Fine for failure to pay toll roads in 2021

Is there a penalty for toll roads in 2021?

No. Today, this is exactly the situation where there is a legal requirement, but there is no responsibility. In particular, this is not just one such violation; there are a number of similar ones. Let's look at these cases:

as we found out above, there is no fine for traveling without paying on a toll road,
There is also no punishment for dangerous driving, although there is a fairly clear definition of it in the traffic rules,
Also, the Rules prohibit exceeding the speed by even 1 km/h, however, there is also no liability for exceeding up to 20 km/h,
There are many more similar violations (prohibited reversing, creating a danger on the road, choosing a speed that does not correspond to weather and road conditions, and others).

If a traffic police inspector tries to fine you on the road for unpaid travel on a toll section of a highway or other road, then this is a fraud. Perhaps the employee will indicate in the resolution another violated article (for example, driving through a red traffic light - which, by the way, is installed with a barrier at the toll collection point). Therefore, carefully read the resolution before signing and appeal.

But there is one traffic police trap!

However, we have already indicated its essence in the sentence above. It lies in the fact that almost all points for accepting payment for travel by “scarf” are currently equipped with manual collection of payment. That is, the cashier sits and takes your payment. This happens on the M4, M5, M11 and many other sections.

So, such a point is most often equipped with a barrier, and the possibility of passage is regulated by a red and green signal, which mean the same thing as traffic light signals.

Rules for driving on a toll road

The entrance to the toll section of the road is equipped with special toll collection points (TCPs), visible from afar. In order to travel through such territory, it is necessary to pay a fee in accordance with the established tariffs. Tariffs are divided into day and night, the second being lower. Driving on toll sections of the M4 road without paying is prohibited. When approaching a toll gate, you must change lanes to the correct lane based on the chosen payment method.

When paying with cash or a bank card, you need to stop near the cashier's booth. The system will automatically set the car class and determine the amount to be deposited. After depositing the necessary funds, the barrier will open. You must save the payment receipt, as you may be asked to present it when leaving the toll area (on the M4 section in the Lipetsk region).

Payment methods

In addition to the most common methods of depositing funds in cash and by bank card, there are also less trivial ones:

smart card. It is a card that must be applied to a reader that debits funds in the required amount;
transponder. A special electronic device, powered by a battery, is attached to the windshield of the vehicle. The transponder has a personal account assigned to it, which needs to be topped up. When passing through a toll point, funds are debited automatically. When paying via transponder, preferential rates apply.

When approaching a toll point, if a transponder is installed on your car, you do not need to stop; you need to reduce the speed to 20-30 km/h. And you also need to keep your distance to avoid erroneously debiting your account for the vehicle in front. This payment method is convenient for professional drivers and carriers, as well as those who often use toll roads.

Writing off funds via a smart card and transponder allows you to travel through the toll gate faster, without long standing in line on busy sections of the road, and also save money. You can purchase them at sales centers in the PVP territory.

We also read: What punishment awaits a driver who is not included in the insurance policy Features of wearing a reflective vest according to traffic rules in 2021

What prohibits you from riding for free?

Alas, the arguments of some motorists that there is no obligation to pay for travel on roads in Russia are groundless, because the Constitution itself prescribes freedom of movement.

Indeed, such an obligation is not spelled out in the traffic rules. However, drivers are required to be guided not only by these regulations, which, by the way, are not laws and have a lower priority for execution, unlike the latter.

But the very possibility of toll roads and the obligation to pay for travel on them are established by 2 legal acts:

Federal Law on Highways (Article 40, in particular),
Decree of the Government of the Russian Federation No. 18 issued in pursuance of this law.

What is this new law?

So, above we mentioned the new traffic police fine for trying to drive freely on a toll section of the road. As of 2021, it has not been introduced and does not have legal force, so the information about the absence of punishment for non-payment is indeed still relevant. But everything could change if a new law is passed.

We are talking about the draft Federal Law on the introduction of a corresponding article into the Code of Administrative Offenses of the Russian Federation, which directly provides for a new fine for a toll road in the amount of 2,500 to 5,500 rubles.

While the new law is under consideration and has not been adopted, this fine cannot be called valid - traffic police officers cannot legally punish drivers. However, the fact that it has already been adopted at least in the first reading speaks volumes - there is a high probability of its coming into force.

How to cancel a fine for driving on a free road?

Article 12.21.4 also contains the conditions for exemption from liability and cancellation of the issued decision (in the note).

There is only one condition for canceling the decision:

Payment of the toll no later than 20 days from the date of the decision on a fine for non-payment of the toll road.

It is not specified whether such cancellation will be carried out automatically. Perhaps before sending the decision for execution. It is possible that the fined person will have to take some legal action. For example, notify the authority that issued the decision about the fact of payment.

In all other cases, you will have to go to court (or to MADI - in Moscow) to challenge the decision on other grounds.

Among which:

Being driven by another driver, not the owner.
Incorrect identification of the owner - in the case of selling a car, etc.

The mechanism for challenging will be no different from challenging fines issued for speeding.

What is the fine?

The new sanction will be regulated by a change in the Administrative Code - the newly introduced Article 12.244, which will provide for punishment in the following amounts:

a new traffic police fine in the amount of 2,500 rubles for driving without payment on a toll road or along a toll section for the owner of a car or a foreign driver of a car,
and if we are talking about a truck, then the amount will be 5,500 rubles (either the owner of the truck - a Russian, or its foreign driver - is also fined).

Please note that there is no clear division between trucks and cars based on the permitted maximum weight of 3.5 tons, which is common in Russian legislation. It's just about the type of car. Thus, owners of, for example, Gazelles and other vehicles whose weight does not exceed 3,500 kilograms, but which are intended for transporting goods, will be issued a fine for the camera in the maximum amount - 5.5 thousand rubles.

How will they be punished?

The note to this article in the new law directly states that the possibility of recording payment violations on toll roads is provided only in automatic mode. That is, no traffic police officer has the right to issue a fine under the new article 12.244; you can only receive “chain letters” from cameras.

In case of leaving the scene of an accident, the guilty person will be held administratively liable under Part 2 of Art. 12.27 of the Code of Administrative Offenses of the Russian Federation (arrest for up to 15 days or deprivation of the right to drive a vehicle for up to 1.5 years). Also, complexes for recording traffic violations are installed at the toll point, recording the passage of a prohibiting traffic light signal according to Part 1 of Art. 12.12 Code of Administrative Offenses of the Russian Federation (fine up to 5,000 rubles).

Traffic police fines

Violation	Article of the Administrative Code	Amount of fine
Leaving the scene of an accident	12.27 p.2	arrest for up to 15 days or deprivation of the right to drive a vehicle for up to 1.5 years
Driving through a prohibitory traffic light	12.12 p.1	up to 5000 rub.
Driving a vehicle in the presence of malfunctions or conditions under which the operation of vehicles is prohibited	12.5 part 1	warning or 500 rub.
Exceeding the established speed of a vehicle by more than 20, but not more than 40 kilometers per hour	12.9 part 2	500 rub.
Exceeding the established speed of a vehicle by more than 40, but not more than 60 kilometers per hour	12.9 part 3	1000 -1500 rubles, for repeated violation: 2,000-2,500 rubles.
Exceeding the established speed of a vehicle by more than 60, but not more than 80 kilometers per hour	12.9 part 4	2000-2500 rubles / deprivation of rights for a period of 4 to 6 months, for video or photo recording, a fine of 5,000 rubles, for a repeated violation: 5,000 rubles. or imprisonment for 1 year
Exceeding the established speed of a vehicle by more than 80 kilometers per hour	12.9 p.5	fine 5,000 rub. or deprivation of rights for 6 months, for video or photo recording, a fine of 5,000 rubles, for a repeated violation: 5,000 rubles. or imprisonment for 1 year
Driving on a highway in a vehicle whose speed, according to its technical characteristics or condition, is less than 40 kilometers per hour, as well as stopping a vehicle on a highway outside of special parking areas	12.11 part 1	1000 rub.
Driving a truck with a permissible maximum weight of more than 3.5 tons on a motorway beyond the second lane, as well as training driving on a motorway	12.11 part 2	1000 rub.
Turning or driving a vehicle into technological gaps in the dividing strip on a motorway, or driving in reverse on a motorway	12.11 part 3	2500 rub.
Failure to comply with the requirements prescribed by road signs or road markings prohibiting stopping or parking of vehicles, except as provided for in paragraph 5 of this article	12.16 p.4	RUB 1,500/detainment of a vehicle (involves placing the vehicle in an impound lot)
Failure to comply with the requirement of the Traffic Rules to give a signal before starting to move, change lanes, turn, turn around or stop	12.14 p.1	warning or 500 rub.
Failure to comply with the requirements of the Road Traffic Rules, except for established cases, before turning right, left or making a U-turn, take the appropriate extreme position in advance on the roadway intended for traffic in this direction	12.14 part 1.1	warning or 500 rub.
Turning around or reversing in places where such maneuvers are prohibited, except for the cases provided for in Part 3 of Article 12.11 and Part 2 of Article 12.16 of this Code	12.14 p.2	500 rub.
Failure to comply with the requirement of the Traffic Rules to give way to a vehicle enjoying the priority right of movement, except for the cases provided for in Part 2 of Article 12.13 and Article 12.17 of this Code	12.14 p.3	warning or 500 rub.
Violation of the rules for placing a vehicle on the roadway, oncoming traffic, as well as driving along the side of the road or crossing an organized transport or pedestrian convoy or taking a place in it	12.15 p.1	1500 rub.
Violation of the rules for stopping or parking vehicles, except for the cases provided for in Part 1 of Article 12.10 of this Code and Parts 2 - 6 of this Article	12.19 p.1	warning or 500 rub.
Violation of the rules for using external lighting devices, sound signals, hazard warning lights or warning triangles	12.20	warning or 500 rub.
Violation of cargo transportation rules, as well as towing rules	12.21 p.1	warning or 500 rub.
Violation of the rules for transporting people, except for the cases provided for in parts 2 and 3 of this article	12.23 p.1	fine 3,000 rubles, for officials - 25,000 rubles, for legal entities - 100,000 rubles.

The full list of fines is listed on the official website of the State Traffic Inspectorate.

Is it possible and how to avoid responsibility?

It is worth noting separately the main feature of the enforcement of the new fine for free travel on a toll section of the highway, which is provided for in Note No. 1 in the 2021 draft law.

Let's quote it literally:

Fulfillment by a person brought to administrative responsibility of the obligation to pay the toll for travel of a vehicle on toll roads, toll sections of highways before the expiration of the period provided for in Article 32.2 of this Code is the basis for release from administrative liability and termination of proceedings in the case of an administrative offense .

We see a reference to Article 32.2 of the Code of Administrative Offenses of the Russian Federation, which deals with the execution of punishment - that is, the payment of a fine to the traffic police. But only the payment period is mentioned - not the fine, but directly for travel along the “scarf”, and in this case both of these terms are equal - 60 days.

Thus, you can legally avoid a fine for free travel on a toll road only by paying for the toll within 60 days after the violation occurred.

This is the magnificent relaxation that legislators have provided. However, the question of how auto-recording cameras will issue fines remains very unclear. They will either have to be taught to check whether the driver has paid for travel on the toll highway later, or the fine itself for non-payment will be issued only after 60 days.

Something else useful for you:

New fines in July 2021 - is it true?
New fines from February and January 20, 2021 - true or not?
New traffic police fines from September 1st to 20th - true or false?

The procedure for recording a violation.

Most checkpoints are initially equipped with automated technical means. Some of them are responsible for regulating travel. And the other is for keeping records of unauthorized actions. If previously such records were rarely used, now they serve as the main evidence when officially drawing up a decision on an administrative offense. Passers-by are informed about the shooting by special signs.

Thus, a fine for free travel on a toll road will be issued based on photos and videos taken by special cameras operating in automatic mode. Provided that the vehicle registration plate is completely legible.

However, situations cannot be ruled out when patrol groups may be assigned to maintain order. In other words, the degree of violation can be assessed by the traffic police themselves using video recordings.

It is worth noting that there is some “indulgence” for violators. It lies in the fact that within 24 hours after the first violation is recorded, all subsequent violations will not be taken into account. That is, if during the day the driver crossed several payment points without depositing money into the cash register, then they are not added up. Only the first time is taken into account. But this regulation applies only when the car owner’s actions are recorded by technical devices. If he is "caught" by the inspector, then all previous "achievements" will not matter.

When will it take effect?

This is not yet known. As of the date of writing, the bill has only been adopted in the first reading by the State Duma. We need 2 more stages of readings, in which the new law will either be adopted or rejected, and then it will not come into force at all, and also (if it is adopted in all 3 readings) by signing by the President of the Russian Federation, approval by the Federation Council and official publication with a deadline at least 10 days after that.

You can see for yourself the current status of the project today on the official website of the Duma, and also check it and all other new laws in our timeline of changes to Russian traffic legislation.