Unknowingly or on purpose, almost all drivers violate traffic rules at least once in their lives. Some of them are sincerely surprised at this, not understanding what exactly they violated and why the fine was imposed. But this does not relieve responsibility. Not all motorists are well acquainted with the intricacies of administrative legislation. And even more so, few of them are aware that there is such a rule as the statute of limitations for traffic police fines. Essentially, this is the period after which you will no longer be held accountable. In this publication, we will look in detail at how long fines are stored in the traffic police database, whether it is possible not to pay, and what this entails.
Time frame for paying fines in 2018-2019
According to the norms of Russian legislation, namely, the Code of Administrative Violations, car owners who are subject to certain penalties for violations are required to pay a fine no later than eighty days after receiving it. This period of time is essentially divided into three stages:
- The first ten days, during which the offender can appeal the protocol in court in the event that he partially or completely disagrees with the punishment;
- 60 days from the moment the decision came into force;
- Ten days after the case was transferred from the court to the enforcement authorities.
Please note: for any violations, the countdown begins from the moment a copy of the protocol and a payment receipt were received. This rule is the same for all motorists: those who were issued a fine on the spot, and those who received a corresponding notification by mail as a result of video recording of the violation.
Accordingly, we can summarize: for almost three months there is no rush to pay the fine. But if you wait and exceed the deadline established by law, you will certainly face various sanctions. Among these:
- Double the fine (but not less than 1000 rubles);
- Arrest for fifteen days;
- Executive work for a period of 50 hours;
- Problems with border crossing;
- Refusal to leave the Russian Federation for other countries (this rule applies to fines exceeding 10,000 rubles and only if there is a corresponding court decision)
That is why, before refusing to pay a fine, think about whether it is worth it and what consequences are possible in your case.
Validity period of traffic police fines
Many drivers are interested in the question of whether traffic police fines expire, since over time they may become the basis for a ban on crossing the state border or be expressed in the form of other consequences. This happens after two years, but few people can withstand such a period of limitation, so it is recommended not to delay and pay incoming receipts on time. Algorithm for calculating the period:
- According to the provisions of the Administrative Code, the period begins to be calculated from the moment the resolution enters into legal force. This happens 10 days after it is issued, since at this time the opportunity to appeal it is lost.
- In the case of a letter where there is photo or video recording of the violation, the period for appeal begins at the moment of receipt of the notification. Except when a person evades its delivery.
- The statute of limitations for a fine begins two months after the appeal period expires. For example, Petrov V.V. received a citation for illegal parking on October 5, 2021. He could express his disagreement within 10 days, that is, until the 15th. After two years, namely on October 15, 2021, the unfulfilled fine will be canceled.
- Problems begin 80 days after the document is drawn up. This period is not random and includes 10 days for an appeal, 60 days for payment, and 10 days for bailiffs to make a decision regarding the violator.
But one should not be deceived by such simplicity of calculation, and think that if traffic police fines expire after 2 years, then there is no need to pay them. Executive authorities have certain instruments of influence for the forced collection of debts. Therefore, deliberately brushing aside incoming receipts from the traffic police is not the best solution. Legal deadlines can only be increased if the citizen formalizes a deferment or installment payment plan. It is usually provided on the basis of an application for a period of 1 to 3 months.
Limitation period for traffic police fines
In fact, every driver is obliged to repay the receipts issued to him on time and in full. Road patrol services must closely monitor compliance with this norm. But this doesn't always happen. Especially when it comes to minor fines. That is why the situation is quite real when such holders of fines are forgotten. In practice, this is like this: 80 days have passed, and the offender has not received any notice by mail. What to do in this case? Hurry to the cashier and quickly pay the fine? In fact, you shouldn't do this. After all, this is exactly the case when you can wait. And it is likely that in this case the statute of limitations will come to an end. A tempting prospect, isn't it?
Cases when the payment period (limitation period) for traffic police fines increases
It happens that the statute of limitations is extended because the offender does not want to pay and is hiding from the bailiffs. Or a citizen admits guilt, but there is no money - the fine may be too large for him. In this case, the bailiffs refer the case to the court, where a decision is made to increase the payment period. The Administrative Code provides for three such cases.
Debtor's evasion of responsibility . As long as the debtor is alive and has property, the bailiffs will consider that he is evading payment. The deadlines are renewed when the debtor avoids payment. Typically, defaulters withdraw all money from accounts, block the phone and do not open the doors to collectors. This will not help get rid of the debt, since the payment period will increase while the debtor was hiding.
Paying off debt in installments. The debt amount can be repaid in installments. The maximum installment period is three months.
Large fines are often accompanied by revocation of licenses. Only a judge can make such a decision. This means that you can ask the court for an installment plan. For the court to allow this, you must justify your request, for example, by a difficult financial situation or the presence of dependent children. A pre-drafted payment schedule must be attached to the application for installment plans.
Granting a reprieve or suspension of execution of a sentence. The rules and documents are the same as for installment plans. The maximum period is three months.
Such an application can be submitted to a judge to defer payment of the fine. But then the statute of limitations will be extended
How long are fines stored in the traffic police database?
The Code of Administrative Offenses of the Russian Federation clearly defines the norms when a fine can be completely forgotten. Given the fact that no relevant changes were made in 2021, the statute of limitations for similar cases is two years from the date of entry into force. However, we should not forget that the traffic police fine does not come into force immediately, but only ten days after receiving it. This period may be longer in cases where judicial appeals take place. Therefore, two years should be counted not from the moment when the receipt was received, but from the period when the decisions came into force. Essentially, it's two years plus ten days.
When will the bailiffs take over your case?
Bailiffs, as a rule, allow a minimum period of time for voluntary repayment of a fine - only five days. It is also worth mentioning that only those drivers who were not looked for at all or looked for poorly, and not those who hid well from the bailiffs, manage to avoid paying fines (by waiting for the statute of limitations to expire).
When chance can help
Sometimes all sorts of delays that are inherent in the work of various government agencies can prevent you from paying fines. In other words, if you received a citation in the mail for a traffic violation that occurred more than two months ago, no one can force you to pay for it. Another option is possible: the violation order, which was recorded by a photo/video camera, was sent, but continues to gather dust in the mail, and the recipient is in no hurry to pick it up. In this case, this letter will be sent again to the sender. And it is from this moment that the corresponding resolution will come into force. In a situation where the fine exceeds the amount of 10,000 rubles, and the violator ignores payment, then a temporary restriction on traveling outside the Russian Federation may well be applied to him.
Important points
There is often a situation where the video camera is not fixed correctly. As a rule, we are talking about situations where the equipment mistakenly photographed the actions of a motorist who did not violate the rules. In these cases, it is definitely worth challenging the decisions of the traffic police in court. In addition, the fact of a violation can be documented only no later than three months. In the case where they require the driver to pay a penalty after ninety days, this is illegal.
How long does it take for traffic police fines to expire?
So, if you do not pay traffic police fines, they will expire - the data is current as of May 31, 2021. This happens 2 years after the date of entry into force of the decision on such a fine. Article 31.9 of the Code of Administrative Offenses tells us this:
Article 31.9. The limitation period for the execution of a decision to impose an administrative penalty.
1. A resolution on the imposition of an administrative penalty is not subject to execution if this resolution has not been enforced within two years from the date of its entry into legal force.
As you can see, everything is simple! Execution of a punishment is the payment of a fine, and if the fine has not been executed within two years from the date it entered into legal force, it expires.
But what is the effective date? According to the same Code of Administrative Offenses (Article 31.1), this is the date on which the period for appealing the decision on a fine expires. That is, first the inspector makes a decision (namely a decision, not a protocol), then there is a period during which this decision can be appealed, and after this period the decision comes into force, and it can no longer be appealed. The appeal period for almost all traffic fines is 10 days. But this period is interrupted if you appeal the decision.
If the decision was made not by the inspector, but by means of automatic recording, then the period for appeal begins after the driver has been properly notified of the punishment. Such notification is a registered letter with a copy of the resolution received by the driver at his place of registration if he did not evade receiving it.
Example: citizen Ivanov committed a violation on June 3, 2021 - he was driving at an excessive speed, which was recorded by a self-driving camera. As a result, a resolution was drawn up against him, issued on June 5 of the same year, and a copy of the resolution was sent to Ivanov by mail. Ivanov received this copy on June 14, 2021, and did not appeal this fine.
As a result, we get the following timing:
- The date of entry into force of the resolution is June 24, 2016 (date of receipt of the copy + 10 days for appeal).
- The expiration date for the fine is June 24, 2018.
It seems like nothing complicated, doesn’t it?! But in reality, fines are burned in this way very rarely. The fact is that the state takes good care of replenishing the budget, so it will not allow you to simply not pay a fine - this will be discussed below.
Is there a statute of limitations for traffic fines?
Taking into account the above, unpaid fines will be automatically canceled after two years and ten days have passed from the moment you received the relevant notices and payment documents. It is possible that you will not have the opportunity to refuse to pay the fine at that time. The reason for this is the peculiarities of the well-known bureaucratic machine.
There will be no grounds for paying a fine in cases where:
- The fine was issued more than 60 days after the violation;
- The decision was made in judicial appeals of the penalty later than 90 days, which had passed from the moment the offense was committed.
conclusions
Almost all decisions have their own statute of limitations. A fine from the traffic police is no exception. However, consider whether you should wait a little over two years for the penalty obligation to disappear. Especially if you have to constantly risk meeting with bailiffs or worry about being denied permission to travel abroad. And this takes into account the fact that many fines are cheap. Of course, this is a rather controversial issue. At the same time, each car enthusiast decides it exclusively for himself personally.
But most importantly, the best way to avoid paying fines is to drive strictly according to the traffic rules. This is the only way to save nerves, time and, most importantly, your financial resources, spending them on more pleasant and useful things.
