Can a traffic police inspector fine a driver without video evidence of his guilt?

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Published: March 23, 2020

Reading time: 3 min

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Surely many drivers have encountered the so-called “chain letter”. You can get it if you commit an administrative offense in relation to traffic rules (traffic rules), and automatic recording devices will register it. From this article you will learn what the consequences may be and whether it is possible to lose your license in this way, because modern technologies make it possible to track not only violations of the speed limit, but also driving through an illegal traffic light or making a U-turn across a solid line.

• Is it possible to lose your license for violations recorded by a video camera?
• Peculiarities of proceedings in cases of administrative offenses recorded by technical means operating in automatic mode
• When can you still deprive your camera rights?
• Differences between automatic photo or video recording and recording by a traffic police officer using a camera
• The most serious violations recorded by video recording systems and liability for them provided for by the Code of Administrative Offenses of the Russian Federation
• conclusions

Is it possible to lose your license for violations recorded by a video camera?

According to Russian legislation, deprivation of rights for a violation recorded by a video recording camera is impossible.

Cameras are installed on roads to detect and record the following offenses:

• driving into oncoming traffic or through a double continuous lane;
• driving in areas prohibited for cars, for example when driving in a public transport lane or pedestrian zone;
• deviation from the speed limit or passenger safety rules;
• driving at an inappropriate traffic light signal;
• parking in an unspecified place and many others.

These violations are recorded automatically using special devices. The car owner receives a notice of administrative violation, which he can appeal within ten days.

The provided video or photographic evidence cannot guarantee the absolute authenticity of the offense committed. Thanks to the development of technical means, it does not require much skill to create a fake confirmation from video cameras. Don't forget about possible malfunctions in the software installed in the tracking tools. Therefore, for a violation recorded by the automatic system, punishment is provided mainly in the form of a fine.

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REFERENCE! For example, for violating the speed limit, the maximum penalty is 5,000 rubles, which is provided for in paragraph 5 of Article 12.9 of the Code of Administrative Offenses of the Russian Federation.

Is it possible to challenge the punishment for a violation?

The question of whether video recording rights can be deprived has now been clarified until other rules have been adopted. But penalties often require the repayment of fairly large sums, which is why many drivers are interested in the possibility of challenging a court decision.

It was said above that a decision can be challenged within 10 days from the date of its issuance. Thus, when the driver has received a court decision and still has time left, he needs to contact an experienced auto lawyer. Specialists in this field of law often encounter similar situations, so they know well what to do. They mainly refer to the fact that the license plates of the car are not clearly visible, so another person could be the offender. Lawyers have many more arguments in their arsenal that they can use when challenging a court decision.

If success is not achieved, the driver will be required to pay a certain fine and do this no later than within two months from the date of receipt of the decision.

Important! It is worth mentioning that today they can issue deprivation of rights for fines if the amount of the latter exceeds 10,000 rubles. Therefore, drivers should approach the issue of debt repayment responsibly and not put it off.

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When can you still deprive your camera rights?

There are situations in which a violation recorded by a camera may result in deprivation of rights.

In addition to cameras operating in automated mode, there are also manual ones. They are used by traffic police officers.

With this option, the inspector stops the offender and gives him the opportunity to familiarize himself with the received material, which clearly shows the offense. Next, the traffic police officer draws up a protocol. The obtained data, recorded using a technical tool, must be attached to the prepared document.

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IMPORTANT! The materials themselves confirming an administrative offense in the field of traffic rules are not sufficient grounds for depriving a driver of the right to drive a car.

That is, what sanctions to apply to the violator will be decided only by the judge at the trial. Punishment is imposed solely on the basis of the protocol drawn up.

If you are faced with a situation (for example, the judge is incompetent and has a personal grudge against you) in which you have been deprived of your rights based only on video recording of the offense committed, appeal the verdict.

The application must be submitted to a higher court within 10 days from the date of the verdict. Deprivation of rights based on materials recorded on camera is illegal, so the plaintiff will be acquitted.

What violations are recorded on camera?

The Road Safety Inspectorate uses various methods of surveillance and photo-video recording. Recording devices installed in service vehicles are used, as well as stationary equipment located in places with large concentrations of vehicles or potentially dangerous sections of the route.

Violations that can be recorded by the camera include:

• Driving in the oncoming lane.
• Ignoring a police officer's request to stop.
• Driving through intersections with red lights.
• Over speed.
• Driving across railroad tracks in the wrong way.
• Making a U-turn in areas of active traffic

Thus, various traffic violations can be recorded using surveillance cameras. However, the presence of video materials is not always grounds for deprivation of rights. In many cases, other methods of punishment are provided.

conclusions

Thus, a decision on infringement of rights solely on the basis of materials obtained thanks to a technical means of fixation operating in automatic mode is not objective, and therefore, it will be unlawful.

However, do not forget that the roads are patrolled by traffic police officers, who will draw up a protocol in case of violation. Further, everything will depend on the circumstances of the offense and the judge’s decision. So, you always risk losing your right to drive. In addition, do not forget that there are financial penalties for violations in the form of fines.

Responsibility for a recorded offense

According to current legislation, deprivation of rights based on data from cameras is impossible. Most often, for a violation that is punishable by deprivation, a maximum fine of 5,000 rubles will be issued. The “letter of happiness” will be sent to the driver at his registration address, and it is better to pay the fine as soon as possible, despite the fact that 60 days are allotted to resolve such issues.

A driver can be deprived of his license on the basis of video recording if he was immediately caught in hot pursuit by traffic police officers and presented with a recording from the camera and drew up a report on an administrative offense. However, in practice this rarely happens.

In the event that a decree on deprivation of rights is issued only on the basis of data from cameras, the driver can easily challenge such a decision in a higher court. He may well be satisfied, since deprivation of rights through a video recording camera is not yet a generally accepted practice. In any case, no one can and has no legal basis to deprive a citizen of his driver’s license in absentia.

Thus, deprivation of the right to drive a vehicle based on data from a video recording camera is possible if such punishment is provided for by the article of the Code of Administrative Offenses corresponding to the violation. But most often, motorists get by with maximum fines, which corresponds to the norms of Part 3.1 of Article 4.1 of the Code of Administrative Offenses of the Russian Federation. If a case of deprivation of rights is opened, it will be considered in court in the same manner as when recording a violation by traffic police officers.

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Reading time: 4 minutes

Just a couple of years ago, traffic cameras were the prerogative of large cities. But today they are widely installed in all regions of the country. At the same time, the number of questions regarding the legality of using data from such photo and video recorders is growing. Read on in the article whether traffic violators face deprivation of their license through a video recording camera and fines.

Overtaking DVR

entails deprivation of the right to drive vehicles for a period of one year, and in the case of recording an administrative offense using special technical means operating in automatic mode, having the functions of photography, filming, video recording, or means of photography, filming, video recording - the imposition of an administrative fine in the amount of five thousand rubles

shall entail the imposition of an administrative fine in the amount of five thousand rubles or deprivation of the right to drive vehicles for a period of four to six months.

4.1. “Code of the Russian Federation on Administrative Offenses” dated December 30, 2001 N 195-FZ (as amended on April 3, 2018) Article 12.15. Violation of the rules for positioning a vehicle on the roadway, oncoming traffic or overtaking (as amended by Federal Law No. 210-FZ of July 24, 2007) (see text in the previous edition)

Can Another Driver's DVR License Be Deprived?

Reading time: 4 minutes The introduction of video surveillance systems on the roads of our country forces motorists to be more careful when driving. At the same time, the question of whether the rights to use a video recording camera can be deprived does not lose its relevance. Indeed, the recording of an offense on such a device provides grounds for bringing charges against the motorist. But if there is no personal contact with the traffic inspector, how does this procedure take place?

What offenses can be recorded automatically

The traffic inspectorate has many cameras of various modifications, differing in technical characteristics and functionality. For video recording, the Arena and Iskra systems are used, among others. In addition, the Vizir, Rapier, and Chris-1 radars are often used. Many models are capable of working in both stationary and mobile modes. Some are installed on roads, others can be attached to the patrol vehicle itself.

Generally speaking, the main emphasis is on identifying the following traffic violations:

• Driving into the oncoming lane.
• Failure to secure the driver and passengers with seat belts.
• Enter the lane allocated for public transport.
• Exceeding the speed limit.
• Lack of MTPL policy (from 1.01.20).

In addition, in some regions of Russia, devices have already been installed that calculate the average speed of movement along a controlled section of the road. By measuring the speed at the entrance and exit, they calculate the average value. If it turns out to be higher than the norm, then the driver also receives a “letter of happiness” from the traffic police.

But this, of course, is not all. In the near future, the government promises to strengthen control by installing cameras capable of recording the facts of crossing the stop line at a prohibiting traffic light. And also situations when the driver did not give way to a pedestrian walking along a zebra crossing.

As a result, very often drivers have the question of whether their license can be revoked for speeding on a camera, crossing a double line, or some other violation.

Grounds for deprivation of rights

The driver faces deprivation of his driver's license for committing the following violations:

• driving a vehicle under the influence of alcohol or drugs;
• driving into the oncoming lane;
• leaving the scene of an accident;
• intersection of a double solid marking line;
• completing overtaking through a continuous marking line;
• overtaking in the presence of a prohibitory sign “Overtaking is prohibited”;
• driving towards you on a one-way road;
• passage under the “brick”;
• driving without a license;
• violation of vehicle operating rules;
• non-payment of fines.