Deprivation of rights for non-payment of fines is a temporary measure to prevent prolonged non-payment of debts over 10 thousand rubles.
Important!
There is no provision for confiscation of a driver's license.
According to the law, it is possible to suspend rights, or rather, to block them. And only if the defaulter has not paid all debts within 60 days from the date of legalization of the decision on the violation.
If the driver owes an amount less than 10 thousand, the bailiff does not have the right to prohibit him from using his driving license. Deprivation of a driver's license for non-payment of fines will be unlawful.
The legislative framework:
- Federal Law No. 340 dated November 28, 2015. Current since January 15, 2016.
Initially, the law contained inaccuracies that were corrected in order to avoid discrepancies and, as a result, unfair actions on the part of traffic police officers.
Let's consider all the nuances of the new legislation.
Ignoring fines and deprivation of rights
Failure to pay a fine is not yet a reason to take away a driver’s license. This remedy is provided only for persistent defaulters as a last resort. But there are certain concessions for them too.
The law on deprivation of driver's license does not apply to:
- violators whose debt is less than the specified figure, even if the amount is close to the specified amount;
- members of families in which the vehicle is the only source of income;
- defaulters - disabled people (grade 1 and 2) or their trustees, if they directly use the vehicle;
- citizens living in remote areas where it is impossible to communicate with the world without their own vehicle;
- holders of a resolution for a temporary deferment / installment plan for debt.
Note!
Thus, 60 days are given to pay the fine. Add another 10 to them for filing an appeal against the decision to block the VU.
Only after all the deadlines for voluntary payment of money for issued fines have expired, the driver can be deprived (temporarily!) of the right to drive.
In what case and for how long will the driver's license be deprived for non-payment?
If bailiffs are unable to collect the amount of unpaid fines from the debtor’s accounts, they may impose restrictions on the use of a driver’s license .
To introduce such a restriction, the bailiff applies to the court to make a decision on the debtor. After receiving a court decision, a notification is sent about the need to pay the debt. If it is not fulfilled, a restriction on driving the vehicle is imposed.
This measure can be applied if the amount of debt for fines for traffic violations exceeds 10,000 rubles. It is considered unpaid after 60 days from the date of issue of the resolution.
The restriction period can be any. The restriction is lifted only if the debt is paid in full and supporting documents are provided to the bailiff.
It is worth noting that you can lose any category of rights: cars, trucks, mopeds and motorcycles.
Blocking rights for ignoring fines 2019: the most pressing issues
When will the VU be unblocked after the debt is paid off?
The driver's license must be restored after payment of all debts and presentation of receipts. If this does not happen the next day, you need to find out the reason.
What is the penalty for driving despite a suspended license?
Since the new law restricts driving privileges rather than revoking them, a driver may be driving illegally despite a temporary ban.
Driving a car with a temporary driving license is punishable by a fine of 30 thousand rubles. Arrest for 15 days / forced labor for up to 200 hours is also possible.
How are debtors who have not yet been deprived of their license punished?
Debtors are punished with up to 50 hours of work / deprivation of driver's license for up to 1 year (see: Article 17.17 of the Russian Code of Administrative Offenses).
What is the size of the fine for deprivation of a driver's license for debts?
There is no such fine.
Which vehicles are covered by the innovation?
The law on deprivation (blocking) of driving license for non-payment of fines applies to the following vehicles:
- mopeds;
- cars;
- motorcycles;
- ATVs;
- self-propelled vehicles;
- aircraft;
- water transport.
For how many fines do they take away their driving license?
At the moment, it is not the number that is important, but the total amount of fines (more than 10 thousand). But soon a new article No. 12.38 may appear in the Administrative Code. It will provide for the blocking of rights for 1 year for three fines for certain traffic violations.
Is it possible to avoid unpleasant consequences?
To avoid deprivation of rights for failure to pay a fine, it is best to pay all fines on time. To do this, you need to check for fines on special online services from the traffic police and pay them off on time, if any. If you do not agree with the decision to impose a fine, you should appeal it in time.
But even if the fine is not paid on time, is not appealed within the required period and amounts to more than 10,000 rubles, the legislation (Part 4 of Article 67.1 No. 229-FZ) provides for situations where a driver cannot be punished for failure to pay a fine in the form of temporary suspension of a driver’s license . These include cases when:
- driving a vehicle is the only source of income;
- the driver and his family members live in a region with limited public transport, and traveling by car allows them to ensure their livelihoods;
- the debtor is disabled or in his care there are disabled people of groups 1 or 2 or a disabled child;
- The debtor was given an installment plan to pay the fine.
Thus, if you do not fall into the first 3 categories, you have the opportunity to apply to the court to the bailiff with a request to provide an installment plan. By a court decision, such an installment plan can be granted and then you will not face deprivation of rights for failure to pay a fine , and the amount is divided into several parts.
Deprivation of a driver's license for non-payment of fines: how does this happen?
Only a judge can deprive a driver of the right to drive a vehicle. The traffic police inspector does not have the right to withdraw rights under any circumstances. In fact, the debtor may have time to pay off his debt before the trial and not be deprived of the right to drive even for a minute, even after identifying a large debt and drawing up the appropriate writ of execution.
If the period for voluntary payment of the fine has expired (60 days), the IL is sent to the bailiffs. A case is initiated in court.
If the case goes to court, then the current legislation states that a person deprived of a driver's license through a judicial procedure, after receiving the appropriate notification, must independently surrender his ID within 5 days. It will be kept by the bailiff from the moment it is transferred to the bailiff until the debt is completely eliminated.
How long does it take to pay the traffic police fine?
The exact payment deadline is indicated in Art. 32.2 clause 1 of the Code of Administrative Offenses of the Russian Federation - 60 days are given by law to pay the traffic police fine.
When a “chain letter” arrives in the form of a fine receipt, the basis of which is photo and video recording data, the period for its repayment starts counting from the moment the letter is received directly. If the recipient does not show up at the post office, the letter is returned back to the traffic police. And after this, in fact, the letter will still be considered received, and the violator will be properly notified.
How to calculate the statute of limitations on an unpaid debt?
The statute of limitations for a traffic police fine is calculated as follows. Add 10 days to the date of the decision. This period is mandatory for appealing any decision.
Note!
If the defaulter has appealed the decision, then the statute of limitations is counted only after the most recent court decision is issued, plus the same 10 days for a possible appeal.
For more detailed information, see article No. 31.1 of the Russian Administrative Code.
To summarize: fines issued legally must either be appealed within 10 days or repaid on time.
For a debt of 10 thousand rubles. within 60 days after the legalization of the resolution, the validity of the license must be suspended. This penalty is provided for various debts (including alimony).
If you don't pay the fine, you lose your driver's license.
Do you always pay traffic fines on time? No? Did you know that for late payment of fines you can lose your driver's license? Surprised? But this is true. Although in fact this is not quite the same deprivation of rights as, say, for violating traffic rules (for example, for drunkenness). But nevertheless, our legislation actually has a rule that allows bailiffs to limit the validity of a driver’s license of a debtor driver. Our publication 1gai.ru invites you to find out how you can be left without rights in case of debts under traffic police fines.
We know that all administrative fines must be paid within the period strictly defined by law.
In case of failure to pay the fine within a strictly established period (60 days from the date of entry into force of the resolution), the person who has not paid the administrative fine may be brought to administrative liability under Article 20.25 of the Code of Administrative Offenses of the Russian Federation: Article 20.25. Evasion from the execution of an administrative penalty 1. Failure to pay an administrative fine within the period provided for by this Code entails the imposition of an administrative fine in the amount of twice the amount of the unpaid administrative fine , but not less than 1000 rubles, or administrative arrest for a period of up to 15 days, or compulsory labor for a period of up to 50 hours.
That is, if you do not pay a fine on time for violating traffic rules, you can be brought to administrative liability by the court under Article 20.25 of the Code of Administrative Offenses of the Russian Federation. In this case, if initially the fine, which you did not pay within the period established by law, was issued for a traffic violation recorded by a set of photo and video recordings, then, as a rule, the court makes a decision to impose a new fine on you, the amount of which will be double the amount amount of the unpaid fine. That is, if, for example, you did not pay a fine of 1,000 rubles on time, then for late payment of the fine you may be fined another 2,000 rubles. If the fine was issued by traffic police officers, then if you fail to pay it on time, you may face not only a double fine, but even arrest for up to 15 days.
So, as you can see, the now fashionable trend of not paying fines on time is fraught with even greater losses. Including in case of non-payment of traffic police fines issued for traffic violations.
But, despite the presence in Russian legislation of strict measures for late payment of fines, the number of debts for administrative offenses is growing in our country. Thus, according to statistics from the Federal Bailiff Service, this year (as in the past) there is an increase in debts for unpaid fines. The debt for fines for traffic violations is also growing.
That is, people are not afraid of Article 25.25 of the Code of Administrative Offenses of the Russian Federation. But why? Indeed, if the fine is not paid within the period established by law (60 days from the date the resolution enters into legal force), people can actually spend more money.
The whole point is that the traffic police do not have time to send administrative cases to the judicial authorities for all debts. Also, the judicial authorities do not have time to consider every administrative case regarding late payment of fines within the period established by law. As a result, a large proportion of such administrative cases are closed due to the expired statute of limitations.
As a result, the vast majority of drivers who do not pay the fine within the prescribed period remain unpunished. Naturally, impunity gives rise to an even greater avalanche of non-payment of fines. Many drivers even teach each other how to avoid paying fines for traffic violations. Moreover, there is no need to be afraid of administrative arrest for up to 15 days in case of a fine from traffic police cameras, since the courts in this case can only impose a fine of double the amount.
But, despite this, bailiffs do not give up and try in every possible way to extract unpaid fines from debtor drivers. And this takes into account the fact that as of the end of the first quarter of 2021, the number of enforcement proceedings for fines not paid on time at the request of the traffic police is 15.4 million. Can you imagine how many unpaid fines this is nationwide?
This is a huge amount of money that should have gone to local budgets.
How bailiffs solve the current situation
Initially, bailiffs offer the driver to voluntarily pay the fine within a certain period of time by sending a corresponding notice. It states here that in case of failure to comply with the requirements, deprivation of rights for unpaid fines is provided.
At the same time, a person who participates in enforcement proceedings is considered notified if:
- the recipient refused the summons or other form of notification;
- having received a postal notice, the driver did not show up to pick up a summons or other document that was sent to his address;
- a summons or other notice was sent to the last known address of the responsible person, but the participant in the court proceedings did not receive the documents, for which there is official confirmation;
- notification was sent by email. At the same time, it is drawn up in the appropriate manner and contains the electronic signature of the judge.
For example, if a driver received notification that a registered letter had arrived in his name, but did not pick it up at the post office, he is considered notified.
Important! In view of the above, a driver who has doubts that there are any debts should check this point by contacting the bailiffs. This is in his own interests, because otherwise unforeseen situations may arise that involve serious punishment.
If the debt is not repaid on time and in full, a court decision will deprive the person of the right to drive a car for a certain period. At the same time, the driver himself can find out about this state of affairs only when his car is stopped by traffic police inspectors. Here additional punishment will follow for driving a vehicle without the right to do so.
How the law works in practice
How will the deprivation of rights proceed? If fines have not been paid on time, then authorized traffic police officials report this to the competent authorities called bailiffs. After this, the bailiffs must notify the debtor about this and give a period of 5 days to repay the debt. Moreover, the employee must deliver the notice personally to the debtor. He, in turn, signs, proving that he was notified of the current situation.
If the debtor does not pay the fine within 5 days, he is temporarily deprived of the opportunity to drive a vehicle. The decision on the seizure of rights is made by the court, only it can do this.
Provided that the driver does not surrender his license voluntarily, this will be done forcibly. Additionally, bailiffs may impose administrative liability due to failure to pay a fine on time.
When the court makes a decision, a copy of it is sent to the traffic police. In this case, new people appear in the debtor database. This means that the person is driving a car illegally; he does not have a license to do so. As a result, another fine may be issued for driving a vehicle without a license.
The period of deprivation of rights may depend on how quickly the debtor pays the debt. Of course, we are not talking about lifelong deprivation of rights in this case. Find out the amount of fine for forgotten rights here.
One of the laws has a clause that states that the period of deprivation cannot be less than 1 month, but cannot exceed 3 years. That is, the maximum period of imprisonment is 3 years.
If the debt is not paid within this period of time, then the procedure for deprivation of rights is carried out again.
Once again, it is worth saying that it is possible to deprive a driver of his license for non-payment of fines only if this amount does not exceed 10,000 rubles. Otherwise this cannot be done.
If the fine is not paid, the driver will be subject to another fine for driving. For example, a driver has already been restricted from driving a car for drunkenness. As a result, both the debtor driver and the one who drives someone else’s car, while having debts and fines, can be deprived of their rights.
What fine is possible for driving a car without a driver's license? This could be a 15-day arrest. It can also be correctional labor for a period of 200 hours. Or you will need to pay a fine of 30,000 rubles.
As with any law, there are exceptions to this too. When can a driver’s license not be revoked? This group includes disabled people of groups 1 and 2, those who make a living using a vehicle. For these categories of citizens, a moratorium will come into force. In Israel, a person is not deprived of his rights if he is disabled. This system was also adopted by the Russian Federation. Also, relatives who care for a disabled person are also not punished.
You can get your driver's license back if you pay off your debts. Usually you need to pay not only the fine, but also the penalties that accrued during the time of non-payment of the debt. After payment you must make copies of all receipts. Both the original and copies are submitted to the bailiffs. And within the next working day a decision is made to return the rights.
The debtor will not take any exams. This rule applies only to drivers who have violated traffic rules. Failure to pay a fine does not apply to traffic violations. Usually in this case, the rights are returned to those who took them away, namely, the bailiffs.
At the time the law came into force, the number of debtors was 450,000. This means that someone either simply did not want to pay the fine, or did not have the opportunity to do so. Both categories are quite common.
Those who cannot pay the fine on time should take advantage of the deferment. It will allow you to postpone the payment for some time, but you will not be able to completely evade payment. The second category of people simply does not want to pay the system.
A similar law applies not only in Russia, but also in a number of other countries. These include Canada, Poland, Great Britain, Finland, and England. If we talk about the amount of the fine, it is almost the same as in Russia – about $150.
From this article you can find out how an international driving license differs from a regular one.
After reading this article, it will become clear how much an international driving license costs.
What to do. when the driver's license expired and how to change it is detailed in this article here: https://ruleconsult.ru/administrativnoe/pdd/kak-zamenit-prava-po-istechenii-sroka-dejstviya.html
How to get my license back?
It’s easy to get your driver’s license back; to do this, you need to follow these steps:
- Pay off the fine in full, including the commission.
- Show the receipt or a copy of it to the bailiff so that he can issue an order to pay the debt.
- After this, your license will be returned; you will not need to retake the driver's license exam.
In extreme cases, deprivation of rights can be avoided, even if the corresponding decision was made in court. The driver is obliged to go to court, providing the necessary documents and evidence that driving a vehicle at a particular time is vital and necessary for him.
How to pay off overdue debt?
You can pay for the issued order at:
- any bank branch;
- ATM or payment terminal;
- electronic payment services and electronic wallets;
- on the official website of the traffic police;
- on the Gosuslugi portal.
The absence of the resolution itself, or at least its number, does not complicate payment. When repaying online, just enter your driver's license number to see all your outstanding debt. If a resolution is necessary, its duplicate can always be obtained from the traffic police department.
When paying already overdue debts, first of all, you need to check with the traffic police officer for the full amount of the debt, because it may differ from what is expected. This can be done during a personal visit to the unit.
