Punishment for failure to pay a traffic fine

What to do if the traffic police fine is overdue

Check the date on the paper order. Look at the date of the ruling. If 70 days have passed, it means the fine is overdue. For example, a traffic camera noticed that a driver crossed the stop line on October 1st. Add 70 days - on December 11 the fine will be overdue.

If there is no paper decision, check the date in the electronic one. If you don’t have the resolution on hand, you can check the date on the “Traffic Police Fines.”

On the main page, enter the license plate number of the car, the number of the registration certificate and license. If there is a fine, the service will display a resolution with all the data: date of violation, payment, unique number and method of recording the violation.

“Traffic police fines” show the date of violation and the period by which 70 days will pass

Check the overdue fine with the bailiffs. If the fine is overdue, check to see if it has gone to the bailiffs. You can check this on the service website.

Under the verification form there will be an “Advanced Search” button - click on it.

Next, fill in the empty fields with the data from your passport.

If the case has not yet been received by the bailiff, the following message will appear.

This means that the bailiffs have not yet initiated enforcement proceedings. However, you still need to pay the traffic police fine.

If the fine went to the bailiffs, information about the enforcement proceedings will appear. From the start of production, the driver has 5 days to pay the traffic police fine.

Pay the overdue traffic fine. If the payment deadline has passed, the driver owes money only to the bailiff service; the initial traffic police fine does not need to be paid. You can pay the fine on the Traffic Police Fines website.

UIN 322 - number of the resolution on collection from the bailiffs. UIN 188 - number of the resolution from the traffic police, on the basis of which the bailiffs issued a new

Notify bailiffs about payment. To prevent the bailiffs from starting work with the fine, it is better to bring the receipt for payment of the fine to the FSSP officer. The address and telephone number can be found on the notice from the bailiffs. If there is no notification, contact the district office of the FSSP in your city.

Deadlines for payment of traffic police fines in 2021

The obligation to pay an administrative fine for violating traffic rules is established in Article 32.2 of the Code of Administrative Offenses of the Russian Federation. This provision, namely paragraph 1, defines a period of 60 days from the date the resolution enters into force. The decision on the traffic police fine comes into force after 10 days from the date of receipt, unless it has been appealed.

Clause 1 in Article 32.2 of the Code of Administrative Offenses of the Russian Federation indicates that the legislator has provided for some exceptions to the deadlines for non-payment of traffic police fines:

If the punishment is applied to a foreigner simultaneously with deportation, then payment is made no later than the next day after the act comes into force. This is necessary to ensure that the person fulfills the established punishment before he is expelled from the Russian Federation, since it will be problematic to receive money from him after this.
When it comes to violations under Article 12.9 of the Code of Administrative Offenses of the Russian Federation (exceeding the established speed), paragraphs 6 and 7 of Article 12.16 of the Code of Administrative Offenses of the Russian Federation (Failure to comply with the requirements prescribed by road signs or markings of the roadway), Article 12.21.3 of the Administrative Code of the Russian Federation (Failure to comply with the requirements of the legislation of the Russian Federation) Federation on payment of a fee to compensate for damage caused to public roads of federal significance by vehicles with a permissible maximum weight of over 12 tons), the maximum period is a total of 60 days, but must be paid before the transport leaves the Russian Federation.

The deadline for paying a traffic police fine may be increased if the person has been granted a deferment, which is issued at his request. Such a relaxation can be established on the basis of a court decision, that is, the driver will need to apply and indicate the reasons why this is necessary. In practice, most often, a difficult financial situation or, for example, a long-term illness is used as a justification.

The chances of getting an installment plan for non-payment of a traffic police fine, if the amount of the fine is small, will be small. The court is unlikely to consider the need to shift the deadlines if the amount of the fine is 500 rubles or a little more, especially if the person has official income from which the debt can be collected.

Overdue traffic fine: consequences

If the traffic fine is not paid, the case will go to the bailiff - he will add an enforcement fee and, if the driver does not pay in this case, he will send the case to court. The judge will impose a double fine from the original, arrest or compulsory labor. Here's how it happens.

The fine will go to the bailiffs. If after 70 days from the violation the fine is not paid, the inspector will send a copy of the decision to the bailiffs. The inspector has 10 days to do this. When the bailiff receives the document, he will issue a decision on enforcement proceedings and send it to the driver. You can check the letter in the “State Post” section on State Services.

They will add 1000 rubles to the fine. After sending the document, the driver has 5 days to pay the fine, otherwise the bailiff may award an enforcement fee. If the violator misses this five-day period, he will have to pay the initial fine, plus 1,000 rubles. This is a possible punishment for failure to pay a traffic fine. He has another 70 days to do this.

The money will be debited from the account. If you miss this deadline, the bailiff will transfer the case to court. The judge will likely issue an order requiring the money to be withdrawn from the bank account.

The driver will be arrested or have his license restricted. The court may order arrest for 15 days. Failure to pay the traffic police fine on time may result in other sanctions:

money will be deducted from your salary;
will not be allowed abroad;
will suspend the rights;
will be prohibited from selling the car;
they will send the car to the impound lot and sell it for debts - this happens during FSSP and traffic police raids on the road.

Read the detailed instructions about what will happen if you overstay the traffic police fine, what to do if the paid traffic police fine was handed over to the bailiffs, how to prove the fact of payment and appeal such a fine.

A working way to avoid paying a fine

It consists in the fact that you simply avoid paying a fine to the traffic police, and bailiffs do not have the opportunity to write it off forcibly. That is, you really don’t pay the fine, having “forgotten” it, but your task is to ensure that the FSSP cannot collect it from you. Yes, this method works, but it is far from very convenient. However, there are simply no more comfortable methods for avoiding paying a traffic fine in 2021.

And several necessary actions (or inactions) will help you with this:

you must not have bank accounts or have funds in them,
you should not have property, or you simply do not need to allow bailiffs into your home, but this is relevant if the total amount of debts you have is small, for fines with a total amount of, for example, 100 thousand rubles or more, the bailiffs will be more diligent in their work, and when fines for speed or parking, for example, this action works,
on the road when driving your car, it is also better not to get caught in FSSP raids (subscribing and regularly reading messages about such posts in instant messengers or social networks will help you with this).

How long before you can not pay?

Here your task is to hold out until the end of the compulsory execution period, which is 2 years. After this, the enforcement proceedings against you may be closed... Or they may not be closed. Remember, above we wrote that there is no end to compulsory execution?

The point here is that the Code of Administrative Offenses of the Russian Federation in Article 31.9 clearly indicates that if the resolution was not enforced within 2 years from the date it entered into force, then it is not subject to it. However, the phrase “executed” in this context means that it was not handed over to the bailiffs. However, some lawyers believe that this means that the decree was not actually implemented. And the truth here is revealed, in fact, by the practice according to which, even after 2 years of non-payment, fines from drivers continue to be written off from cards and accounts, and enforcement proceedings are not closed.

Therefore, the method works, but how long you will have to hide money and property is difficult to answer.

What fines may not be paid?

But this method does not apply to all punishments. If a fine was issued to you along with the deprivation of your license - for alcohol or drug intoxication, for refusing a medical examination or drinking alcohol after an accident, then you will not be able to pick up your driver's license without paying a fine of 30,000 rubles for the deprivation.

But you also will not be able to get a license from the traffic police without paying all other fines if you are deprived of your rights under other articles of the Code.

This state of affairs is prescribed by part 4.1 of article 32.6 of the Code of Administrative Offences.

When not to pay

The traffic police issued the violation incorrectly. Traffic police officers have regulations with their rights and responsibilities. An administrative penalty can be challenged if the inspector committed one or more violations:

did not attract witnesses or did not record on camera information about an accident or other “road” violation for the record;
did not indicate in the protocol all the information that is relevant to the case - the circumstances of the violation, his actions, the road infrastructure layout, the quality of the road and lighting;
did not indicate the comments of witnesses in the protocol;
if the decision was issued on the basis of recordings from traffic cameras, it did not take into account the technical condition of the traffic cameras, bad weather conditions, the quality of asphalt and lighting in the area;
did not indicate in the resolution his position and surname, the date and place of the violation, the deadline and procedure for appealing.

To challenge the actions of a traffic police officer and not pay a fine, write a complaint addressed to the head of the department where the employee who made the decision works. The complaint must indicate what mistakes the inspector made and what he did not take into account when considering the case.

The driver does not admit his guilt. It happens that the camera made a mistake or the workers did not have time to remove the temporary sign, and the driver receives an erroneous fine. The most reliable way to prove your innocence is to use a video recorder or witness testimony. The recording from the camera can be attached to the complaint on a flash drive or disk.

If you did not violate, write such a complaint. The traffic police is obliged to consider it within 10 days

What to do if you do not agree with the fine

A big problem with video recording cameras is the errors that this equipment makes. Within 10 days from the moment the letter was delivered to you, you have the right to appeal the decision. When considering a receipt from cameras, you should pay attention to:

compliance with road markings;
car license plate;
his speed.

It is possible to prove that you are innocent only in case of an obvious mistake (for example, in Moscow, a motorist succeeded in doing this, the shadow of whose car they tried to fine for getting into the oncoming lane). If you have GLONASS or a tachograph installed on board your car, you can try to get rid of the fine using data from these devices.

Lawyers recommend that anyone who believes that the decision was made erroneously contact the traffic police and prepare to defend their interests in court. These actions will bear fruit only if the truth is on your side. If you actually violated traffic rules, then you should try to pay the ticket quickly to save half the amount.

Where can I view the traffic police fine?

On the website "Traffic Police Fines". On the main page of the service, fill out the fields with the car’s license plate number and registration certificate number.

Fill in the car number, STS, license and enter your email. Mail is needed so as not to miss new fines

On State Services. First, you need to register on the portal, then confirm your account. This can also be done through banking services or at any MFC. When the registration on State Services is confirmed, you can leave data about the car in your personal account. After this, information about fines will be sent to your personal account and to the email that was specified during registration.

Remember

A fine is considered overdue if it has not been paid within 70 days from the date of violation.
The consequences of an overdue traffic fine are the transfer of the case to bailiffs, to court and forced collection of money.
To pay an overdue fine, check on the FSSP website to see if enforcement proceedings have been initiated. If not, pay the fine as soon as possible.
If the bailiff has started the proceedings, look at the date - after 5 days from the start of the proceedings the bailiff may assign an additional fee. Then you will need to pay the amount of the fine plus a fee to the FSSP.
If you do not pay this fine, the bailiff will refer the case to court - they may impose a double fine or arrest.
The traffic police fine may not be paid if the inspector incorrectly completed the report or the driver has evidence of innocence. Send a complaint to the traffic police along with evidence - indications of errors or a recording from the registrar.
You can check fines on the State Services website after registration or immediately on the “State Traffic Police Fines”.

All articles by the author: Evgeniy Lesnov