Deadlines for repayment of traffic fines according to the law
Having learned about administrative liability, some drivers do not agree with the measures taken against them and appeal the decision. The majority pay off the fine within the time intervals established by Article 32.2 of the Code of Administrative Offenses:
- filing an application for an unlawful, from the violator’s point of view, decision – 10 days;
- depositing funds in the amount of the assigned sanction in any way after the end of the appeal period - 60 days.
Thus, the administrative fine must be paid no later than 70 days after receiving the decision to prosecute.
Payment options
Law-abiding citizens try to pay off all penalties on time. Payment of an administrative fine on time is carried out in the following ways:
- Bank cash desk. To repay, you must have identification documents and a decree on the imposition of penalties. Disadvantage: charging a commission for completing a transaction and wasting time.
- Post office. The difference from the previous option is the size of the commission fee.
- ATMs and terminals. Information is entered by manual typing; in modern models, the device reads the barcode itself. All that remains is to deposit cash or make a payment by bank card.
- Traffic police website. In a special section, enter the state number of the car and technical passport. After entering the “captcha” (control word or number), they receive detailed information about violations and penalties. Choose one of several payment options.
- Public services. Using simple navigation, enter the “Traffic Police Fines” tab, following the prompts, and make payment. Disadvantage: initial registration is required with mandatory identification confirmation.
- Other online services. Payments through intermediary sites are accompanied by an increase in the amount of expenses for remuneration for their services. Sberbank, RNKB. Yandex-money and other financial organizations make it possible to find out about the collection and pay for it through your “personal account”. You will have to pay a commission, but its amount will be minimal.
It is important to know! Regardless of the chosen repayment option, it is recommended to save a check or receipt, and when using electronic systems, use the function of generating a payment form.
Deferment of fine payment
Now let's look at a situation where there is no money, but you need to pay a lot. Sometimes traffic police fines are so high that it is not possible to pay the entire amount within the 2 months allotted by the state.
In these cases, it is recommended to use your rights to:
• deferred payment (you can ask for another month);
• installment payments ( payments can be extended over 3 months ).
To do this, a petition is written to the court or the traffic police department that issued the fine. The application must be accompanied by documents about your difficult financial situation: a certificate of salary, pension or unemployment benefit.
In addition, there is a statute of limitations, after which the decisions become invalid. There are different time frames here that differ from the generally accepted ones. According to the Code of Administrative Offences, these terms are equal to two years . That is, if the resolution came into force more than 2 years ago and has not yet been executed, then the fine is considered to have expired. But even here there are pitfalls.
If, according to the law, you have been deprived of the right to drive, you can return your driver’s license only after paying off all debts and penalties. And it will be absolutely legal.
Within two years (the statute of limitations), you will have to fight off with all your might the bailiffs and the measures they have taken. After the deadline set by the state for you to pay the fine, late fees will begin to accrue. The size of the obligations will grow every day. And after 30 days of delay, the decision will be transferred to the bailiffs for execution.
Together with the penalty, the amount of collection will at least double. And the process of collecting a fine will begin.
If you hide from the bailiffs in every possible way and ignore their warnings, then more stringent measures will be applied to you:
• you may be given up to 50 hours of compulsory work;
• you will end up in the travel ban database and you will not be allowed to leave the country at customs;
• you may be arrested for up to 15 days.
Although the last measure, that is, arrest, has no right to be applied if the fine was issued on the basis of recording the offense using video cameras.
Grace period for payment
The preferential terms for paying a fine are set out in part 1.3 of article 32.2. Code of Administrative Offences, and are presented with the opportunity to pay half the cost of collection within twenty calendar days from the date of the decision. Exceptions to the discount are as follows:
- secondary and subsequent violations;
- failure to register or drive a car without a driver’s license;
- driving while drunk, as well as transferring control to an intoxicated person;
- gross violations of safety rules (driving through a prohibitory traffic light sign, using the oncoming lane, etc., including those recorded by video recording).
The full list of driving violations, where payment in the amount of half the sanction is possible, is reflected in Chapter 12 of the Code of Administrative Offenses.
What fines cannot be paid with a 50% discount?
You cannot pay half the fine for violations:
- Part 1.1 Art. 12.1 of the Code of Administrative Offenses of the Russian Federation (repeated driving of a vehicle not registered in the prescribed manner);
- Art. 12.8 of the Code of Administrative Offenses of the Russian Federation (Driving a vehicle by a driver who is in a state of intoxication, transferring control of a vehicle to a person who is in a state of intoxication);
- part 6 art. 12.9 of the Code of Administrative Offenses of the Russian Federation (Exceeding the established speed of a vehicle by more than 40, but not more than 60 kilometers per hour, committed repeatedly);
- part 7 art. 12.9 of the Code of Administrative Offenses of the Russian Federation (Exceeding the established speed by more than 60 and 80 kilometers per hour, committed repeatedly);
- Part 3 Art. 12.12 of the Code of Administrative Offenses of the Russian Federation (Driving through a prohibiting traffic light signal or a prohibiting gesture by a traffic controller, if this offense is committed repeatedly).
- Part 5 Art. 12.15 of the Code of Administrative Offenses of the Russian Federation (Driving in violation of traffic rules into a lane intended for oncoming traffic, or onto tram tracks in the opposite direction, if this offense is committed repeatedly);
- Part 3.1 Art. 12.16 Code of Administrative Offenses of the Russian Federation (Driving in the opposite direction on a one-way road, if this offense is committed repeatedly);
- Art. 12.24 of the Code of Administrative Offenses of the Russian Federation (Violation of traffic rules or rules of operation of a vehicle, resulting in the infliction of slight or moderate harm to the health of the victim);
- Art. 12.26 Code of Administrative Offenses of the Russian Federation (Failure of the driver of a vehicle to comply with the requirement to undergo a medical examination for intoxication);
- Part 3 Art. 12.27 of the Code of Administrative Offenses of the Russian Federation (Failure to comply with the requirement of traffic rules to prohibit the driver from consuming alcoholic beverages, narcotic or psychotropic substances after a traffic accident in which he is involved, or after the vehicle was stopped at the request of a police officer, before an examination by an authorized official in in order to establish the state of intoxication or until an authorized official makes a decision to exempt from such an examination).
For reference. Offenses committed again within 1 year from the date of completion of the first order are considered repeated.
Is it possible to pay the fine in installments?
If a citizen is unable to adhere to the deadlines within the time given to pay traffic fines, he has the right to use the norms established in Article 31.5 of the Code of Administrative Offenses:
- Postpone execution up to one month. The decision is made by the person who imposed the punishment (court, authority, etc.).
- Request consideration of an installment plan of up to three months, providing evidence of income that does not allow you to make a lump sum payment. Other circumstances may also be considered when making a decision. You can pay off your debt ahead of schedule - you don’t have to wait until the term expires.
It is important to know! For foreigners or stateless persons, deferment (installment plan) is not provided in cases where the court makes a decision to simultaneously expel them from the state. The restriction also applies to the circumstances of offenses accompanying road accidents of vehicles with foreign registration.
Is it possible not to pay?
There is one trick that a car owner can legally use. It is due to the fact that traffic police fines cannot wait forever for payment. There are time restrictions that will help you avoid paying a fine.
Statute of limitations for debts
There are legal grounds according to which the car owner is exempt from the sanctions imposed on him. The rules are based on the statute of limitations for debts, which is 2 years plus 10 days that are initially allocated for appeal. This period is provided for by the traffic police fine payment procedure.
A legal way to avoid paying a fine
At the end of this period, the debt is considered officially overdue. From this moment on, traffic police officers no longer have the right to issue a decision on an administrative offense committed, since they missed the period corresponding to the law. Such “program glitches” are unlikely, but sometimes they do occur.
When will the fine be sent to the FSSP?
The bailiff service begins to become interested in the fact of debt after the deadline for paying the traffic police fine has expired. Here we mean 70 days, which are counted from the moment of receipt of the “chain letter” plus 80 days, which begin at the end of the first period.
Responsibility for delay
In circumstances where the deadline for payment of the traffic police fine has been violated, within the framework of Article 20.25 of the Code, the following enforcement measures are taken:
- recovery of funds twice the amount of the initial sanctions, but not less than a thousand rubles;
- administrative arrest not exceeding a period of 15 days;
- involvement in compulsory community service, up to 50 hours in total.
In case of untimely fulfillment of the obligations imposed by the sanctions, simultaneously with the above incentive measures, the materials are transferred to the bailiff service. They have ample opportunities to collect debts from both legal entities and individuals.
Time frame for consideration and decision making
When a traffic police officer notices a driver’s violation, the inspector immediately stops him and a report is drawn up on the spot. The citizen then receives a receipt. He can pay it or appeal if the punishment was imposed unlawfully.
The situation is different if non-compliance with traffic rules was recorded by a video surveillance camera. Information about the committed act is transmitted to the Processing Center, where, based on the information received, a decision is made.
The time frame for considering a case of an administrative offense is indicated in Article 29.6 of the Code of Administrative Offenses of the Russian Federation. In paragraph 1 as amended by Federal Laws No. 69-FZ of April 30, 2010, No. 307-FZ of October 14, 2014. It is stated here that data received from street recorders is processed within 15 days from the date of receipt of information.
Based on photographs or videos, violations are drawn up. The traffic police officer must send the document to the citizen. He is given 3 days for this from the moment the paper is formed.
Therefore, the period for consideration and decision-making should not exceed two weeks. The operator has another three days to forward the order to the driver. The citizen receives a receipt 18-20 days after the violation.
The period may increase due to the work of the Russian Post. Delivery of correspondence may take up to 3 weeks. Because of this, you may be late in paying the fine at a discount. To avoid such a situation, you need to independently check the penalties imposed by the traffic police.
Forced debt collection
The result of malicious violations of the deadlines for paying a traffic fine is the initiation of enforcement proceedings. In addition to collecting the main payment and the requirements of Article 20.23 of the Administrative Code, the violator pays a 7% fee (but not less than 1 thousand rubles). The tools to influence the execution of the decision are presented as follows:
- Collection of funds from active accounts of the debtor's financial organizations.
- Claiming part of your salary.
- Seizure of property, followed by sale at auction.
- Restriction of travel outside the country.
Advice! Among other things, a ban will be applied on registration actions, for example, with a car. If the debtor decides to sell it and pay off the debt himself, he will not be able to do this.
Penalty for non-payment
In case of delay in payment after 70 days from the date of receipt of the resolution, traffic police inspectors initiate a case against the motorist under Article 1. 20.25 of the Code of Administrative Offences. Materials regarding the failure to pay an administrative penalty within the time limits established by law are submitted to the court. After considering the circumstances of the offense and recording the fact of non-payment of the fine, the judge makes a decision to punish the motorist.
Among the sanctions provided for in this article, additional types of sanctions may be applied to the defaulter, such as:
- The most common measure is to increase the amount of the penalty to twice the amount of the original unpaid fine. At the same time, the article stipulates that the amount of financial punishment cannot be less than 1000 rubles.
Note! After this, the violator has 80 days to repay the debt under the imposed sanctions.
- Assignment to community service for 50 hours, taking into account that the maximum time during which a person can be involved in such activities is no more than 12 hours per week.
Note! In practice, the offender works the specified number of hours over several months.
- Administrative detention for up to 15 days is rarely assigned and is used as an exceptional measure against persistent non-payers of fines.
After the time allotted for the motorist to compensate for the penalties imposed, in case of non-payment, the debtor’s case is transferred to the bailiffs for forced collection of the fine.
Among the levers of influence they have on the defaulter, the following measures should be highlighted:
- seizure of the debtor's property;
- blocking bank and credit cards;
- a ban on traveling outside the Russian Federation, if the violator needs to pay a fine in excess of 10,000 rubles to the traffic police;
- deprivation of the debtor's driver's license or issuance of a temporary document restricting driving until the penalty is paid.
Such a measure can only be applied after it has been approved as a decision by the judicial panel. If a motorist is caught driving a vehicle with a limited-type license, he may be subject to more stringent sanctions in the form of 50 hours of community service or confiscation of his driver’s license for one year.
New traffic police fines – video:
Limitation period for administrative sanctions
Despite the strictness of the debt collection procedure, the law provides for an amnesty if the deadlines for payment of the traffic police fine were significantly violated - the execution of the decision was not carried out within two years from the date of assignment (Article 31.9 of the Administrative Code). When calculating the time, the period presented for appeal is taken into account - you can not pay the penalty after two years and ten days.
You should not seriously count on successful payment evasion for the following reasons:
- development of technology and equipping police officers with modern means of communication with databases, with the ability to check information online;
- expanded debt collection capabilities and active work of the bailiff service;
- impossibility of registration actions in the presence of outstanding fines.
The statute of limitations can be renewed if the debtor or his property is found even one day before the expiration. Keeping drivers informed about the deadline to pay a traffic fine allows them to avoid tougher sanctions, and if temporary financial difficulties arise, they can resort to installment payments.
Fines have increased, but their payment period has also doubled
Some still believe that the fine must be paid within a month of receiving the decision. However, this, of course, is not true for several reasons:
- The countdown of the time given to the driver to pay the fine begins only after the end of the period for appealing the decision on the offense, that is, after ten calendar days from the time of receipt.
- According to the changes to the Code of Administrative Offenses for 2021, the period for which the driver is obliged to pay a fine is now not 30, but 60 days from the date the decree came into effect .
Accordingly, the deadline for paying the traffic police fine is 60+10, i.e. 70 days after receiving the decision. This also applies to the so-called. "letters of happiness" As soon as you sign at the post office for receipt of this document, the ten-day period for appealing it will begin.
The fine can be paid in installments
In some cases, the amount of the fine for serious traffic violations may be so high that the motorist will not be able to pay it within the statutory deadline for paying the traffic police fine. It is in such situations that the following norms prescribed in the Code of Administrative Offenses will help solve the problem:
- deferment of the fine - provided for a maximum of one month;
- Installment of the fine - can be provided for a maximum of three months.
A preferential payment regime is assigned by the court or the authority that issued the fine based on an application. In this case, you will need documents confirming your difficult financial situation (certificate from work).
Let us remind you that from the date of expiration of the installment plan or deferment, a 60-day countdown will begin, during which you are required to pay the full amount of the fine.
Fines have a statute of limitations
Not every driver knows that very old fines for traffic violations, the regulations for which came into force more than two years ago, do not have to be paid. Article 31.5 of the Code of Administrative Offenses states that if a decision on an administrative penalty has not been executed within two years, then after this period it is not subject to execution.
When calculating the validity period of traffic police fines, you need to understand the difference between the concepts of “the decision has entered into force” and “the decision has been issued.” In the first case, 10 days are taken into account for a possible appeal, so another 10 days must be added to the two years from the date of receipt of the decision in hand - after this period, the fine does not need to be paid. However, please note that according to the norms of the Code of Administrative Offences, in force since November 15, 2014, if you fail to pay all debts on fines, you will not be able to return your rights in the event of deprivation.