What is the penalty for violating the speed limit - what is the liability for speeding?

Table of contents

• What is the fine?
• How much can you exceed
• Speed ​​on different roads
• How is excess recorded?
• Features of fines from cameras
• Punishment for repeat violations
• How to check fines
• How to pay
• How to appeal
• Liability for non-payment

What is the fine for speeding in 2021?

Fines for speeding in 2021 remain the same as before. They are listed in Article 12.9 of the Administrative Code. Most fines are legally subject to a 50% discount if paid within the first 20 days.

Here is a complete table of fines for speeding:

New speed fines may appear before the end of 2021 - read more about this in the article about new traffic police fines.

Cancellation of 20 km/h – latest news 2021

So, as of today, May 30, 2021, the traffic police fine for speeding is issued starting from a value of over 20 kilometers per hour above the permissible speed.

Despite a large number of initiatives and discussions about lowering the non-fined threshold for speed violations, including from the New Year, the new law has not come into force. And this will not happen in the very near future. That is, today there is no fine for exceeding 10 km/h.

It is easy to officially verify this information:

1. Part 1 of Article 12.9 of the Code of Administrative Offenses, which specifically provided for a fine for 10 km per hour, according to the Consultant Plus database, has now been declared invalid in accordance with Federal Law No. 196; and in this article itself, fines begin for speeds over 20 km/h;
2. absolutely identical information on the Garant portal;
3. You will not find a single Federal Law that has entered into force introducing amendments to the Administrative Code on the official website of legal information, but here such legislative acts must be published without fail.

Update as of May 21, 2020: Information is being actively disseminated online that in May 2021, a new law on the abolition of non-fine excess will come into force. This is also not true, and the question about from what date the speed limit will be changed is not correct in its essence, because, as we have already indicated above, there is no bill, and there is simply nothing to enter into legal force at the moment.

Thus, any information about reducing the permissible speed without penalty by 10 km/h and canceling 20 km/h, if you find it on the Internet, is a myth.

But let’s talk about the last point in more detail, because there were still initiatives to change the legislation.

How much can you exceed the speed limit without a fine?

According to the law, a driver is fined only if he exceeds the speed by more than 20 km/h. This is a non-penalized speed limit. For example, the standard speed limit in the city is 60 km/h, and the driver accelerated to 80 km/h - there will be no fine. If he drives 81 km/h or faster, he will most likely be fined.

It turns out that in the city you can exceed the speed of up to 80 km/h, outside the city - up to 110, on the highway - up to 130, in a residential area - up to 40 km/h. There is no penalty for this.

We do not recommend exceeding the speed limit. A fine is not the only possible consequence. In the event of an accident, a driver who exceeded the speed limit by even 1 km/h will automatically be considered at fault.

Revocation of license for speeding

Only a court can make a decision on deprivation of rights. Thus, if a driver faces the threat of being left without a driver’s license, he has the opportunity to resolve this issue with traffic police officers, either directly on the spot or later at the department. Traffic police officers are authorized to either issue a decree imposing a fine or refer the case to court.

The practice has developed that with conflict-free communication, drivers are issued an appropriate fine and do not go to trial.

Speed ​​limits on Russian roads

In a populated area. The standard limit in cities, towns and villages is 60 km/h. Sometimes in cities there are sections with a higher speed limit - for example, on a bridge without pedestrians. In such cases, there is usually a sign - a number in a red circle.

Outside the populated area. As a rule, the maximum speed on roads outside the city is 90 km/h. In some areas it can be higher, up to 110 km/h.

On the motorway. The maximum speed on the highway is 110 km/h. This type of road is indicated by a special green sign with two transverse lines.

In a residential area. In courtyards, near residential buildings and in bicycle zones, speeds of more than 20 km/h are prohibited. This rule applies to all types of transport.

If there is a speed limit sign. In this case, the driver is guided by the number on the sign. If a road outside the city is undergoing repairs and the limit is set at 40 km/h, you cannot drive faster. A speed of 60 km/h will already be considered excessive, and a fine is possible for it.

The speed limit sign ceases to be valid after:

• “End of restrictions” sign - a white circle with a slash;
• the end of the coverage area. Under the sign there is a sign with an arrow, for example “100 m”;
• settlement sign. It has a speed of 60 km/h;
• intersection.

The residential zone sign sets the minimum possible limit - 20 km/h, and the "Motorway" - the maximum, up to 110 km/h

A sign with a red circle limits the speed, and its crossed out version cancels the limit

How and how is speeding exceeded?

The equipment used by State Traffic Inspectorate employees to determine the speed of vehicles has long been well known: mobile or stationary radars.

The operation of the devices is based on the Doppler effect - a change in the frequency of electromagnetic waves reflected from a moving object. The radar emits waves of a reference frequency, receives a signal reflected from a moving car, records the frequency of the received signal, compares it with the reference frequency and, after simple processing, the speed of the car is calculated.

With the development of computer technology, the technical capabilities of traffic control have expanded immeasurably. Modern means of photo and video recording (both connected to radar and autonomous) allow you to automatically (without human intervention) determine not only the speed of the car, but also many other parameters characterizing the road situation:

• the nature of traffic lights (prohibitory, warning, permissive);
• violation of marking rules (driving beyond the stop line, into the oncoming lane, the side of the road, entering bicycle paths, driving in a lane intended for public transport);
• driving under prohibited signs (including violating the rules for passing railway crossings);
• violation of the rules for passing pedestrian crossings (not giving priority to pedestrians);
• violation of stopping and parking rules (including control of paid parking);
• violation of safety rules in the car (not fastened seat belts, driver talking on a mobile phone without a speakerphone while driving)
• violation of the rules for using vehicle lighting equipment (low beam or daytime running lights);
• search activities (abandoned or stolen cars)

This became possible thanks to the development of not only tools, but also information processing methods based on the theory of pattern recognition.

For example, an algorithm for identifying the zone of the most probable location of the headlights on the object and subsequent analysis of this zone helps to determine whether the car’s low beam was turned on in a doubtful case (specific illumination of the object at the time of shooting, bad angle of the picture, etc.).

A similar principle applies when identifying a car’s license plate number. It is clear that in this case, the history of the car and the personal data of its owner instantly become available.

Thus, modern means of automatic traffic control are entire complexes equipped not only with cameras themselves (by the way, also specialized ones: with wide-angle optics and high resolution), but also with infrared spotlights, mobile communication devices for transmitting data to the main server, and geolocation. Power for the operation of such complexes becomes possible from solar panels.

The technical capabilities of photo and video recording tools have not yet been fully implemented legally, and the modern complexes themselves are still not enough. The information transmitted from them is cross-checked by employees of the Center for Automated Recording of Administrative Offenses and, if a violation is confirmed, it is transferred to inspectors to make a decision. However, the improvement of technical means and methods of information processing will inevitably “displace” the human factor in this process.

The most modern and advanced radars for measuring speed today are the OSKON radar (in various modifications), Strelka and PKS-4.

Who records speeding?

A traffic police inspector measures the speed of cars in traffic using a radar or mobile camera. If the speed is higher than the permissible limit, he stops the offender and shows him the speed at which the car was traveling. The driver has the right to ask for a certificate for the device to find out the error.

Depending on the situation, the inspector will draw up the following documents:

• protocol and resolution of the offense. This happens if the driver agrees with the violation.
• only protocol. If the driver does not agree, the policeman will record the violation in the protocol, and the driver can write his objections in it. If the excess is large and is punishable by deprivation of rights, the inspector also writes out a protocol and sends it to the court. The judge will decide whether to revoke the driver's license.

The camera snatches the car in traffic if the speed is higher than the permissible speed. Next, the device takes a photo or video, reads the number and sends the material to the Violation Recording Center (CAFAP). There the inspector checks to see if there is an error and signs the resolution. The document is sent to the driver by regular mail, and the information about the fine goes into the database. From there, the data is received by fine checking services, such as “Traffic Police Fines”.

Is it possible and how to challenge a penalty for speeding?

1. If a traffic police officer detects that a vehicle is exceeding the speed limit using a mobile radar, the officer stops the driver.
A protocol on an administrative offense is not drawn up if the violator is awarded an administrative fine by issuing a resolution in the case of an administrative offense. The violator receives a copy of the decision against receipt. If the violator refuses to receive a copy of the decision, he will receive it by registered post. A copy of the resolution, in accordance with Part 1 of Art. 28.6 of the Code of Administrative Offenses of the Russian Federation, will be sent to the address of the violator within three days from the date of the decision.

If the violator does not agree with the fact of speeding and with the fine assigned to him, in this case a protocol on an administrative offense is drawn up. The protocol is attached to the decision made, in accordance with the Code of Administrative Offenses of the Russian Federation (Part 2 of Article 28.6).

If the violation is such that it requires punishment in the form of deprivation of the right to drive a car, the traffic police inspector draws up a protocol on the administrative violation. A copy of the protocol is handed over to the violator, in accordance with Art. Art. 23.3, 28.2 and 28.3 of the Code of Administrative Offenses of the Russian Federation.

As you can see, when speeding is exceeded, when the violation is recorded by the mobile radar of a traffic police officer, the case of an administrative offense is considered by the police in accordance with Article 23.3 of the Code of Administrative Offenses of the Russian Federation. There are only two exceptions to this procedure, and they apply if:

• The offender exceeds the speed limit repeatedly, and the speed is exceeded by more than 60 km/h (see Part 1 of Article 23.1 of the Code of Administrative Offenses of the Russian Federation);
• If the offender exceeded the speed by more than 60 km/h and the traffic police officer in accordance with Part 2 of Art. 23.1 of the Code of Administrative Offenses of the Russian Federation decided to refer the case to the court. When recording a violation, the traffic police officer is required to show the driver radar readings that confirm speeding. The driver can ask the inspector to show the certificate for the device to clarify its error and verification period. This information should not be neglected, because taking into account the radar error can help the driver avoid punishment.

2. If speeding was recorded by a stationary automatic speedometer, the procedure for assigning administrative liability will be slightly different. Thus, data from automatic radars arrives at the traffic police information processing center around the clock via communication channels. In this case, a car that has violated the speed limit is automatically identified, this car is photographed, its state license plates are recognized, but information about the owner is determined and, on the basis of this information, a resolution is drawn up in the case of an administrative offense.

Since everything happens automatically, a decision on an administrative violation case is made without the participation of the driver, and a protocol on the violation is not drawn up. Within three days from the date of the decision, in accordance with Part 3 of Art. 28.6 and Art. 29.10 Code of Administrative Offenses of the Russian Federation, a copy of the resolution is sent to the offender by registered mail, as well as through

government services portal

in the form of an electronic document signed with an enhanced qualified electronic signature of an official.

This method of fixation implies that a fine will be imposed on the owner of the car in any case, regardless of who committed the offense while driving the car. The amount of the fine is determined within the sanction of the article applied to the violator, or part of Art. section II Code of Administrative Offenses of the Russian Federation (see Part 3.1 of Article 4.1 of the Code of Administrative Offenses of the Russian Federation), in the smallest amount.

The owner of the car, if he does not admit the offense committed, has the right to appeal it. The appeal period is 10 days from the date of receipt of a copy of the decision, in accordance with Part 1 of Art. 30.3 Code of Administrative Offenses of the Russian Federation.

Radars with the ability to photograph and video record violations objectively reduce the number of offenses challenged by drivers and increase the level of road safety by minimizing the possibility of a violator evading administrative responsibility.

It’s a truism: speeding is one of the most common causes of road accidents. That is why the speed limit is very carefully regulated in the Traffic Rules, and punishments for its violations are in the Code of Administrative Offences.

The amount of penalties is determined by Article 12.9 of the Administrative Code and depends on how much the maximum permissible speed on a particular section of the road is exceeded, and by what means this excess is recorded. For clarity, below is an abbreviated table of fines for speeding; the full table is at the link.

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There is an extremely widespread belief among motorists that there is a “permitted” speed limit of up to 20 km/h from the speed limit established on a specific section of the road. This opinion is based on the fact that for such a violation a penalty in the form of a fine is not imposed on the driver. At the same time, drivers forget about the most important thing.

In case of a traffic accident, the determination of the guilty party takes into account compliance with the speed limit. And if, with a speed limit of 50 km/h, one of the cars was recorded moving at a speed of, for example, 53 km/h, and the second car complied with the speed limit, then the driver of the first may be found guilty for this very violation.

Automation of the process of identifying speed limit violations raises natural fears on the part of motorists of the inability to reverse erroneously made decisions (“you can’t argue with a camera”).

And the reasons for errors can be very diverse: from recording the traffic situation in difficult weather conditions to duplicating payment receipts for the same violation. At the same time, in addition to errors in the equipment itself (incorrect license plate recognition or determination of a speed that a given car model cannot technically achieve), there may also be a human factor: an error by an employee checking technical materials.

The center for recording violations only prepares materials, but the decision on punishment is still issued by the traffic police inspector, and such a decision can be challenged.

A decision on a violation can be contested within 10 days from the date of receipt in person or by mail (if recorded on camera). If the driver, for valid reasons (business trip, illness, etc.) does not have time to file a complaint, an extension of this period is allowed, but then the relevant supporting documents will need to be submitted.

You can challenge the decision both in the traffic police and in court. It should be remembered that the presumption of innocence does not apply to the imposition of fines or deprivation of rights for speeding and the driver himself will have to provide evidence of his innocence.

If a technical error is obvious (for example, the license plate number of the car does not match the one recorded in the photo), it makes sense to contact the departments of the State Traffic Inspectorate. In the Moscow region, due to a large number of technical errors, it was even necessary to open a corresponding department for personal reception of motorists.

If the driver is confident in his innocence, but the evidence he presents requires serious expert verification, it is better to appeal the decision in court: the corresponding checks by the traffic police in the vast majority of cases end in a refusal to review the decision.

The period for consideration of a complaint by the traffic police is also 10 days, but even in the case of a positive decision, sometimes you have to wait more than a month for the official cancellation of the decision. Even longer periods for consideration of a claim in the courts.

In this regard, it is recommended to pay fines on time. The fact is that Article 32.2 Part 1 of the Code of Administrative Offenses allocates 60 days for this from the date the resolution enters into legal force (another 10 days are added for appeal). As a result, the driver has 70 days to pay the fine from the date the decision was issued.

A good opportunity to save on paying a fine (or “freeze” less money if the driver proves he is right) is to make payment within 20 days from the date of the decision. Then, according to the law, you can only pay 50% of the fine. It should be borne in mind here that the discount does not apply to all types of violations (for example, it does not apply to a fine for driving through a red traffic light). The possibility of preferential payment is usually indicated on the violation notification form itself.

Peculiarities of administrative liability when recording violations of traffic rules in automatic mode:

• Only a monetary fine can be imposed;
• The amount of the fine is the minimum possible.

Peculiarities of imposing fines for speed when recorded by cameras

They are not deprived of rights. The car owner can only be sent a fine. If the article of the Code of Administrative Offenses provides for deprivation, it will not happen - such punishment is possible only if the car is stopped by an inspector. Instead, as a rule, they are fined 5,000 rubles. In the first 20 days this amount can be paid with a 50% discount.

They take the minimum fine if the penalties include fines. If the only punishment under the article is a fine, but there are options, the camera will come up with a decision for the smallest amount. For example, if you exceed the speed by 40 km/h, the inspector will fine you 1,500 rubles, but the camera will only give you a fine of 1,000 rubles.

The owner receives the fine. The fine from the camera always goes to the owner of the car, regardless of who was actually driving.

Punishment for repeat violations

A repeated violation of the same traffic rule within a year is considered to be a repeated violation. Sometimes the fines for such a violation are higher - this happens with serious speeding.

Repeated excess of 40-60 km/h. For this you will be fined 2000-2500 rubles; no discount is provided for payment.

Repeated excess of 60 km/h or more. In this case, the inspector will issue a report, and the judge will most likely deprive the driver of his license. If a violation is recorded by a camera, there will be a fine of 5,000 rubles.

How to Check Speeding Tickets in 2021

By driver. You cannot check the fine by name alone; you will need the car’s license plate number, driver’s license number and vehicle registration certificate (VTC). The latter is especially important because most speeding fines come from cameras - they are all linked in the database to the STS number.

Find the numbers of these documents and enter them into the form to check fines.

By car. The fine can be checked using vehicle data - license plate number and STS number. The license number is not required.

According to the resolution. You can check the fine according to the resolution on the State Services website, but to do this you will need to register and confirm your identity. It’s easier to enter the license plate number and STS number on the main page of “Traffic Police Fines”.

How to pay speed fines

Payment period. You have 70 days from the date of the decision to pay the fine. Of these, the first 10 are given to challenge the fine if you do not agree with it. Another 60 to pay. In addition, in the first 20 days, most fines can be paid with a 50% discount. For example, 1000 rubles instead of 2000 for exceeding 60 km/h.

Payment Methods. Choose where you will check fines. If the service finds unpaid violations, proceed step by step. We show it using the example of “Traffic Police Fines”.

Check the fine by license plate and STS number. If there are fines, you will see them with all the details: violation, article of the Code of Administrative Offenses, date and place. Click "Pay".

Check the details and click “Proceed to payment”.

Pay the amount by bank card.

Download or email your receipt. This can be done later in the “Payment Receipts” section.

How to appeal a speeding ticket in 2021

When can you challenge? Fines for speeding are not always fair. There are several situations when a fine is worth appealing:

• the camera was wrong. For example, you miscalculated the license plate number and measured someone else’s speed - this also happens;
• another person was driving the car. This happens when you have already sold the car or the car is yours, but a relative or acquaintance was driving;
• There were several fines in one segment. Sometimes cameras mistakenly fine several times for one violation;
• The car was traveling on a tow truck. Sometimes this happens: the speed of the tow truck is exceeded, and the owner of the car he was transporting is fined.

How to dispute. In the first 10 days from the date of the violation, prepare a complaint to the traffic police. The application must include:

• addressee - the position and name of the head of the department whose employee issued you the fine. This can be found out by calling the phone number indicated on the decree. If it is difficult to find out the name, simply write to the head of the regional traffic police department - his name is on the website;
• your data - name, place of residence and telephone number;
• signature “Complaint” in the center;
• the circumstances of what happened and your arguments;
• request to cancel the fine;
• applications that prove innocence;
• date and signature.

The complaint must be brought to the nearest traffic police department in person or sent by regular mail. The inspection responds according to the law within 10 days.

Use the complaint template to cancel the fine

Liability for non-payment

If you do not pay the fine within 70 days from the date of the decision, the traffic police will transfer the case to the bailiffs. After this, the fine will increase and it will most likely be written off from the account. There are worse consequences.

The fine will be increased by 1000 rubles. When the bailiff receives the case from the traffic police, he will initiate enforcement proceedings. After this, a new notice will be sent to the debtor. If the fine is not paid after 5 days, an enforcement fee will be added - at least 1000 rubles.

They will withdraw money from the account. The bailiff will take the case to court. Based on the results of the review, the judge usually decides to write off the money from the account.

Rights will be limited. In some cases, they may limit the rights, double the fine, seize property, or prohibit the debtor from traveling abroad. For more information about the consequences, read the article about unpaid fines.

How long does it take for a traffic violation to be considered a repeat violation?

The validity period of the first violation is 1 year from the date of entry into force of the resolution. This period is established by Article 4.6 of the Code of Administrative Offenses of the Russian Federation.

The resolution on an administrative offense comes into force:

• within 10 days from the date of delivery or receipt of a copy (Article 30.3 of the Code of Administrative Offenses of the Russian Federation);
• after 10 days, if a complaint is filed with an official (part 1 of article 30.5 of the Code of Administrative Offenses of the Russian Federation);
• after 2 months, if the complaint is considered in court (part 1.1 of article 30.5 of the Code of Administrative Offenses of the Russian Federation);
• within 24 hours, in case of administrative arrest (part 3 of article 30.5 of the Code of Administrative Offenses of the Russian Federation).

The first settlement day starts from the next day.

Remember

1. The speed limit for a passenger car in the city is 60 km/h, on the highway - 90, on the highway - 110, in the yard - 20 km/h.
2. Sometimes the restriction is different - it is additionally written on the sign in a red circle.
3. If you exceed the speed limit by 20 km/h or more, you will be fined 500 rubles.
4. For speeding too high or repeated violations, the driver's license will be revoked. But to do this, it must be recorded by an inspector on the road, and not a camera.
5. In case of fines from cameras, the license is not deprived, but the smallest fine is assigned.
6. If the camera or inspector made a mistake, appeal the fine within the first 10 days. To do this, file a complaint and send it to the traffic police.
7. In the first 20 days, the fine can be paid with a 50% discount on “Traffic Police Fines”.

How can speed violations be detected?

Speed ​​violations can be detected using a speed meter - radar. These special technical means can be stationary or mobile. Thus, mobile speed meters are used in the traffic police patrol area by inspectors to record the speed of vehicles. Stationary devices are mounted in areas of heavy traffic on special road structures.

They record vehicle speed automatically. Devices for recording speed violations, both mobile and stationary, have the ability to record and recognize state registration plates of cars, as well as photograph and video record the movement of cars. The information received by the devices is transmitted to the data processing center via communication channels or to a mobile post of traffic police officers.

The Code of Administrative Offenses of the Russian Federation (Parts 2 - 5, Article 12.9) establishes four gradations of the degree of responsibility depending on the amount of speed exceeding the maximum established level on a given section of the road:

1. If the violator exceeds the maximum speed by 20 to 40 km/h, this entails administrative liability in the form of a fine of 500 rubles;
2. If the speed is exceeded by 40 to 60 km/h, the fine applied for excess is from 1,000 to 1,500 rubles;
3. If the speed limit is violated by an amount from 60 to 80 km/h, an administrative fine is applied in the amount of 2,000 to 2,500 rubles. or deprivation of the right to drive a car for a period of four to six months;
4. If the speed limit was exceeded by more than 80 km/h, such a violation is punishable by an administrative fine of 5,000 rubles. or deprivation of the right to drive a vehicle for a period of six months.

Deprivation of the right to drive a car, in accordance with Part 3 of Art. 3.8 of the Code of Administrative Offenses of the Russian Federation does not apply as a measure of liability for speeding in cases 3 and 4 only to persons who drive a car due to a disability.

If a violation of the speed limit is recorded for this driver again, then in accordance with Parts 6 and 7 of Art. 12.9 of the Code of Administrative Offenses of the Russian Federation, the administrative liability applied in such cases is as follows:

• If the speed limit is repeatedly violated within the range from 40 to 60 km/h, an administrative fine is imposed in the amount of 2,000 to 2,500 rubles;
• If the speed is exceeded by more than 60 km/h, a deprivation of the right to drive a car is applied for a period of one year. If an offense is recorded using technical means in automatic mode, a fine of 5,000 rubles is applied;

If a driver outside populated areas moves at a speed of no more than 30 km/h and at the same time does not comply with the requirement of the traffic rules to let the following cars pass in order to overtake and get ahead of him, this is a violation, according to Part 1.1 of Art. 12.15 of the Code of Administrative Offenses of the Russian Federation, provides for the imposition of an administrative fine in the amount of 1,000 to 1,500 rubles.

If you are awarded a fine, you can reduce it by 50% if you pay the fine within 20 days of the fine being issued. However, the fine for repeated speed violations is paid in full, regardless of the payment deadline. If the fine is deferred or paid in installments, it is also paid in full (see Part 1.3 of Article 32.2 of the Code of Administrative Offenses of the Russian Federation).

The table of fines for automatically recording violations looks more friendly to drivers.

If a violation is automatically recorded, a fine will be issued to the owner of the vehicle.