Traffic cameras: who owns them and what violations are recorded?

Prerequisites for the emergence of private video recording cameras

Back in the early 90s of the last century, the market for video and even audio recording did not exist. However, the direction itself aroused interest among people who subsequently created. Gradually they expanded the range of their work to the following components that can record traffic violations by road users:

• video analytics;
• traffic control system;
• Face Control facial recognition system.

By the way, for the first time I introduced a camera to record traffic violations in Turkmenistan. And only a year later this practice was adopted in Russia.

After this, DPS began to implement the company’s achievements in its work. Thus, to record an offense, it is not necessary to place an employee on every road, and this is impossible. It is enough to install a video recording camera, configure it and receive fines for violations.

True, at the same time another difficulty appeared - there is already not enough money in the federal and local budgets, and if a new item of expenditure is introduced, the deficit may increase even more. That is why, back in 2014, the Federation Council and the State Duma jointly developed a project that would allow private investors to install video recording cameras.

Where you cannot install photo and video cameras

An entrepreneur does not have the right to install video recording systems at his own discretion. According to Art. 57 of the Traffic Regulations, installation sites for stationary automatic fixing equipment must be designated by the leadership of the State Traffic Inspectorate; most often these are emergency sections of roads. The place and time of use of mobile systems is determined by the head of the unit on the procedure for the employee to perform duty. The same article states that automatic fixation equipment cannot be used in places where traffic restrictions are established by temporary road signs. Thus, in the area of ​​temporary signs (for example, placed during repair work), automatic photo and video recording is prohibited, that is, a motorist who received a fine in this area can report to the traffic police or the prosecutor's office with a statement about the incorrect location of the equipment.

According to Russian legislation, drivers must be warned about the presence of a complex on the route that records violations with a special sign. Such warning signs must be placed on all stationary means of photo and video recording, while GOST does not provide for the installation of such warnings on mobile systems. In fact, the purpose of installing the complexes is not to enrich themselves at the expense of drivers, but to reduce the number of accidents and traffic violations. Every day more and more eyes are closely monitoring the order on the roads, so drivers need to be extremely careful while driving - this will not only ensure safety, but will also save them from unnecessary costs of paying fines.

Source

How it works?

After the adoption of the bill, private video recording of traffic violations became possible and legal. At the same time, both sides remain in the black: budget funds are not spent, which makes it possible to find other options for financing, and entrepreneurs get the opportunity to earn money.

Previously, according to the same plan, private investors worked with video recording cameras on toll roads. Now it has appeared on public highways as well. The legality of the actions is confirmed by amendments to the law “On Concession Agreements”.

The businessman just has to install the camera and wait to make a profit. In this case, the funds are transferred first to the state treasury (after the violator pays the fine), and only then to the owner of the equipment. The money is not transferred in full. Some funds remain in the budget. The investor's remuneration can reach 233 rubles for each fine.

Are tripods legal?

The traffic police are in charge of only stationary video recording systems for traffic violations, which are installed by the Traffic Safety Center of the Russian Federation. These are cameras on a rigid support such as “Rapier”, “Arena”, “Chris”, “Strelka”, mounted above the roadway in sections of the road with a high accident rate. They do not change their location, are installed outside the coverage areas of temporary signs, are marked with road signs “Video recording” (8.23) and transmit data to stationary traffic police posts, from where the information flows to the traffic police administrative violation processing center.

The transfer of functions for video recording of traffic violations is legal: according to Federal Law No. 115 “On Concession Agreements”, local government authorities have the right, under an agreement, to transfer video recording functions to commercial investors. Legal entities and individual entrepreneurs who have signed a concession agreement with municipalities purchase, install and maintain video equipment at their own expense, for which they receive the right to independently:

For performing these works, companies receive either a percentage of the amount of fines or a fixed amount of each fine paid (it is decided individually in each region). The traffic police controls the installation sites of such video cameras on the roads and endorses a work permit for each private installer.

For commercial reasons, private service organizations choose to install mobile video equipment (tripods) such as Sokol-M, Berkut, Binar, Iskra, Radius, and Vizir. These video cameras are cheaper than stationary systems, their location can be quickly changed, and they are not subject to the requirement to install a “Video recording” sign or temporary road signs. The cameras are installed in close proximity to the roadway and transmit information to mobile devices of operators, who may be in a car parked at the side of the road, or directly to the traffic police data processing center.

Pros and cons of doing business

Installing cameras on the roads as a business can really bring in good profits. The amount of income will depend on traffic (how many people pass a video camera per day), the number and severity of violations. The main thing is to choose the right section of the route. Where traffic is already calm, installing a video recording camera is almost pointless. But on highways the profit will be many times greater.

This business sector is attractive to investors due to a number of positive factors:

• the opportunity to earn income without additional effort (it is enough to set up work and find a person responsible for the operation of the cameras and their maintenance);
• income without additional operating costs (you won’t have to invest again and again, since the equipment has a long service life, and if necessary, it can always be repaired or replaced);
• there is no need to collect payments yourself - the amount due from the budget will be transferred by the responsible persons within the established time frame;
• availability of a single deadline for receiving payments;
• the opportunity to benefit the population by preventing crime (although many citizens are skeptical about this).

Of course, such a business has its drawbacks. The most significant features include the following:

1. a large amount of profit is made at first, a little later people begin to remember where the camera is located and try not to violate traffic rules in this area (in the worst case, the profit margin can almost disappear);
2. a relatively small amount of remuneration (233 rubles compared to the size of current fines - not so much);
3. money from the fiscal institution does not arrive in streams, but on scheduled dates, which may cause the lack of necessary funds in a certain period of time;
4. the presence of a certain period of cooperation - entrepreneurs can receive commissions only for 12 years after installing the cameras, after this time the contract with the investor ends;
5. not all citizens pay fines, sometimes it takes a lot of time to collect them;
6. the presence of special rules for installing video recording cameras (in their absence, the fine can be challenged by the violator in court).

Even despite so many disadvantages, we can talk about the high profitability of the business itself. It is not for nothing that currently about 50 government contracts have been concluded for the installation and maintenance of CCTV cameras for a total amount of 1.5 billion rubles throughout the country.

Why there was a negative attitude towards tripods

How legal are tripods on highways? Indeed, the law does not prohibit the use of video recording devices. The right to carry out such activities can be used by individual entrepreneurs, private enterprises, and legal entities. They install video recording equipment, carry out activities to collect fines (print and deliver decisions, monitor payments).

Warning

The motorist community does not determine at all who will work with video recording equipment. This is done by the relevant government agencies. Individuals from their activities have income in the form of a percentage of the fine. The more fines they can issue, the more they will earn.

And professional “private owners” know better than others the places where an installed video recording device will help issue more administrative penalties. These are not sections of roads with high accident statistics. There are places where drivers are forced to drive at higher speeds.

That is, tripod owners are interested in making a profit, and not in reducing the number of accidents and crimes. For this reason, they often place their video recording equipment in inconspicuous places. This violates the principle and idea of ​​using the installation as a means to reduce the number of offenses on the roads and improve road safety. The President of the Russian Federation also spoke about this. He commented on the situation, pointing out the substitution of concepts and the distortion of the idea of ​​​​installing funds. Approval by V.V. Putin was the impetus to understand the legality of using tripods.

How much will you have to invest?

The cost of a video recording camera depends on the number of its options. Technologies are developing very rapidly in this direction. Every year the equipment can record and display an increasing number of violations. Operation requires not only a camera, but also control lines, data transmission modules, a data receiving and conversion unit, and much more. A complete set of equipment can cost 2,000,000 – 3,000,000 rubles.

If we consider that the average remuneration is 200 rubles, this means that the devices will pay for themselves only after receiving commissions for 10,000 fines. Since the period for receiving income is 12 years, at least 835 violations must be recorded per year or at least 3 violations per day. For Russian roads this is a small figure. In practice, it turns out that investments pay off in 4 years, and the investor receives excess profits for the remaining 8 years.

Terms of use

The Code of Administrative Offenses regulates the operation of tripods; in particular, Article 2.6.1 stipulates that violations are recorded using special technical means. That is, the code defines its function: recording violations of traffic rules. And only this function should be performed by the product.

Why is there no indication of a tripod installed on the road? All actions related to the use of video recording equipment are regulated by agreement FZ-115 (07/21/2005), but only in terms of rights and obligations regarding fines. Regarding the rules for the use of special means, there must be a corresponding document approved by law.

Information

This year, no rules have been adopted for the installation of such devices on roads; there is no set of rules regulating their use. Today, GOST R 52289-2004 is in force, regulating the installation of road signs, which does not contain any instructions on portable means of fixation.

That is, the use of tripods gives rise to a number of problems:

• The installation can be carried out by private individuals who have a material interest in the increase in the number of offenses;
• There are no rules for the use of tripods; fixation devices are often installed on civilian vehicles, and there is no direct prohibition on such actions in the Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation;
• There is no marking of the installed tripod on the road, which increases the commercial benefit of their owners.