6 important aspects of filing a complaint with the traffic police

Procedure

Most often, the reason for wanting to file a complaint is when a traffic police officer issues a resolution or draws up a protocol that does not meet the principle of legality.

Another reason for appeal is a violation of the driver’s rights when taking exams to obtain or replace a driver’s license, vehicle registration, as well as simply incorrect behavior of an employee or extortion of a bribe.

You can submit a claim in several of the following ways:

• As part of a personal appeal. In this case, you must print out two copies of the complaint. One remains with the traffic police, and on the other, employees make a note about acceptance of the document.
• The claim may be sent by registered mail with a return receipt noted.
• Such a complaint can also be filed online.

In this case, you can use several of the following options:

• Official website of the State Traffic Safety Inspectorate or the Ministry of Internal Affairs.
• Government services.
• System of pre-trial appeals.

If a citizen decides to file a claim via the Internet, there is absolutely no need to fill out documents on paper. Simply fill out the appropriate form on the traffic police website.

How to file a complaint against a traffic police officer?

A complaint to the traffic police is a person’s disagreement in writing (submitted to a competent person or judicial authority for consideration) against the actions (inaction) of traffic police officers.
In this case, the purpose of the appeal is to protest the conclusion of an offense. A complaint against the actions of the traffic police must be considered within the period specified by law, and based on the results of the consideration, a response is provided in writing.

Complaint against the traffic police decision

It doesn’t matter at all for what offense the resolution was issued, the main thing is that if the car owner believes that they are trying to sue him illegally, then he has the right to file a complaint against the traffic police.

The reasons for writing a report against an employee are as follows:

• Refusal of the traffic police inspector to record witnesses in the protocol.
• Without investigating the circumstances of the case, the traffic police officer signed the resolution unreasonably, punishing an innocent person.

After a decision is made that does not satisfy the victim, it is necessary to draw up a complaint against the decision of the traffic police and send it to the competent authorities.

Where should I complain?

The following government agencies must accept a complaint against the traffic police:

1. Traffic police manual.
2. Rospotrebnadzor.
3. Prosecutor's office.
4. Court.

There are several options for filing a complaint in this case.

1. In person
   . You must print 2 copies of the application. One of them will remain with the traffic police, and on the other copy the office workers will make a note about the acceptance of this paper.
2. By mail
   . The appeal can be sent by registered mail with a return receipt noted.
3. Using the Internet
   . You can also file a complaint against the traffic police online.

If you have the opportunity to file a complaint online, there is no need to fill out paper documentation. You just need to fill out the appropriate form on the traffic police website.

The traffic police does not respond to the complaint - what to do?

Your request must receive a detailed response. If the traffic police does not respond to the complaint within the 30 days established by law, or the response is of a formal nature, you should appeal it to a higher authority, the prosecutor's office or court to bring the traffic police officer to administrative responsibility. The best and most effective method is an appeal to the prosecutor's office

.

How to write a complaint to the traffic police?

Requirements for filing and filing a complaint:

• Since the sample complaint is not defined, the paper can be drawn up based on the general requirements, taking for clarity any appeal in this regard.
• Each complaint to the traffic police contains the full name of the judicial authority, as well as the place where it is sent.
• Then indicate information about the applicant: full name, place of registration, residence, contacts.
• It is necessary to indicate the information of all interested parties and their contact information.
• When filing a complaint about the actions (inaction) of the inspector, you need to create a detailed description of the events, indicating their chronological sequence.
• Indicate the full name and title of the employee who violated the law.
• A complaint against a traffic police officer must reflect the specific demands that the complainant wants to achieve.
• When filing a claim, you need to keep a copy for yourself, and it should have a mark on it with the date the appeal was submitted to the authorities that control traffic inspectors.

Important!

When a complaint is made against a decision of the traffic police, the author of the application is obliged to describe all the reasons in more detail in connection with which the requirements are put forward. Because if it turns out that the inspector is being slandered, the one who pretended to be the victim will be punished.

If you encounter unlawful actions by traffic police officers, feel free to write a complaint. To make your appeal as effective as possible, contact legal center specialists or lawyers.

ATTENTION!

Due to recent changes in legislation, the information in this article may be out of date!
Our lawyer will advise you free of charge - write in the form below.
Source: https://PravoDoc.com/articles/kak-podat-zhalobu-na-gibdd/

Filling rules

So, how to write a statement to the traffic police? In principle, a claim can be made in any form. True, if desired, a person can use a special sample that is available on the Internet:

• The header indicates the organization with the official where the person is sending the complaint. For example, addressed to the head of the traffic police department. When a document is sent to the prosecutor's office, its details are indicated in the header.
• The text describes the situation as fully as possible and outlines the essence of the complaint. They also provide links to points in the regulatory documentation that were violated.
• The requirements for the official are indicated (conducting an employee check, speeding up the process of issuing a certificate, etc.).
• Evidence of the words is attached to the complaint to the traffic police.
• If there is no evidence, the claim is sent without it. Of course, in this situation the chances of resolving the case in favor of the applicant will be much less.
• Date the application with a signature.

In addition to the completed complaint paper, a copy of the applicant’s passport is required.

Time limit for consideration of a complaint to the traffic police against a decision (Article 30.5 of the Code of Administrative Offenses of the Russian Federation)

We do not always agree with those in power on everything. Sometimes such disagreement awakens in us not at all in order to calm our inner “I”, but because of the latter’s direct and obvious violation of the obvious. When orders are issued in a formulaic manner, without thought, just to write them out, and then maybe they will pay.

Well, if one of us is not satisfied with the administrative punishment, then fortunately at the legislative level there is an opportunity to challenge such a decision of the traffic police. We even devoted an article to a similar topic on how to appeal a traffic police fine.

Here it is also necessary to say about the possibility of sending such a complaint through the traffic police website, which can clearly make life easier for the average motorist. After all, in fact, he will not have to go to the regional office, write a complaint there, and go again to receive the result of its consideration.

Indeed, everything is conveniently simple, but there is one “but”! Is it effective? Does it work? Thus, the most common violation on the part of the body authorized to make decisions on administrative cases and in the case of a complaint against such decisions is failure to meet deadlines for consideration of the complaint.

That is, you can send a request through the same traffic police website, but in the end you may simply not wait for a response to your complaint. How long does the traffic police have to respond to your complaint? How long can they look at her there? When can a new complaint be written about a complaint due to missed deadlines for consideration? About this in our article.

Which article regulates the deadline?

Since we have already spoken about the possibility of the accused to defend himself at the legislative level, it is certainly necessary to refer to the article of the Code of Administrative Offenses of the Russian Federation, which gives such a right. The opportunity to write a complaint and send it appears based on the provisions of Article 30.

2 of the Code of Administrative Offenses of the Russian Federation “Procedure for filing a complaint against a decision in a case of an administrative offense”, part 1 and part 3. We will not quote them. We are more interested in the time frame for consideration of such a complaint by the authorized body. And this period is specified in Article 30.5 of the Code of Administrative Offenses of the Russian Federation “Time limits for consideration of a complaint against a decision in a case of an administrative offense.”

It is he who is the very reason why we started writing this article and who we will now tell...

Time limit for consideration of a complaint to the traffic police against a decision (10 days)

So, Code of Administrative Offenses of the Russian Federation, Article 30.5. Part 1 of this article needs to be quoted here.

It remains only to comment that a period of 10 days is given for consideration of the complaint without any deviations! That is, it doesn’t matter whether it was holidays, weekends or “combat” weekdays. In our opinion, this is not entirely true, because in our country there are holidays for a week.

Let's say for the New Year. Ultimately, missing deadlines is almost inevitable.

However, on the part of the motorist who filed the complaint, failure to meet the deadlines for consideration of the complaint will once again only undermine faith in the traffic police, while providing an opportunity to write another complaint about the failure to consider the deadline for consideration of the complaint.

What are the consequences of missing the deadline for considering a complaint to the traffic police?

Although in the previous paragraph we expressed concern for the authorized body, saying that it may not have enough time to consider the complaint, since this deadline may fall on a holiday. But here, for the sake of fairness, it is worth mentioning about car enthusiasts.

After all, if you delay in answering, you may miss the deadlines under the article representing the interests of drivers. For example, Article 32.2 of the Code of Administrative Offenses of the Russian Federation provides for the opportunity to pay a fine at a discount within 20 days from the date of the decision.

However, there are no reservations about whether these are working days or weekends. 20 days and that's it. Of course, failure to respond to a complaint may deprive the motorist of the opportunity to pay the fine with a 50 percent discount if the resolution is not canceled, and then the desire to compete with the “local femida” will disappear.

That is, you will have to pay a “full” fine due to going beyond the 20-day period from the date of the decision.

Is it possible to restore the deadline due to a late response to a complaint?

If you are still with us and follow the thought, then you already understand that filing a complaint with the traffic police may result not only in delaying the response time, but also in losing the right to pay a fine at a discount. In this case, it is necessary to mention Article 30.3 of the Code of Administrative Offenses of the Russian Federation “Term for appealing a decision in a case of an administrative offense”, part 2

That is, if the matter with challenging the administrative penalty does not go well, you can restore the term and pay the fine at a discount. True, to do this, you will again have to send an appeal to the traffic police and indicate the reason for the restoration period, if not a timely response from them. As a result, if such a period is restored, which is most likely, if there was a delay from them, then it will be possible to pay the fine at a discount.

Questions and answers on the topic “Time limit for consideration of a complaint to the traffic police against a decision”

Now let's sum up the answer as a short quick question and answer.

Question: What is the period, in accordance with the Code of Administrative Offences, for consideration of a complaint under a resolution? Answer: 10 days. However, this period applies only to the decisions of the traffic police, about complaints for the courts the period is 2 months.

Question: Is it possible to restore the deadline for paying a fine at a discount if the deadline was missed due to a late response from the body considering the complaint? Answer: Yes, you need to write an appeal to the authorized body to restore the deadlines.

Source: https://www.AutoSecret.net/avtoshkola/zakon/2024-srok-rassmotreniya-zhaloby-v-gibdd-na-postanovlenie-statya-30-5-koap-rf

Submitting an application online electronically

Citizens can write a statement to the traffic police via the Internet. This can be done using your personal account on the official website, following the following algorithm of actions:

• Go to the official website of the traffic police and register there, filling out the proposed form.
• Directly in your personal account, select the option that sounds like “We accept your requests” and indicate your city of residence there.
• In the proposed questionnaire, you must indicate an email or postal address to receive the required response.
• Next, write the complaint in a special field reserved for text, or attach it as a file, supporting it with photographs and video materials.

Deadlines for review and response

The law allows, as a rule, thirty days to study a complaint to the traffic police. This period is counted directly from the date of registration of the application. If the paper contains questions that do not fall within the competence of the traffic police, then within a week it is forwarded to the appropriate authority for further consideration.

The ability to promptly file a complaint against the actions of motorists or traffic police officers through the traffic police website makes it possible to maintain order on the road, thus increasing traffic safety. Active actions on the part of citizens help to effectively combat the rudeness of motorists and other violations of the rules.

Which traffic police decisions are subject to appeal?

In fact, the law obliges the traffic inspector who issues a violation of traffic rules to explain to the violator his rights in an accessible form, in particular, the procedure for appealing the decision made against him.

In practice, fulfilling this obligation comes down to the fact that you are asked to sign on some form under the phrase that your rights and obligations have been explained to you.

Before signing, you may well require the inspector to perform those actions that you must confirm in writing, and if the “clarifications” received do not satisfy you, refuse to sign for false information.

However, the trouble is that the representatives of the road service themselves are not always competent enough to advise someone.

The first rule that needs to be firmly remembered: the protocol on an administrative offense (administrative protocol) cannot be appealed. A decision made on the basis of this protocol is subject to appeal.

By a decision in a case of an administrative offense, as a rule, the perpetrator of a violation of traffic rules is held accountable in the form of a fine or other punishment.

But the document may also provide for the termination of the proceedings; such a decision can also be appealed (for example, by another participant in the traffic situation who considers the exemption from punishment to be illegal).

A traffic police decision can be challenged on various grounds indicating its illegality. Let's look at them in a little more detail.

The first basis is claims against the protocol (as was said, the protocol itself is not appealable, but this does not mean that the nonsense contained in it is the ultimate truth. We simply write about this not in a complaint against the protocol, but in a complaint against the resolution).

If the date, time, specific section of the road and other circumstances of the incident are indicated incorrectly in the protocol, or the data of the violator, other participants or the inspector himself are given incorrectly, feel free to write about this in a complaint (although, as a rule, appealing a traffic police fine on this basis will only be successful in the event that incorrectly presented information actually influenced the validity of the decision made by the inspector).

The second basis is formal complaints about the resolution itself (they did not explain the rights, did not select explanations, did not mention witnesses, did not attract witnesses, etc.).

It is worth mentioning here that in order to correctly use this basis, you still need to have a fairly deep understanding of the procedural subtleties.

If you are not sure that your formal complaints against the inspector are fair, but you know for sure that in essence you are right, you should not “lump everything into one pile”; choose those violations that are truly significant and which you have no doubt about.

The third ground concerns the essence of the violation. Carefully figure out what clause of the traffic rules you are accused of violating, what fines are provided for this, and compare this with what actually happened and with what is written in the resolution. If there are discrepancies and they are significant, this is grounds for canceling the traffic police decision.

A complaint against a decision can be filed by the offender, the victim, as well as their representatives (lawyers).

The law provides the opportunity to appeal a traffic police fine in two alternative ways - to a higher police authority (the head of the territorial traffic service unit) or to the court. The right to choose where to appeal the traffic police decision belongs to the person filing the complaint.

Many practicing lawyers will confirm that judicial appeal is usually more effective, since, on the one hand, “one hand washes another hand,” on the other hand, be that as it may, the courts, unlike officials, are professionally oriented toward resolving disputes, and judges are In general, they have much higher qualifications and, in particular, ideas about the presumption of innocence than any officials.

If you choose to appeal to a higher authority and your complaint is not satisfied, go to court.

Filing two complaints to different authorities does not make any sense: as a general rule, the state protects its citizens in only one way. Therefore, if you try to sit on two chairs, a complaint filed with the police will not be considered, that is, only a judicial procedure will work.

Can citizens be denied consideration of online claims?

A complaint to the traffic police filed via the Internet is rejected in the following cases:

• The driver sent the already created request for the second time.
• During the survey, incorrect information about the driver is indicated and the address is entered incorrectly.
• The complaint contains obscene language along with offensive phrases and obscene expressions.
• The text of the appeal is incorrectly composed (for example, the content and circumstances of the appeal are not clearly stated).
• The full address for receiving feedback is not indicated.
• The circumstances of the submitted claim require the driver to be personally present or signed.
• The content of the appeal itself does not contain a complaint, statements or any demands from the applicant.

Features of compilation via the Internet

When filing an online application with the traffic police directly on the official portal, you need to take into account all sorts of nuances, for example:

• Complaints about traffic police officers or rude drivers will be sent automatically once they are completed.
• The State Traffic Inspectorate can send a response by mail or via the Internet in an electronic file.
• Requests submitted online must not exceed two thousand characters.
• You can attach various materials with documents to your appeal. The application can contain up to 5 megabytes of information.
• For the traffic police, the complaint must be drawn up very briefly, in an official style and contain a requirement with the main idea.

What to do if the traffic police does not respond to electronic requests?

As noted earlier, electronic complaints against traffic violations are subject to consideration within thirty days from the date of their actual receipt with all available case materials by persons who are authorized to study them.

Upon review, the employee undertakes to provide the applicant with a copy of the decision by email or mail. If the notification has not been received, you should contact the traffic police to submit a secondary application to explain the current situation and provide the applicant with a copy of the explanation. Actions, just like inactions on the part of traffic police officers who violate the rights of citizens, can be appealed to higher authorities.

A complaint can be sent by personally contacting the State Traffic Inspectorate, orally or in writing. By the way, complaints against the traffic police resolution, which are written by hand, are accepted by internal affairs bodies around the clock.

The second way is to write an appeal to the traffic police through the reception in the form of an electronic appeal. It is worth noting that such applications via the Internet are usually processed much faster. As you can see, filing a complaint with the traffic police via the Internet is quite real and effective. If a citizen wants to eradicate violations among drivers, he should not pass by the so-called car louts, but should report them to the relevant authorities.

What are the deadlines for processing applications to the traffic police?

Reception (consideration) of applications from citizens to the traffic police is regulated by the following legislative acts:

• No. 59-FZ dated 02.05.2006;
• Order No. 707 of the Ministry of Internal Affairs of September 12, 2013

All requests received by the traffic police are registered within 3 days. The legislation gives the right to consider each within 30 days. In some cases, this time is not enough, then the department can extend the period for another 30 days, but is obliged to send the citizen a corresponding notification.

Application Features

It must be said that the Internet portal for complaints to the traffic police on the website has a fairly simple form with an accessible interface. Its creators provided the opportunity for applicants to send photographs and video files, which helps confirm the violation; the complaint itself is filled out in special fields. Online, applicants can follow the stages of consideration of the case, and each of them is assigned an individual number.

In order to achieve punishment for violators, it is necessary to act competently. You must attach photographs and video recordings to your appeal, which will serve as proof that you are right; you must indicate the exact date and place where the offense was noticed. For example, there is no point in sending a summer photograph in the winter, or vice versa, since this will cause the period for prosecution to expire.

The traffic police does not respond to complaints challenging fines, what to do?

How to appeal traffic fines?

The editors of Autochel.ru figured out what can be done in a situation where there is a need to appeal a fine.

A standard situation on the road: a police officer stops you and says that you have violated such and such a traffic rule, asks you to go with him into the official car (this is not necessary, you can expect completed documents in your own car), after which an administrative violation report is issued.

GKU "AMPP" notifies all car owners that the effect of Part 1.3 of Article 32.2 of the Code of Administrative Offenses of the Russian Federation (on payment of half the amount of the administrative fine) DOES NOT APPLY to fines imposed for committing offenses provided for in Part 2 of Article 8.14 of the Code of Administrative Offenses of Moscow (

“Failure to pay for placing a vehicle in a paid city parking lot”

), and therefore such fines must be paid in full.

The possibility of paying half the amount of an administrative fine is provided only when paying a fine imposed for committing certain offenses provided for in Chapter 12 of the Code of Administrative Offenses of the Russian Federation.

The deadline for paying an administrative fine is sixty days from the date the decision to impose an administrative fine comes into force.

Wrong address

What to do in this situation, where to go and what to do if you find yourself one of these “lucky ones”? The details were told to the RG correspondent in the capital's traffic police department.

Actually, the whole thing started with the fact that some motorists of our newspaper showed me the “letters of happiness” that they had received. In the first of them, the photograph shows a car and its license plate.

But the computer did not quite correctly read one of the digits of the number.

From these discussions it follows that the main goal of a civil servant is to get rid of complainants as quickly as possible. In order not to be accused of breaking the law, you need to write a competent formal reply.

Ideally, it is better not to allow the complaint to be received at all, or not to accept it on formal grounds. We studied online forums where investigators and prosecutors communicate.

Conversations take place in the most frank tone; under the guise of anonymity, participants share secrets and best practices.

Official website of the Moscow Administrative Road Inspectorate madi.mos.

ru Reception of complaints about decisions in cases of administrative offenses Complaints about decisions in cases of administrative offenses, UIN (unique accrual identifier - 25 digits) which begins with the numbers “035604” (035604************* ******) should be submitted to MADI. Complaints can be submitted in person to the following addresses:

Take photos or videos from the scene. According to Russian law, you have 10 days to appeal a fine. But you need to keep in mind that we are talking about calendar days, and not about working days (that is, weekends and holidays are taken into account).

At the same time, it is theoretically possible to restore this period, but only for a good reason: illness, business trip, and so on.

You can appeal the inspector’s decision either directly to the traffic police department (or to a higher traffic police body) or in court.

Articles - Happiness is not in letters: challenging illegal fines

What to do if you did not violate, and how to avoid paying other people’s fines? Let's try to answer this through the prism of two eternal questions: Who is to blame? For all its perfection, technology also makes mistakes.

This usually happens when recognizing characters on state registration plates.

And here various factors can play a role: a stain of dirt that turns “9” into “8”, an unsuccessful viewing angle, poor visibility at the time of fixation, or the details of the license plate deliberately erased by the owner of the car. It would seem that the operator should see the error, but this does not always happen.

How to challenge a traffic police fine - competently appealing a fine

Unfortunately, traffic police officers are not always objective; sometimes their actions contradict not only Russian legislation, but also, naturally, common sense.

This article is devoted to a topical issue for drivers: how to challenge a traffic police fine? A traffic police inspector can issue a ruling on a violation of the rules at the place where the offense was recorded or at the scene of the accident.

The same task is assigned to special units of the traffic police, when a violation is recorded virtually automatically.

Application to challenge the actions of the bailiff

A sample administrative claim against a bailiff can be found here >>> An application to challenge the actions of a bailiff is submitted to the district (city) court.

A complaint against the actions of the bailiff, against the decisions of the bailiff must be filed with the court where the bailiff performs the duties.

All complaints are written according to the provided template.

We recommend reading: Federal Law 255

Search for traffic police fines by resolution number

The person will be presented with a table with empty columns for mandatory filling. You will need to enter the relevant information into this table. First, you need to choose one of the proposed methods for finding a fine. In this case, you need to click on the tab

“Search for traffic police fines by administrative violation resolution number”

. Next, you need to enter the number of the resolution on the administrative offense in the empty column and click on the button called “Search”. Program

“Search for traffic police fines by the number of the resolution on an administrative offense”

will have to find the fine assigned to the person or organization and indicate its size on the screen.

How to appeal a video camera fine?

Driving instructors told us what to do if you did not violate it and how to fight off a fine from a video recording camera.

Educational function of cameras Drivers often receive so-called “chain letters” for violations that motorists have not committed.

Automotive instructors believe that cameras cannot always correctly recognize a car’s license plate number, which is why car owners receive such letters. First of all, you should figure it out, because an unpaid fine can lead to serious consequences.

He came himself: how to challenge an incorrectly issued traffic fine

Meanwhile, every citizen of Russia has the opportunity to appeal a decision on an administrative offense according to the law. M24.ru found out which authorities you need to contact to appeal a fine for violating traffic rules.

Where can you check for a fine for a traffic violation? What to do if you receive an illegal fine If the Traffic Police Automated Recording Center has recorded a traffic violation, the owner of the car to whom the car is registered receives a fine by registered mail.

“Employees at the recording center are now sending these resolutions quite quickly, because...

FAQ: how to appeal a fine from cameras

Unfortunately, you can currently download videos of violations only in the Chelyabinsk region, so for illustration we used one of the videos sent earlier by a Chelyabinsk resident.

A tram that broke down at an intersection forced cars from the second row to go around it in an arc, ending up in the “erogenous zone” of the camera, which recorded the turn following the arrow to the right.

And the driver of the Nissan X-Trail, who ultimately drove straight through the intersection, received an “automatic” fine of 1,000 rubles, because the camera decided that he had jumped under the extinguished arrow.

Source: https://urist-rostova.ru/gibdd-ne-otvechaet-na-zhaloby-po-osparivaniju-shtrafov-chto-delat-49627/