After how many years do traffic police fines expire?

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:

1. 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.
2. 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.
3. 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.
4. 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.

When do traffic police fines expire?

As we found out, none of the above deadlines means that the fine is lost. But, nevertheless, in certain cases this happens. In what cases and how long do traffic police fines expire?

There is a separate article in the Code of Administrative Violations - 31.9, which specifically stipulates the statute of limitations for fines. Let's quote the first part:

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.

What is execution of punishment? This is the payment of a fine (in the case of a fine). Moreover, this payment can be either voluntary or forced. The transfer of the fine to the bailiffs in this case is precisely forced execution. Moreover, the fact of forced execution is not considered the fact of collection of a fine by the bailiffs, but rather the transfer of the case to the bailiff service. This means that if the fine was handed over to the bailiffs, then it will be enforced until forced payment at the expense of the debtor’s funds on cards, accounts or at the expense of property.

What does all of this mean? And the fact is that the traffic police fine expires if it has not been transferred to the bailiffs within two years from the date of its entry into legal force. If it was transferred, then it will never burn out, and sooner or later you will have to pay for it. Even after the death of the debtor, the unburned fine passes to his heirs.

And now a simple example of all of the above.

• The owner of the car received a ticket issued by a traffic camera for speeding by mail. The fine was issued on September 1, 2021. A copy of the resolution arrived to the owner by mail on September 15.
• Thus, on September 26 (10 days from the next day to enter into legal force), the fine came into force, since the owner did not appeal it.
• On November 26, the deadline for paying the fine passed, and on November 27, the deadline for prosecution under Article 20.25 of the Code of Administrative Offenses began.
• This period lasts until February 27, 2021 (moreover, you will not be put under administrative arrest for auto-recording - Note to Article 20.25 of the Administrative Code).
• After February 27, the obligation to pay the fine remains, and it has not yet expired.
• In total, this obligation lasts from September 26, 2021 to September 26, 2021. If the fine has not been transferred to the bailiffs during this time, then after September 26, 2021 it will expire. Moreover, the owner of the car not only can not pay for it, he does not have the right to do so (according to the text of Article 31.9 of the Code of Administrative Offences, “not subject to execution”). But if it was handed over to the bailiffs, then the fine does not expire, and the owner will have to pay it for the rest of his life (and then the fine goes to his heirs).

You can check whether the fine was handed over to the bailiffs or not on the website of the FSSP of the Russian Federation using the resolution number. However, it should be borne in mind that there were cases when the fine did not “make its way” through the database at the moment, and the question is whether the database is late with the data or the fine was transferred retroactively (enforcement proceedings were initiated retroactively), open .

What are the exceptions to the two-year expiration of traffic fines?

There are subtleties in which such a two-year period, when fines expire, is extended. There are only two such nuances: the fine can be spread out or deferred by an official or a judge (Part 3 of Article 31.9 of the Administrative Code) for periods of no more than a month for deferment (Part 1 of Article 31.5 of the Code of Administrative Offenses) and no more than 3 months for installments (Part. 2 Article 31.5 Code of Administrative Offences).

What is “enforcement”

Despite the fact that after some time the traffic police fine is canceled, if it is not paid, the case is transferred to the Federal Executive Service. In this case, forced collection of funds is assumed. Proceedings begin at the end of the two months allotted by law. In general, the whole process is divided into two stages:

1. Transfer of the resolution to the Federal Executive Service.
2. Forced seizure and subsequent sale of property belonging to the defaulter.

There is no need to clarify how long it takes for traffic police fines to be written off if the debt was transferred to the FSSP for execution, since the period of 2 years does not apply to it. There is no statute of limitations at all for penalties that a person deliberately evades.

When is it not necessary to pay traffic police fines?

The decision to impose penalties expires on the day the limitation period expires. This is 2 years, which must pass from the date of entry into force of the adopted decision. The violator is given 10 days during which he has the right to challenge the penalties in the traffic police or in court. If no complaints or claims are received from the citizen, then the statute of limitations begins to count. This provision is regulated by the federal Code of Administrative Offenses in Article 31.9 (Part I).

The same article of the Code (Part II) indicates that the statute of limitations increases if enforcement proceedings are initiated by the Federal Bailiff Service against a citizen who has not paid the fine on time. They begin to actively search for the debtor at his place of registration or work. They are looking not only for the citizen, but also for his accounts. Bailiffs have the right to write off penalties from a salary card, deposit or savings account. If the debtor evades payment of the penalty, the statute of limitations is interrupted. Renewed if the debtor's property or himself is found. This article determines that the statute of limitations is increased by the time of deferment or installment of the fine.

Examples of calculating the statute of limitations for traffic police fines

Example 1. Citizen P.R. Nalivaikin was issued a fine for an administrative offense (violation of the rules for operating a vehicle). The resolution was issued on September 15, 2015. The statute of limitations expires on September 25, 2017 (09/15/2015 + 2 years 10 days). If the fine is not repaid during this time, the citizen is exempt from payment.

Example 2. Citizen Nikanorova N.S. received a resolution by mail regarding an administrative fine (violation of parking rules). The resolution indicates the date of its execution: June 13, 2016. The addressee did not appeal the penalty. After 80 days, the case was transferred to the bailiffs, who began enforcement proceedings on November 15, 2016. A month later, FSSP officers found citizen Nikanorova at her place of registration. She is on parental leave to care for a child up to 3 years old; she had no permanent income, deposits, or valuable property. It was impossible to collect penalties at that time, but the statute of limitations for the fine began to be calculated from the moment the violator was discovered, i.e. from 12/15/2016

In what cases will you still have to pay a fine?

There is no need to find out how long it takes for traffic police fines received after deprivation of rights to expire. This often happens when the driver was detained while intoxicated. The decision in this case is made by the court, and the certificate can be returned only after the debt has been fully repaid.

It is important to know! The statute of limitations also does not apply to fines that were overdue and transferred to the enforcement service. Bailiffs do not even have the concept of “nullification of debt” after a certain time.

When bailiffs close bad debts

Sometimes it is possible to eliminate debt without repaying it if there are grounds. The bailiffs' debt is written off because it is hopeless. Before this, government officials carry out a set of enforcement actions, searching for an official place of work, property (cars, valuables, savings, shares).

The hopelessness of repaying obligations is characterized by certain criteria:

1. The borrower does not take the initiative to resolve the conflict.
2. The defendant has no official employment, business, or regular income.
3. As a result of the search for property, it was not possible to find suitable objects for sale.
4. The defendant does not have bank accounts through which transactions are carried out.
5. The debtor committed fraudulent acts that resulted in criminal liability.
6. The bailiff issued a decision to complete the enforcement proceedings due to the impossibility of complying with the court order.

Responsibility for failure to meet deadlines

Once you find out how long it takes for unpaid traffic fines to expire, you should hurry to fulfill all your obligations. Otherwise, failure to meet deadlines will have unpleasant consequences. Any offense implies liability.

If a citizen has not contributed the money required by the fine to the regional budget, then a more serious punishment is expected:

1. Double the original amount.
2. Deprivation of rights if the amount of collection is more than 1000 rubles.
3. Arrest for 15 days.
4. Involvement in compulsory work for up to 120 hours.
5. Commencement of enforcement proceedings with forced collection.

Before the fine is reset, the violator has a long way to go, which involves receiving many letters demanding repayment of the debt. Bailiffs also use other methods of forced collection permitted by law, for example, confiscation of valuables for the required amount.

Even if you find out after what time traffic police fines are cancelled, you should not avoid the obligation to timely contribute funds to the regional budget. It is almost impossible to last 2 years without being brought to more serious liability. Therefore, to save money, it is most profitable to deposit money in the first 20 days after receiving the receipt - in this case, a discount of 50% is offered.

How long does it take to voluntarily repay the debt?

After the decision on an administrative offense comes into force, the driver has exactly 60 days to pay the fine. Moreover, if a citizen does not pay the debt within the specified period, his case is transferred to the Federal Bailiff Service (FSSP) for forced collection.

Please note that after the expiration of the 60-day period, the court or official may additionally hold the violator accountable for evasion under Article 20.25 of the Code of Administrative Offenses. Methods of punishment are the imposition of a double fine, arrest (for 15 days) or forced labor (up to 50 hours). The imposition of a fine occurs in the standard way - a resolution is handed to the violator, the person is given 10 days to appeal, in case of non-payment, the case is transferred to the FSSP, and so on. The initial fine is also payable.

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