What to do if the notice of the fine arrived later than 20 days after the decision?, Moscow

Is the game worth the candle?

Definitely worth it! With rare exceptions.

Drivers have the opportunity to pay traffic debts that are half the amount assigned on the basis of Part 1.3 of Article 32.2 of the Code of Administrative Offenses. It is in it that a period of 20 days is stated for paying 50% of the fine. Moreover, the course of this period is marked by a number of difficulties:

the calculation of 20 days begins from the day the decision is made,
the problem is that if the fine took a long time to arrive by mail and arrived late, then you may not find out about the imposed punishment,
most other deadlines are calculated more correctly - precisely from the day of receiving a copy of the resolution, why this particular opportunity begins from other moments is known only to the legislators.

It would seem that legislators came up with an innovation in the law, giving drivers relief, but then immediately made its practical application almost impossible. Moreover, for residents of large cities everything is simpler, but for rural settlements and small towns the situation is more complicated - here letters can take more than 20 days to arrive.

But at the end of 2021, deputies nevertheless corrected this issue. But a logical start for calculating the period from the date of receipt of the decision was still not introduced. Instead, motorists who missed the deadline due to mail were given the opportunity to petition for restoration of the missed period and the possibility of paying at a discount.

How to fill out an application?

Let's look at what information needs to be included in the application:

1. In the header you must indicate the details of the traffic police officer or judge who issued the decision to impose the fine. Article 32.2 of the Code of Administrative Offenses states that the term can only be restored by the employee who made the decision. That is, the petition must be sent to him.

The details of the police officer or judge can be found in the text of the decision imposing a fine.

2. In the lower part of the header you need to enter information about the driver or owner of the vehicle, i.e. Your data (full name, address, telephone, email).

3. The first paragraph of the main part of the petition is filled out on the basis of the resolution.

3.1. In the first field, write down the date the decision was made. Do not confuse it with the date of violation. As a rule, a decision is issued only a few days after the violation.

3.2. In the second field, enter the resolution number. It is usually indicated at the top of the document.

3.3. Also write down in the first paragraph the article of the Administrative Code under which the fine was imposed, and the amount of the fine itself.

4. In the second paragraph of the main part, you should write down the date of receipt of the registered letter.

5. Place the current date at the bottom of the document.

6. Print the document, put your own signature and its transcript.

Note. The main part of the petition is universal for all traffic police fines, so no changes are required.

What should I do if the discount was missed through no fault of mine?

So, as we have already indicated above, in this case in 2021 it is possible to restore the message missed due to the fault of Russian Post.

This is stated in Article 32.2 of the Administrative Code:

If a copy of the decision imposing an administrative fine, sent to a person held administratively liable by registered mail, was received at his address after the expiration of twenty days from the date of such decision, this period is subject to restoration by the judge, body, official, who made such a decision, at the request of the person brought to administrative responsibility.

Where to contact?

According to the meaning of the above quote, you need to do the following - write a petition and send it to the person who made the decision. At the same time, the article lists certain officials and even judges.

But in our case, everything is much simpler - since we are talking about a fine from a camera, which became impossible to pay due to missing a deadline through no fault of the driver, the letter must be written to the TsAFAP official. And which one and to whom exactly is indicated on the back of the copy of the resolution at the very beginning of the text of the letter that arrived to you late. That is why you need to wait for the official notification, even if you have already discovered the fine on the Internet.

This is what the addressee you are looking for looks like, where you need to contact if you miss the discount period:

On the reverse side of the copy of the resolution we find the address and title with the full name of the official - we will need them in the future.

If you still have problems with the address, then all traffic police fines from auto-fixation cameras (except for administrative sanctions for parking at the regional level) come from the Auto-fixation Center - TsAFAP. They are issued on behalf of the main branch of the region where you live, and you can find it on the official website of the State Traffic Inspectorate.

Here, for example, are the addresses of TsAFAP in some cities:

Muscovites who received the fine too late, as a result of which the discount period was missed, should write a petition to the address: Moscow, st. Sadovaya-Samotechnaya, 1,
St. Petersburg – st. Professora Popova, 42,
Samara - st. Krasnoarmeyskaya, 135a,
Krasnodar - st. Starokubanskaya, 86,
Ekaterinburg - st. Chkalova, 1,
Kazan - st. Orenburgsky tract, 5.

What if there is no self-employed registration?

If you do not have registration as a self-employed person at all and you are caught providing paid services, then you will be fined differently - as conducting business activities without registering this activity and paying taxes on it.

They'll take:

Personal income tax in the amount of 13% of all income that was not declared. Moreover, if you fail to find other clients who are not decoys of yours, the tax authorities may try to calculate your total income using average statistical data. You can fight back from this, but it’s difficult, because you have a losing position before the courts: you really weren’t registered and weren’t going to pay taxes on your income.
Fine under Art. 122 of the Tax Code of the Russian Federation in the amount of 20 to 40% of the unpaid tax amount.
Fine under Art. 119 of the Tax Code of the Russian Federation for failure to submit 3-NDFL - 5% of the tax amount that should be indicated there (minimum - 1,000 rubles, maximum - 30% of the tax amount).
Fine under Art. 14.1 of the Code of Administrative Offenses of the Russian Federation, imposed for illegal business activities - so far from 500 rubles. up to 2,000 rub. But it is planned that this amount will increase significantly in the near future.

And most importantly, you will not be considered as self-employed, so that you will not be subject to any concessions under the ban on inspections provided for 2021.

How and what to write in the application?

It's quite simple. It is written in free form in the name of the person who made the decision.

But we definitely need to attach proof to the petition that the letter with the fine arrived by mail late, as a result of which the deadline for payment with a discount was missed. Such evidence may include:

an envelope stamped with the date of acceptance of the letter by mail or delivery to the correspondent,
notification from the post office about a registered letter - also with a date.

Only if you justify the lateness of the letter by the fact that you do not live at the registration address (old registration), then such a petition will be rejected, since formally this is not a valid reason for restoring the discount period.

This document itself is written in a standard way: a header - to whom and from whom, and the text itself.

(also in PDF format).
(also in PDF format).

Next, the completed application and the evidence attached to it must be sent by registered mail with a list of attachments.

Something else useful for you:

Is it possible and how can I get my money back for a traffic fine paid twice or canceled?
Is the warranty voided by law if the equipment is installed or serviced by someone other than a dealer?
How to appeal a fine for not allowing a pedestrian to pass? Form, sample and instructions

⏱ Deadline for payment of traffic police fines

If you have been issued a violation order with a requirement to pay a fine, you must do this within 60 days after it comes into force or when the installment plan ends , if it was provided (Article 32.2 of the Administrative Code).

Small and medium-sized businesses can count on an increase in the period to 180 days (Federal Law dated 06/08/2020 No. 166-FZ).

Article 31.1 of the Code of Administrative Offenses lists the conditions when the document comes into force:

after the period for filing a complaint has expired, that is, 10 days have passed since receipt of the decision;
10 days after the appeal, if it did not lead to a review of the decision;
immediately after the decision is issued, if the complaint was sent to a higher court, which, after consideration, did not change the amount of the punishment.