Where to file a complaint to challenge a traffic police fine from a camera

Digital technologies are conquering an increasing number of areas of human life, and the field of road safety is no exception. After all, technical means can detect violations of rules more accurately than the human eye, but, nevertheless, failures occur here, so every driver should know how to challenge a traffic police fine from a camera.

In what cases will a complaint about errors in video recording tools be successful and how to file it correctly will be outlined in the following sections of this article.

What offenses are recorded by cameras?

Such offenses will be:

driving a car into the lane of oncoming traffic (part 4 of article 12.15 of the Code of Administrative Offenses of the Russian Federation);
entry onto tram tracks of oncoming traffic (part 4 of article 12.15 of the Code of Administrative Offenses of the Russian Federation);
driving on a one-way road in the oncoming lane (part 3 of article 12.16 of the Code of Administrative Offenses of the Russian Federation);
non-payment of fees in the Platon system (part 1 of article 12.21.3 of the Code of Administrative Offenses of the Russian Federation);
if the driver and his passengers are not wearing a seat belt, and the motorcyclist is riding without a helmet or with an unfastened helmet (Article 12.6 of the Code of Administrative Offenses of the Russian Federation);
if the driver allows the speed limit to be exceeded in this section (Article 12.9 of the Code of Administrative Offenses of the Russian Federation);
for driving through a red light or when prohibited by a traffic controller, as well as crossing the stop line when there is a prohibiting signal from a traffic controller or traffic light (Article 12.12 of the Code of Administrative Offenses of the Russian Federation).
creating obstacles at an intersection (Article 12.13 of the Code of Administrative Offenses of the Russian Federation);
movement along the lane allocated for buses, trolleybuses and minibuses (part 1.1 of article 12.17 of the Code of Administrative Offenses of the Russian Federation), etc.

This list is gradually expanding.

“The resolution usually contains the geographic coordinates of the location of the violation, according to which it is necessary to establish which particular area this video recording complex belongs to,” says Lev Voropaev. “It goes without saying that when traveling intercity, if you receive a fine from another region, you need to complain to the district court in the corresponding region, and not at the driver’s place of registration.”

You can determine an address by coordinates, for example, using the Google.Maps service, and calculate the area by address using one of the online services (for example).

How long must the traffic police and the courts respond to an official complaint?

“They are given 10 days, and although there are delays, in general, recently a two-week response period including postage can be considered realistic,” says the expert. – The courts are required to consider the complaint within two months. Therefore, in general, it is wiser to first write a complaint to the traffic police, which, firstly, is faster, and secondly, allows you not to lose authority, because after a negative response from the court, you will no longer be able to write a complaint to the traffic police - only to a higher authority.”

Complaint form

There are no strict requirements for the complaint form, and relevant examples are usually posted in reception courts and the traffic police department. The complaint must indicate the department, name and position of the person to whom it is addressed; your name and contact information; information about the decision (by whom and when issued, number); your requests - cancellation, re-qualification, mitigation of punishment.

At the same time, Lev Voropaev notes that as such, it is not necessary to provide arguments in favor of your innocence in the complaint - the main thing is to accurately indicate the resolution with which you do not agree, and attach a copy of the resolution itself. In any case, the case must be studied in full, and your remarks and arguments, if you have provided them, will become only a starting point for analyzing the situation. Although, of course, they will simplify paperwork and increase the chances of a positive outcome.

Example of a complaint

To the head of the State Traffic Safety Inspectorate of the Ministry of Internal Affairs for […] region/city Sergeev Sergey Sergeevich from Ivanov I.I., residing at […]

COMPLAINT against a decision in a case of an administrative offense

On July 1, 2021, I received a resolution in the case of an administrative violation recorded by a video recording complex, according to which I am held accountable in the form of a fine of 1000 rubles in accordance with Part 1 of Art. 12.12 Code of Administrative Offenses for driving through a prohibiting traffic light signal. I consider the imposition of this penalty on me to be unlawful for the reasons stated below.

On June 16, 2021, at the intersection of Lenin Street and Griboyedov Street, traffic control was carried out by a traffic police officer (traffic controller). According to clause 6.15 of the Traffic Regulations of the Russian Federation, the driver is obliged to comply with the requirements and signals of the traffic controller, even if they contradict the traffic light signals. I passed the intersection at the prohibitory traffic light signal in the forward direction, but at that moment the traffic controller was positioned on my left side with his arms outstretched - according to clause 6.10 of the Russian Traffic Regulations, this signal allows passage of the intersection in the forward direction.

Based on the aforesaid and guided by Article. Art. 30.1, 30.2, 30.3 of the Code of Administrative Offenses of the Russian Federation, I ask you to cancel the decision on an administrative violation (details of the decision: by whom, when issued, number).

I am attaching to this complaint a copy of the resolution, as well as a link to a video recording from a complex of video recordings of violations (you can also attach other documents, petitions, photographs, diagrams, and so on).

Date and signature

What will be the answer

The answer will either be a decision to cancel the decision in the case of an administrative offense, or leave it in force. However, in case of refusal, you still have the opportunity to submit complaints to higher authorities within ten days. The period of 60 days that is given to pay the fine will begin to count 10 days after the refusal (if any) from the final authority - usually a regional (regional) court.

Why do conflict situations arise when recording photos and video cameras?

Two aspects will be important here: failures of a technical device (for example, a blurred image will lead to incorrect recognition of the license plate) or errors by an employee of the CAPAF unit included in the traffic police system. CAPAF stands for Center for Automatic Recording of Administrative Offences.

The chain of actions for automatic fixation is as follows. The technical device, having captured a violation of traffic rules, sends a photo or video to the CAPAF server. In automatic mode, the corresponding computer program finds the license plates of the car in the image to search for the owner’s car in the traffic police database. A resolution on bringing to administrative liability will also be drawn up automatically.

The next step is where the human factor comes into play. The operator begins rechecking the program data: firstly, it checks whether the car number is readable in the picture; secondly, the image in the photo or video is compared with the description of the car passing through the database under a recognized license plate.

Then, if everything is correct, the resolution is submitted for signature to a traffic police officer who has the right to bring to administrative responsibility. After signing, the records management service will send a “penalty” registered letter to the culprit of the traffic violation.

How to challenge a fine for speeding while stopped by a traffic police inspector?

Exceeding the established speed of a vehicle by more than 60 km/h entails an administrative fine in the amount of 2,000 to 2,500 rubles or deprivation of the right to drive vehicles for a period of four to six months.

Very often we are approached by motorists who have been misled by traffic police inspectors. People come and assure us that they were driving at high speed, but the speed did not exceed the limit for which a driver’s license will be revoked. Our research into the protocols and the area where the excess was recorded often leads us to the same conclusion. “Gentlemen, I won’t argue with the instruments and inspectors, but only Schumacher or his brother can show such speed in a turn,” this is how one of our clients commented on his dissatisfaction. But how can you prove that you are right when your documents have already been sent to court by determination of the head of the traffic police department and we are talking about deprivation of your driver’s license?

As a rule, inspectors indicate in the protocols that “the speed was recorded by a measuring device.” In accordance with the provisions of Art. 26.8 of the Code of Administrative Offenses of the Russian Federation, special technical means are understood as measuring instruments approved in the prescribed manner as measuring instruments, having appropriate certificates and having passed metrological verification.

Don’t forget: if an inspector claims that you violated traffic rules, then you can always disagree with him and question his arguments. If a traffic police inspector shows you a radar display and the speed is indicated on it, do not rush to agree, because you are not alone on the road. It is quite possible that the speed recorded on the device is not yours, but that of the car that was driving in front of you. Moreover, it is possible that the speed indicated on the device is not at all. The fact is that there are devices with a display that alternately display information about the speed, the time that has passed since it was determined, and the maximum permissible speed value for a given section of the road. And sometimes inspectors themselves cannot understand their equipment, and drivers become victims.

There are a number of reasons why radar readings can be considered unreliable. For example, an inspector measured the speed of your car through the glass of his car or a stationary traffic police station. Such actions could introduce errors in the speed measurement by the device. You have the right to demand that the inspector record his actions (measured speed of the car, distance to the car at the time the speed was determined), as this may affect the consideration of the case. If the inspector refuses to enter data about his actions into the protocol, then this document cannot serve as evidence in the case of an administrative offense. Such a protocol simply does not meet the requirements of Art. 26.8 of the Code of Administrative Offenses of the Russian Federation and methodological recommendations for organizing the activities of internal affairs bodies in proceedings in cases of administrative offenses in the field of road traffic.

Perhaps the most objective is special equipment with a digital image, which records both the speed and the vehicle on the monitor and records the offense in real time. But even in this situation you can prove your innocence. If areas with different permissible speeds fall within the coverage area of the measuring device, then the traffic police inspector must prove that this is the speed of your car and that it was measured in an area with a lower permissible speed.

There is also a possibility that the device will not cope with its task and will detect a car on which it is impossible to see the registration plate. Such recording of an offense by a traffic police inspector also cannot be evidence in a case of an administrative offense.

We hope that our information will help you not to get confused on the road when stopped by an inspector and you will be able to correctly build your defense position.

What kind of footage will serve as evidence of the driver’s guilt?

It is worth mentioning here that if there is no sign of video recording or photography, this, like program or operator errors, will provide an opportunity to challenge the decision, but is not a definite reason for its cancellation. On this matter, lawyers express different opinions and in some cases an appeal on this circumstance may be refused.

And it’s definitely worth debunking the myth that exists among drivers about cameras hidden in traffic lights. Such placement is not provided for either by GOST R 57144-2016 and R 57145-2016, or by GOST R 52282-2004 (for the design of traffic lights).

But recording on a mobile phone or tablet camera, or on a car video recorder in some cases (for example, when driving in a lane allocated for buses or when creating obstacles to traffic at an intersection) may well replace the recording of special road photos and video cameras. This will already be left to the discretion of the traffic police officer considering the case of an administrative offense.

In order for the inspector to accept a photograph or video recording of an unauthorized person as evidence, it is necessary to submit an application (either in writing to the nearest traffic police department, or online through the Gosuslugi portal. The applicant must provide a video from which it is possible to accurately determine the coordinates of the violation, as well as the time when the filming was made. But, according to the requirements of the Code of Administrative Offences, this photo or video recording cannot be the main evidence of the offender’s guilt, it can only be considered as an appendix to the application and along with witness testimony.

Those. private photography, at the moment, is inferior in importance to recording using special means. Although now voices are increasingly heard about the need to place private filming and recording of special equipment at one level in the hierarchy of evidence of the driver’s guilt. A draft of corresponding amendments to the regulatory framework is even being prepared, but its adoption is being hampered by opponents who quite rightly note that there will be many conflict situations involving unlawful prosecution.

IMPORTANT !!! By the way, many of the tricks of motorists, such as, for example, a special spray or an infrared lamp, are not a hindrance to the latest means of fixation. And a mesh or sticking over part of the license plate will also bring the car owner a fine for an illegible license plate.

Everything about appealing a traffic police fine from a camera in 2021

There are situations when motorists receive fines for violations that they did not commit. This happens because sometimes traffic police cameras make mistakes. In such a situation, the received fine can be appealed. This raises the question of how to properly appeal a traffic police fine from a camera.

Fine

Before answering this question, it is important to clarify whether all traffic police fines can be appealed. If the driver believes that he did not commit a violation and can prove his innocence, it makes sense to appeal such a fine. If there is no evidence of innocence, then you cannot count on the cancellation of the fine.

An appeal can be made in a number of cases. One of them is an error in license plate recognition. In this case, the resulting photograph shows another vehicle. Another possible situation is that the car was being driven by another person. In this case, compulsory motor liability insurance, in which two or more drivers are registered, can act as evidence. Also, as evidence in such a situation, a power of attorney to drive a vehicle, a lease agreement, etc. can be used.

You can also appeal a fine resulting from a violation that could not have been committed due to the motorist being in another place. In this case, you will need to provide an extract from the hospital, train or plane tickets, etc. Another possible situation is that the car was sold, which means that its new owner was already driving at the time the offense was committed. This can be confirmed by the purchase and sale agreement.

You can appeal the fine even if the car is not at all capable of reaching the speed specified in the decision. This must be confirmed by technical documentation. If a motorist receives two fines for committing the same offense, this is also a reason to appeal one of the fines.

Documents and witness statements can serve as evidence of the driver’s innocence.

In order to appeal a fine received, you can contact the traffic police department directly, whose officer issued the decision. Another option is to appeal the fine in the district court where the offense was recorded. This is stated in Part 3 of Art. 28.6, part 1 art. 29.5, clause 3, part 1, art. 30.1 of the Code of Administrative Offenses of the Russian Federation, as well as paragraph 30 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 24, 2005 No. 5.

Article 30.1 of the Code of Administrative Offenses of the Russian Federation

It is important to take into account that contacting the traffic police is not an obstacle to going to court, while going to court will not allow you to subsequently file a complaint with the traffic police.

How to properly appeal a traffic police fine in 2021? In order to complete this procedure, the driver has 10 days from the moment the decision was received. After this period expires, the resolution will come into force.

If the allotted period is missed, it can be restored. To do this, you will need to contact the traffic police department at the place where the offense was committed and submit a corresponding application. The application must provide valid reasons that became an obstacle to appealing the fine within the allotted time. It is mandatory to attach evidence that confirms the stated reason.

To appeal a fine, you will need to properly draft a complaint. It is written in free form, but must contain some mandatory information. This includes contact information of the sender and recipient, last name, first name and patronymic, position. When sending a complaint to the district court, it is also necessary to indicate the name and address of the court. The title of the document is also mandatory - “Complaint against a decision in a case of an administrative offense.”

Also, the complaint must necessarily include a descriptive part, in which it is necessary to indicate the number of the decision, the date of its issuance, last name, first name and patronymic, and the position of the person who issued it. The article of the Code of Administrative Offenses under which the resolution was issued and the amount of the fine imposed should also be indicated here.

Next, you should give reasons why this fine is considered unlawful. Also mandatory is the part in which it is necessary to state a request regarding the cancellation of the imposed punishment and termination of the proceedings. After this, a list of documents is indicated that are attached to the case and serve as evidence of the driver’s non-involvement in the offense. The signature and date of the complaint are also placed here.

After the complaint is completed, it must be sent to the district court or the traffic police (inspector or head of the department) at the place of the offense.

Sample complaint

Another important question: how to send a completed complaint? You can do this in one of two ways. The first option is to send by mail with a notification letter. In this case, you will need to keep the postal receipt. He will be the one who will be able to confirm that the complaint was actually sent. The second option is a personal visit to the traffic police or court. In this case, the complaint must be submitted in two copies. One of the copies will remain under consideration, the second, after the secretary puts a date on it and signed receipt, the driver must take it for himself.

If you are appealing fines from a camera for illegal parking, then there is another option - filing a complaint online on the Mos ru and Avtokod ru websites.

From September 1, 2021, motorists will have the opportunity to appeal traffic police fines from a camera on the State Services website. This will require an electronic signature. It is received by an individual without payment.

Public services

How long does it take to consider a submitted complaint? The period for consideration of a complaint depends on where exactly and how it was sent. If the complaint was filed with the traffic police, then 10 days are allotted for its consideration. The court's consideration of the complaint may take up to two months. A complaint submitted online is considered within 30 days.

The start of the countdown of these deadlines is the date when a traffic police or court officer puts his signature on the notice or a copy of the complaint, thereby confirming its receipt.

After the expiration of the specified period, the driver receives a response, which may contain one of the following wordings: “a resolution on, “the case was terminated due to the expiration of the statute of limitations.”

After the complaint is considered, the motorist may be refused. This can happen in cases where there is no evidence to prove the motorist's innocence. This can also happen if the evidence and arguments presented are considered unfounded.

The complaint is satisfied when the camera is not provided for by the relevant documents regulating traffic, and also if the camera does not meet current standards. The complaint will be satisfied even when there is no specific indication of what kind of violation was committed. Another possible option is the absence of an electronic signature of a traffic police official. Also, the satisfaction of a complaint may occur in the case when a fine comes to a new car owner who recently purchased a car.

Traffic cameras

No less important is the issue of the costs of appealing the fine. According to the provisions of Article 24.7. Code of Administrative Offenses of the Russian Federation “Costs in the case of an administrative offense”, such costs consist of amounts paid to witnesses, victims and their legal representatives, witnesses, specialists, experts and translators, including amounts paid to cover travel costs, rental of living quarters and additional expenses that are associated with living outside the place of permanent residence. Such costs also include amounts required for dismantling, storage, transportation (shipment) and examination of material evidence, the instrument of commission or the subject of an administrative offense.

All costs in such a case in accordance with Part 2 of Article 24.7. The Code of Administrative Offenses of the Russian Federation is attributed to the federal budget. Thus, the cost structure does not include the cost of a lawyer’s services.

In the event that a person is refused to be brought to administrative responsibility, and his complaint against the decision is satisfied, then such a person suffers harm associated with the costs of remunerating the person who provided legal assistance. Such expenses, in accordance with Articles 15, 1069, 1070 of the Civil Code of the Russian Federation, can be recovered in favor of this person from the funds of the relevant treasury, that is, the treasury of the Russian Federation. (Decision of the Supreme Court of the Russian Federation dated August 14, 2018 No. 11-КГ18-18 (Judicial Collegium for Civil Cases).

As for the cost of legal services for this category of cases, for Moscow it starts from 5 thousand rubles. The final cost is determined in an agreement with the principal. Its value depends on the volume of services provided.

If it was not possible to appeal the decision to the traffic police, the complaint can be forwarded to the district court at the place where the offense was committed. If the refusal comes from the district court, you can appeal to a higher court. The final authority is the Supreme Court of the Russian Federation.

Supreme Court of the Russian Federation

Refusal, as a rule, turns out to be due to the fact that the evidence provided is not sufficient. This should be taken into account when forwarding a complaint to a higher authority. In order not to be refused again, it is necessary to support the submitted complaint with more convincing evidence.

If you fail to appeal the fine, you must pay it. If this does not happen, after 70 days from the date of the decision, the amount of the fine will be doubled. If the debt for fines exceeds 10 thousand rubles, sanctions may follow from bailiffs. This could be a ban on traveling abroad, suspension of a driver’s license, seizure of bank accounts and other unpleasant consequences.

What is the deadline for filing a complaint against a decision of a traffic police officer?

The right to judicial appeal of actions and decisions of state bodies and local self-government bodies (Part 2 of Article 46 of the Constitution of the Russian Federation) enshrined at the constitutional level will work in this case as well.

But, having decided to appeal, it is worth remembering to comply with the deadlines for filing it. This period is ten days (Article 30.3 of the Code of Administrative Offenses of the Russian Federation). Its course begins differently, depending on whether the decision to prosecute arrived by mail or was handed in person. In case of personal service, the period for filing a complaint begins on the day following the day of delivery of a copy of the decision.

Upon receipt of a registered letter with a decision, the period for appeal will begin from the next day after receipt of the correspondence.

Missing the deadline will deprive the driver of the right to appeal against administrative liability. But there is the possibility of filing for restoration of the period for appealing the petition. This may be due to being treated in a hospital or on a business trip to another region. The judge will consider a certificate of incapacity for work or a travel order as evidence of a valid missed deadline for appeal.

ATTENTION !!! Submitting a complaint interrupts the period given for the entry into force of the decision to impose a fine. If within 10 days the driver does not take action to challenge the decision, then he is considered to be brought to administrative responsibility.

Article 32.2 of the Code of Administrative Offenses of the Russian Federation allows 60 days to pay a fine. Payment can be made through the online banking service of the issuer of your existing credit card, through State Services, or in person through Sberbank branches. It should be remembered that when paying in the first twenty days, the fine is halved.

Enforcement proceedings in case of non-payment of a fine will begin on the seventieth day from the date of entry into force of the resolution. The bailiffs will begin the procedure for collecting the fine. The offender is obliged in this case to either pay double the fine or serve 50 hours of community service. At the same time, if the debt on fines amounts to more than ten thousand rubles, the violator will be temporarily limited in the right to leave the territory of the Russian Federation, even for a short period.

Actions on the writ of execution can be carried out within two years.

What to do if the court did not cancel the decision

The camera recorded, for example, driving into the oncoming lane, and this is not the first such violation by the driver - the case will most likely be taken to court. If the offender does not appear in court, the case will be considered without him and, most likely, not in his favor. If you show up and provide evidence of innocence, such as a dash cam recording, the case can be closed. But more often the courts impose a punishment - we tell you how to challenge it.

Appeal to a higher court. The court decision can be appealed within 10 days from the date of the decision. If the court refused to appeal, for example, did not consider the evidence significant, the citizen will receive a written refusal to suspend the administrative case. He has the right to appeal this decision.

Complaints against court decisions are heard in a higher court. For example, if a decision was made in a district court, all materials are sent to the city court, then to the regional or regional court, and so on - to the Supreme Court. The judge who issued the refusal order must submit the complaint to a higher court within three days.

Wait for a new review. The trial judge has three days to transfer the case with all the materials to a higher court. The court of the next instance has 2 months to consider the case. The citizen will be invited to a new hearing by summons - his appearance will be taken into account. This means that if a citizen does not appear, this will be an aggravating factor when making a decision. At this point, the driver can collect additional evidence of his innocence. For example, add witness statements, a certificate from the employer and business trip tickets to the registrar's record.

Get the result. By law, the judge is required to make one of the following decisions on the complaint:

do not change anything, do not satisfy the complaint;
change the decision of the previous court, for example, issue a fine instead of deprivation of rights;
cancel the decision of the previous court, close the case, cancel the driver’s punishment;
reverse the decision and return the case to the previous court;
transfer the case to another lower court if, during the consideration, it turns out to be incompetent to make such decisions.

If the result is not satisfactory, the citizen has the right to file a complaint with the courts of the following instances, up to the Supreme Court. It is better to seek help from a lawyer first.

In what cases will appealing a decision bring a positive result to the driver?

Such situations include the following:

when imposing a penalty for speeding, if the car, due to its technical characteristics, could not reach such a speed;
a fuzzy photo in which it is difficult to make out the license plate and a mistake was made;
the letter with the decision was sent to the person in question by mistake;
the vehicle was driven by another person;
when leaving the stop line, if it is not visible, let’s say it was hidden under the snow rolled by cars;
when several decisions are made to impose a fine on the same case of non-compliance with traffic rules;
absence of a parking prohibition sign at the place where the photo or video was taken;
entering a lane for public transport behind a dedicated line, if it cannot be distinguished under a layer of dirt or in another case.

In what cases is a fine subject to appeal?

Let's consider cases when the driver has a chance to cancel the fine.

The driver was not at the scene of the violation. For example, an engineer works for a mobile operator company. He receives a fine for speeding in the city center, but at that time he was outside the city and repairing the antenna on a cell tower there.

In this and similar cases, innocence will be proven by:

DVR recording;
waybill or documented assignment;
travel certificate;
train or plane tickets;
printout of hotel reservation.

Attach a copy of all necessary documents to the complaint. Submit the recording from the recorder on a flash drive or disk.

There was no sign or markings visible. The inspector is obliged to take into account the condition of the road infrastructure - the visibility of signs, markings, traffic lights and curbs. Video recording from a video recorder will help you appeal an incorrect decision.

The camera or the traffic police officer made a mistake. Is it possible. In the article about appealing fines from the traffic police, MADI or AMPP, we wrote that some camera models can erroneously measure speed.

If there is a large flow of violations, the traffic police officer may miss the camera error and confirm the violation when checking photo and video materials.

The maneuver was forced. It happens that the driver is forced to violate the law - for example, he is driving around a utility accident. The record from the registrar, as well as a certificate from the city services eliminating the accident, will help to prove the fact of the accident.

What information must be included in the appeal application?

The contents of the appeal statement will be:

name of the unit and full name inspector;
applicant's contact details;
details of the resolution;
circumstances under which it is necessary to cancel the decision to impose a fine with reference to supporting documents and, if available, to the relevant articles of regulatory documents;
the very requirement to recognize the resolution as invalid;
date of filing and handwritten signature;
attachments: copies of the decision, photographs, expert opinions, and other documents referred to by the applicant to confirm his case.

The positive outcome of the case depends on how well-reasoned the demand for canceling the decision to collect a fine is presented.

If you just don't pay...

The most common mistake that unfairly or erroneously fined drivers make is ignoring the fine. The fact is that the car owner has 60 days to pay the fine (Administrative Code, Article 32.2). During this period, you must either pay a fine or protest it within 10 days from the date of receipt of the decision (Administrative Code, Article 30.3).

If neither one nor the other is done within these 10 days, TsAFAP draws up a second resolution and sends it to the bailiffs for execution. In this case, the amount of the fine is doubled or replaced with 50 hours of compulsory labor (Administrative Code Article 20, Part 1), and if the amount of the first fine exceeds 10,000 rubles, then you will be additionally restricted from leaving the country (Federal Law No. 229, Art. 67).

Therefore, under no circumstances should you leave an unpaid fine unattended - this is fraught with more severe penalties. Challenging a fine will require you to understand and comply with a number of bureaucratic procedures if you expect a positive outcome of the dispute.

How to file an appeal?

There are three options for filing a complaint with the traffic police:

Personally. In this case, it is necessary to draw up an application in two copies. This is necessary so that the registration number of the incoming correspondence and the date of receipt of the application are also marked on the copy that remains with the violator. After all, it is from this day that the ten-day period allotted for consideration of the appeal will begin.

Send the application by registered mail with notification.

Through a special section on the traffic police portal. To confirm the content of the complaint, high-quality photographs or scans of documentation are attached.

As for the statement of claim, it is submitted according to the rules of jurisdiction to the judicial body that is competent to consider these cases. As a rule, a claim is filed at the location of the relevant traffic police department. The content of the statement of claim will, in general, be similar to the complaint to the traffic police.

How to properly file a complaint

Where to file a complaint. You must file a complaint with the traffic police - addressed to the head of the department whose employee made the decision. The contact details of the department are on the resolution.

What to write in a complaint. The complaint must indicate:

position and name of the head of the traffic police department;
applicant's passport details and telephone number;
the essence of the complaint - the circumstances and arguments for reversing the decision;
list of attached documents - copies of the resolution and documents for the car.

Sample complaint. , change the data and send it to the traffic police.

This is a complaint about a fine from a camera. TsAFAP is a center for processing photo and video recordings from traffic cameras

What are the fines for using a video camera?

These fines are not so few:

speeding (2 or more km per hour);
stopping in the wrong place;
violation of parking rules;
traffic disruption at intersections;
violation of traffic through a pedestrian crossing;
driving into the oncoming lane;
driving without seat belts;
crossing stop lines and dividing strips.

A sensitive device instantly detects the violation and transmits the photo to the data processing center. The violator is found based on his license plate number and a decision is made to bring him to administrative responsibility. Theoretically, such a system should work flawlessly. But in practice, failures happen with enviable regularity. The state is not trying to take measures to correct the situation, because fines are an inexhaustible source of replenishing budgets at all levels. And given the domestic appeal system, it is quite difficult to get such fines canceled.

Motorists would rather refuse to fight for their rights and pay than want to spend months seeking the truth. This is what this whole “wedding” is actually designed for. Meanwhile, not everyone has this point of view, and many drivers are ready to defend their rights.

How to appeal a cell fine

There are also some peculiarities when appealing fines collected on the basis of camera images. Here is how a decision is made for this category of violations:

information from cameras is transmitted automatically to the unified information center of the Ministry of Internal Affairs or its regional divisions;
the received data is processed manually or using software;
if an identified violation is punishable by deprivation of rights, a protocol must be drawn up, and the materials are sent to the court for consideration;
if the sanction under the Code of Administrative Offenses of the Russian Federation is only a fine, officials of the Ministry of Internal Affairs may immediately issue a resolution;
The resolution is accompanied by a photograph showing the moment of the traffic violation (if the notice of the fine is received via electronic services, there will be a link to the photograph).

Note!
The resolution with a fine in the cell must be sent to the offender, i.e. owner. At the same time, information about the imposed sanctions is reflected in the traffic police database. In practice, you can quickly find out about a fine from the register, since decisions are sent with delays or to the wrong addresses.

Due to these features, the owner of the car does not receive notice of the time and place of the consideration of the case. Moreover, it is much more difficult to take advantage of a 50% discount when paying within 20 days, since you may not receive a resolution at all within this period. Problems automatically arise with appeals.