him a second time, the court may impose a more severe punishment on the offender: community service or arrest for 15 days. If the debt has reached 10,000 rubles, the court or bailiff has the right to make a decision to temporarily suspend the driver’s license until the fines are paid.

In a situation where the debtor is trying to avoid paying a fine, this issue will be resolved by bailiffs in one of the following ways: seizing bank accounts and property, imposing a ban on leaving the country.

Now you know what will happen if you overdue a fine, and it should be noted that despite the fact that traffic police officers cannot detain a driver for unpaid fines, they have the authority to draw up a report against the debtor and send it to court. In addition, careless drivers will have to deal with bailiffs, which can make life much more difficult.

The obligation to pay an administrative fine for violating traffic rules is established in Article 32.2 of the Code of Administrative Offenses of the Russian Federation. This provision, namely paragraph 1, defines a period of 60 days from the date the resolution enters into force. The decision on the traffic police fine comes into force after 10 days from the date of receipt, unless it has been appealed.

Clause 1 in Article 32.2 of the Code of Administrative Offenses of the Russian Federation indicates that the legislator has provided for some exceptions to the deadlines for non-payment of traffic police fines:

If the punishment is applied to a foreigner simultaneously with deportation, then payment is made no later than the next day after the act comes into force. This is necessary to ensure that the person fulfills the established punishment before he is expelled from the Russian Federation, since it will be problematic to receive money from him after this.
When it comes to violations under Article 12.9 of the Code of Administrative Offenses of the Russian Federation (exceeding the established speed), paragraphs 6 and 7 of Article 12.16 of the Code of Administrative Offenses of the Russian Federation (Failure to comply with the requirements prescribed by road signs or markings of the roadway), Article 12.21.3 of the Administrative Code of the Russian Federation (Failure to comply with the requirements of the legislation of the Russian Federation) Federation on payment of a fee to compensate for damage caused to public roads of federal significance by vehicles with a permissible maximum weight of over 12 tons), the maximum period is a total of 60 days, but must be paid before the transport leaves the Russian Federation.

The deadline for paying a traffic police fine may be increased if the person has been granted a deferment, which is issued at his request. Such a relaxation can be established on the basis of a court decision, that is, the driver will need to apply and indicate the reasons why this is necessary. In practice, most often, a difficult financial situation or, for example, a long-term illness is used as a justification.

Do not confuse the period established for paying a fine by the traffic police and the statute of limitations during which a person can be brought to administrative responsibility (Article 4.5 of the Code of Administrative Offenses of the Russian Federation).

Thus, a decision to hold the driver accountable is made within two months from the moment the unlawful act was committed, and if we are talking about a violation for which an act can only be issued by a court, then the period is extended by another month.

The only exceptions are a few articles from Chapter 12 of the Administrative Code. According to the specified standards, sanctions are applied over a three-year period:

Driving a car by a driver while under the influence of alcohol or drugs, transferring control of a car to a person in a state of intoxication, Art. 12.8.
Violation of traffic rules or rules of operation of a vehicle, resulting in the infliction of slight or moderate harm to the health of the victim, art. 12.24.
Failure of the person driving the vehicle to comply with the requirement for medical examination. examination Art. 12.26.
Use of alcohol, drugs or psychotropic drugs after an accident in which the driver was involved, or after the car was stopped at the request of a traffic police inspector, Part 3 of Art. 12.27.
Violation of traffic rules by a pedestrian, car passenger or other road user (except for the driver of the car), which, through negligence, resulted in the infliction of slight or moderate harm to the health of the victim, Part 2 of Art. 12.30.

Separately, it is worth clarifying the statute of limitations for paying a traffic police fine, that is, the period during which a person may be subject to additional liability for non-payment and may be obligated to carry out the imposed penalty. Article 31.9 of the Code of Administrative Offenses of the Russian Federation determines the limitation period for execution of the decision. Paragraph 1 states that a person may not fulfill his obligation to pay a fine to the traffic police if the resolution has not been put into effect within a two-year period from the date of its entry into force.

We invite you to read: Fine for violating your stay in the Russian Federation

The appointment of a deferment or installment plan also interrupts the course of the established period. This is stated in paragraphs 3 and 4 of Article 31.9.

The Code of Administrative Offenses of the Russian Federation provides for additional consequences for non-payment of sanctions for traffic violations. Thus, paragraph 1 of Article 20.25 of the Code of Administrative Offenses of the Russian Federation establishes that in case of failure to pay a traffic fine within the specified period, the following types of consequences may be applied in 2020:

the fine is paid in double the amount originally imposed, but the amount should not be less than 1000 rubles;
arrest for up to 15 days;
compulsory work for up to 50 hours.

Most often, in practice, an additional fine is applied to the traffic police for failure to pay a fine. However, the final decision is made by the court, based on a number of factors. It turns out that the article provides an alternative sanction and the official uses one of the options.

Traffic police officers often conduct so-called “raids” to identify persons with unpaid fines. Some tell drivers that their car may be impounded because they owe money to the government. This is wrong. The only thing such employees can do is issue a resolution to impose additional liability and deliver it to the court (during non-working hours of the court, the driver can be placed under arrest until the start of the trial).

Only a court can impose traffic police fines for non-payment of fines. Even if this circumstance is clarified by the employee during a stop on the road and checking documents, the traffic police inspector will issue a decision and refer the case to the court.

The person will be summoned to the meeting by summons. All documents relating to additional liability will be sent to him. Most often, the package of papers contains only a resolution and a summons, since additional information will be clarified during the court hearing.

The court will have to examine all the circumstances and decide what kind of responsibility to hold the citizen to account for: a fine, arrest or work.

A citizen has the opportunity to prove his innocence. For example, he has receipts confirming the fact of repayment of existing debt on fines, in which case it is necessary to present them to the meeting. The court will certainly refuse to satisfy the demands.

If the debt is paid after the ruling is made, but before the trial, the court will still not apply additional penalties and will terminate the proceedings.

Not only citizens can be held administratively liable. Thus, legal entities may be fined for violating certain provisions of Chapter 12 of the Code of Administrative Offenses of the Russian Federation; accordingly, if the penalty is not fulfilled, additional sanctions will be applied.

There is no separate article providing for the consequences of organizations for failure to fulfill the obligation to pay. For failure to pay a traffic fine in 2021, the same norm applies to legal entities as for individuals. However, a legal entity cannot be placed under arrest and sent to compulsory labor, so a double amount is collected.

It is worth remembering that traffic police fines for legal entities are significantly higher than for citizens. Therefore, organizations need to pay extra attention to the issue of paying off existing debt.

The legislator does not make exceptions regarding which sanctions can be paid at double the rate and which cannot. The person on whom the thirty thousandth sanction was imposed is held accountable on the same basis, using Article 20.25 of the Code of Administrative Offenses of the Russian Federation.

After the judicial act is issued, the citizen will have to pay twice as much. In addition, a person may be subject to arrest for up to 15 days or compulsory work for up to 50 hours.

Consequences

The seizure of the car should be considered as a temporary measure forcing the debtor to repay the debt. However, if the court decision is evaded, more effective measures can be taken. The most radical of them is the seizure (confiscation) of the vehicle.

Do bailiffs have the right to seize a vehicle?

The court decision specifies the period for repayment of the debt . After its completion, the FSSP service has the right to seize the seized vehicle. With the participation of witnesses, a seizure report with an inventory is drawn up. The debtor is given 5 days to pay debts or appeal the action, and then the vehicle is transferred to the creditor bank or the Federal Property Management Agency for sale through an auction or in another manner prescribed by law. The difference between the debts and the cost of the car is returned to its owner.

Precedent

This special operation began after several high-profile cases. One of the most notorious stories is an accident on Butyrskaya Street at the end of January, when a driver in a BMW with “Silence Patrol” stickers flew into the oncoming lane, crashed six cars, resulting in the death of his companion. When he was caught and detained, it turned out that he had 650 unpaid fines, and all because the car was registered to a long-dead person, receipts for fines were sent to that address and, naturally, were not paid.

What to do if your car is seized?

The arrest can only be lifted upon completion of enforcement proceedings under the following conditions:

fulfillment by the debtor of all his obligations, repayment of debt;
initiative of the applicant (plaintiff) in reaching a compromise solution;
court decision on the unlawfulness of the arrest;
termination of proceedings by court decision.

The procedure for the vehicle owner depends on the reasons for the arrest . First of all, you should find out them. To do this, you can use the traffic police and FSSP database by going to the official website (read here how you can check whether a car has been seized). If the arrest is made in full compliance with the law, then it is best to find funds and pay off the debt.

After this, you must submit a document confirming payment to the bailiffs. After an appropriate check, they will lift the arrest within 24 hours. To terminate registration restrictions, you must submit an application to the traffic police, attaching the bailiff's decision and payment documents.

Another option is a peace agreement with the creditor . If it is possible to agree on a change in the timing of payments, the plaintiff must withdraw his application from the court. The judge will make an appropriate decision to terminate the enforcement proceedings. Please note that the registration restriction may be maintained until the debt is fully repaid.

Finally, in case of violations committed during the seizure of the vehicle, or a controversial situation arises, you can appeal to a higher court. This will require strong evidence that you are right. Until a new decision is made, the process of arrest and seizure may be stopped.

We tell you more about what to do if your car is seized and how to lift the restriction here.

What are the consequences for failure to pay traffic fines?

The legislation of the Russian Federation on administrative violations provides for punishment in case of non-payment of traffic police fines.

The following penalties or restrictions may be applied to the violator:

Prohibition on registration actions.
A car that has been banned cannot be deregistered (legally), sold, donated, etc. The ban is lifted if the fine is paid in full. To lift the ban on registration actions, you must contact the bailiff service to clarify the amount of the fine. After paying the fine, the bailiffs must present a receipt for payment, after which they send a request to lift the ban to the MREO.
Prohibition on undergoing technical inspection . The owner of the car will not be able to pass (legally) a technical inspection if he has unpaid fines. Consequently, without passing the technical inspection, the owner will not be able to purchase an insurance policy for the car. Without an insurance policy for a car, the owner will not be able to move freely in it.
Car arrest . For failure to pay a traffic fine on time or repeatedly, the vehicle may be seized. If a car is found that has been seized by bailiffs or traffic police officers, the car is confiscated and sent to the imprisonment site. After the car is seized, if the fine is not paid, the car, by court decision, is put up for re-sale in order to pay off the debt. In order to pick up a car from the impound lot, you must pay the fine and then present the receipt to the bailiffs. After this, the bailiffs will issue a decree to remove the seizure from the car, and subsequently it will be possible to pick up the car by pre-paying for the services of the impound area.
Arrest of the defaulter for up to 15 days. The arrest of the defaulter is carried out by law enforcement agencies by court decision. Willful defaulters may be detained. The place where the defaulter's sentence is served is the pre-trial detention center at the place of registration.
Community service for up to 50 hours. According to the legislation of the Russian Federation, public works should be carried out no more than 2 hours a day after work or school on weekdays. And no more than 4 hours on weekends.
Ban on traveling abroad. If the amount of fines exceeds 10,000 rubles, a preventive measure in the form of a ban on traveling abroad may be applied to the person. This type of punishment can be applied by bailiffs without a court decision. The ban is lifted after full payment of fines.
Double the amount of the fine. The article of the Code of Administrative Offenses stipulates that if the fine was not paid within the period allotted by law, its amount is doubled, but not less than 1000 rubles. That is, if the amount of the overdue fine was 500 rubles, then you will need to pay 1,500.

All of the above restrictions and penalties are enforced by bailiffs by court decision.