Article 12.12, part 3: deprivation of rights for repeatedly running red: how to avoid and judicial practice?


Administrative penalty or restriction of the right to drive

If a red light was passed, Article 12.12. The Code of Administrative Offenses of the Russian Federation provides for a fine of 1,000 rubles. If convicted again for the same offense, the car owner will have to pay 5,000 rubles. The penalty in this case may be deprivation of a driver’s license from four to six months. The location of the violation also plays an important role.

If the offense was committed on a railway track, then the motorist will be forced to pay a penalty in the amount of 1000 rubles. or lose the ability to drive a car for a period of 3 to 6 months. When such an offense is committed repeatedly, the deprivation of rights is carried out for 1 year. To eliminate the occurrence of emergency situations on the railway, CCTV cameras are now installed everywhere.

ATTENTION !!! Driving a car through prohibitory markings when the signal is red will be subject to a fine of 800 rubles. At this road sign you must stop only at those intersections that are regulated. Stopping at an unregulated intersection is possible only if there are markings provided for by traffic regulations, which the driver is warned about by this sign.

If a car enters an intersection and there is a traffic jam behind it, then this is also considered an offense and will be equivalent to driving through a red light at an intersection. A car causing a traffic jam will interfere with other cars.

This year, a penalty for crossing an intersection with a prohibitory signal can be obtained by practically driving not through a red light, but when there is no signal permitting movement. This is especially true if, in addition to the main position, there is an additional section at the traffic light.

IMPORTANT !!! If the green sign is not lit when crossing an intersection, then the motorist may receive a fine of 1,000 rubles for crossing.

Article 12.12. Driving through a prohibiting traffic light or a traffic controller's prohibiting gesture

Resolution of the Supreme Court of the Russian Federation dated July 12, 2019 N 74-AD19-7 Judge of the Supreme Court of the Russian Federation S.B. Nikiforov, having considered the complaint of the head of the department - the chief state inspector of the state road inspection of the East Siberian Interregional Directorate of State Road Supervision of the Federal Service for Supervision in the Sphere of Transport Shagan A.V. on the decision of the head of TsAFAP in the traffic police department of the State Traffic Safety Inspectorate of the Ministry of Internal Affairs for the Republic of Sakha (Yakutia) dated October 22, 2021, the decision of the judge of the Yakut City Court of the Republic of Sakha (Yakutia) dated November 19, 2021, the decision of the judge of the Supreme Court of the Republic of Sakha (Yakutia) dated January 11, 2019 and the resolution of the acting chairman of the Supreme Court of the Republic of Sakha (Yakutia) dated March 15, 2021, issued in relation to the East Siberian Interregional Directorate of State Road Supervision of the Federal Service for Supervision of Transport (hereinafter referred to as the East Siberian MUG ADN) on a case of an administrative offense provided for in Part 3 of Article 12.12 of the Code of the Russian Federation on Administrative Offences,

Decision of the Supreme Court of the Russian Federation dated October 14, 2019 N 81-AAD19-28

Judge of the Supreme Court of the Russian Federation V.P. Merkulov, having considered in open court the complaint of Alexander Viktorovich Roshchin against the decision of the traffic police inspector of the State Traffic Safety Inspectorate of the Russian Ministry of Internal Affairs for the city of Kemerovo dated February 26, 2021 N 18810042180001340807, the decision of the deputy commander of the Traffic Police Department of the State Traffic Safety Inspectorate of the Russian Ministry of Internal Affairs for the city Kemerovo dated March 14, 2021, the decision of the judge of the Zavodsky District Court of Kemerovo dated May 15, 2021 and the ruling of the judge of the Kemerovo Regional Court dated August 19, 2021 to reject the petition for the restoration of the missed procedural deadline for appeal, issued in the case of administrative the offense provided for in Part 2 of Article 12.12 of the Code of the Russian Federation on Administrative Offences, in relation to Alexander Viktorovich Roshchin,

Resolution of the Supreme Court of the Russian Federation dated November 21, 2019 N 7-AD19-6

Judge of the Supreme Court of the Russian Federation Nikiforov S.B., having considered the complaint of Volchenkov Yu.V. on the decision of the senior inspector of the department for IAZ TsAFAP State Traffic Safety Inspectorate of the Ministry of Internal Affairs of Russia for the Ivanovo region dated September 12, 2021 N 18810137180912000918, the decision of the head of the department for IAZ TsAFAP in the traffic police department of the State Traffic Safety Inspectorate of the Ministry of Internal Affairs of Russia for the Ivanovo region dated November 27, 2021, the decision of the Leninsky district judge court of the city of Ivanovo dated February 6, 2019 and the resolution of the deputy chairman of the Ivanovo Regional Court dated June 17, 2021, issued against Yuri Vladislavovich Volchenkov in the case of an administrative offense under Part 1 of Article 12.12 of the Code of the Russian Federation on Administrative Offenses,

Resolution of the Supreme Court of the Russian Federation dated November 28, 2019 N 31-AD19-12

Judge of the Supreme Court of the Russian Federation Nikiforov S.B., having considered the complaint of Ilya Yakovlevich Yarabaev against the decision of the senior inspector of the IAZ TsAFAP department of the State Traffic Safety Inspectorate of the Ministry of Internal Affairs for the Chuvash Republic dated September 17, 2021, the decision of the judge of the Leninsky District Court of Cheboksary dated January 10, 2021. year, the decision of the judge of the Supreme Court of the Chuvash Republic dated February 26, 2019 and the resolution of the Deputy Chairman of the Supreme Court of the Chuvash Republic dated July 19, 2021, issued against Ilya Yakovlevich Yarabaev (hereinafter referred to as I.Ya. Yarabaev) in the case of an administrative offense provided for in part 1 Article 12.12 of the Code of the Russian Federation on Administrative Offences,

Resolution of the Supreme Court of the Russian Federation dated July 17, 2019 N 46-AD19-11

Judge of the Supreme Court of the Russian Federation Nikiforov S.B., having considered the complaint of Zalaltdinov Ruslan Vagizovich against the decision of the traffic police inspector ABOUT the traffic police of the State Traffic Safety Inspectorate of the Ministry of Internal Affairs of Russia for the city of Tolyatti, Samara region, which came into force on April 5, 2021, the decision of the company commander ABOUT the traffic police of the State Traffic Safety Inspectorate of the Ministry of Internal Affairs of Russia for Tolyatti, Samara Region dated May 10, 2021, decision of the judge of the Avtozavodsky District Court of Togliatti, Samara Region dated January 12, 2021, decision of the judge of the Samara Regional Court dated October 30, 2021 and the decision of the Deputy Chairman of the Samara Regional Court dated December 29, 2021, issued against Ruslan Vagizovich Zalaltdinov (hereinafter referred to as R.V. Zalaltdinov) in the case of an administrative offense under Part 1 of Article 12.12 of the Code of the Russian Federation on Administrative Offenses,

Resolution of the Supreme Court of the Russian Federation dated 02/03/2020 N 8-AD20-1

Judge of the Supreme Court of the Russian Federation S.B. Nikiforov, having considered the complaint of the defender of the public joint stock company "Rostelecom" P.A. Motov. on the decision of the head of the TsAFAP State Traffic Safety Inspectorate of the Ministry of Internal Affairs of Russia for the Yaroslavl Region dated April 1, 2021, the decision of the judge of the Kirovsky District Court of the city of Yaroslavl dated May 28, 2021, the decision of the judge of the Yaroslavl Regional Court dated June 26, 2021 and the decision of the acting chairman of the Yaroslavl Regional court dated August 15, 2021, issued against the public joint stock company Rostelecom (hereinafter referred to as the company) in the case of an administrative offense under Part 3 of Article 12.12 of the Code of Administrative Offenses of the Russian Federation,

Resolution of the Supreme Court of the Russian Federation dated December 11, 2019 N 44-AD19-51

Judge of the Supreme Court of the Russian Federation S.B. Nikiforov, having considered the complaint of defense attorney A.V. Musikhin, acting in the interests of Shardakov Ruslan Evgenievich, against the decision of the magistrate of judicial district No. 5 of the Motovilikha judicial district of Perm dated June 07, 2021, which entered into legal force , the decision of the judge of the Motovilikha District Court of Perm dated July 22, 2021 and the resolution of the Deputy Chairman of the Perm Regional Court dated August 20, 2021, issued against Ruslan Evgenievich Shardakov (hereinafter referred to as R.E. Shardakov) in the case of an administrative offense provided for in part 3 Article 12.12 of the Code of the Russian Federation on Administrative Offences,

Resolution of the Supreme Court of the Russian Federation dated December 9, 2019 N 11-AD19-37

Judge of the Supreme Court of the Russian Federation Nikiforov S.B., having considered the complaint of representative Gumarova D.A., acting in the interests of Kamalov Fariz Shagiyazdanovich (hereinafter referred to as Kamalov F.Sh.), against the decision of the judge of the Naberezhnye Chelny City Court of the Republic of Tatarstan dated 30, which entered into legal force January 2021, the decision of the judge of the Supreme Court of the Republic of Tatarstan dated February 27, 2019 and the resolution of the Deputy Chairman of the Supreme Court of the Republic of Tatarstan dated June 14, 2021, issued against Musin Elbrus Rafisovich (hereinafter - Musin E.R.) in the case of an administrative offense, provided for in Part 1 of Article 12.12 of the Code of the Russian Federation on Administrative Offences,

Resolution of the Supreme Court of the Russian Federation dated 06/08/2020 N 44-AD20-7

In the materials of this case there is a resolution of the traffic police inspector OR DPS of the State Traffic Safety Inspectorate of the Ministry of Internal Affairs of Russia “Bereznikovsky” dated December 20, 2018, according to which Bosykh V.A. brought to administrative responsibility for committing an administrative offense under Part 1 of Article 12.12 of the Code of the Russian Federation on Administrative Offences, under the following circumstances: December 19, 2021 at 21:15 in the area of ​​building 3 on Komsomolskaya Street in the city of Berezniki, Perm Territory Bosykh V.A. , driving a Renault Sandero vehicle, state registration plate..., in violation of the requirements of paragraph 6.13 of the Traffic Rules, drove through a prohibiting (red) traffic light.

Resolution of the Supreme Court of the Russian Federation dated June 22, 2020 N 89-AD20-4

Judge of the Supreme Court of the Russian Federation Nikiforov S.B., having considered the complaint of Skvortsov Alexander Pavlovich against the ruling of the judge of the Leninsky District Court of the city of Tyumen dated January 31, 2021, the ruling of the judge of the Tyumen Regional Court dated March 18, 2021 and the ruling of the deputy chairman of the Tyumen Regional Court court dated July 18, 2021, issued against Alexander Pavlovich Skvortsov (hereinafter referred to as A.P. Skvortsov) in the case of an administrative offense under Part 3 of Article 12.12 of the Code of the Russian Federation on Administrative Offences,

Resolution of the Supreme Court of the Russian Federation dated May 19, 2017 N 57-AD17-8

Judge of the Supreme Court of the Russian Federation Nikiforov S.B., having considered the complaint of Kolupaev D.V. on the decision of the head of the department for IAZ TsAFAP in the traffic police department of the State Traffic Safety Inspectorate of the Ministry of Internal Affairs of Russia for the Belgorod Region dated January 20, 2021 N ..., the decision of the judge of the Oktyabrsky District Court of Belgorod dated April 28, 2016, the decision of the judge of the Belgorod Regional Court dated July 04, 2016. year and the resolution of the Deputy Chairman of the Belgorod Regional Court dated November 11, 2021, issued in relation to Kolupaev D.V. (hereinafter referred to as D.V. Kolupaev) in the case of an administrative offense provided for in Part 2 of Article 12.12 of the Code of the Russian Federation on Administrative Offenses,

Fixing the crossing of an intersection with a prohibitory signal

Already from the beginning of 2021, all major cities of Russia began installing automatic crime recording systems. These cameras work automatically. They can be programmed to record certain moments of traffic.

Since last year, such devices are usually programmed to fix:
  • crossing an intersection on a yellow light;
  • ignoring the red signal when crossing an intersection;
  • a vehicle crossing an intersection regulated by an inspector or a traffic light with a yellow or red signal;
  • turning when the green sign at the intersection is dead.

When the camera has recorded a violation of traffic rules by one or another car, then after recording, the report is transmitted to the central server. Finding out information about the owner of the car is not a problem for the traffic police. After registering an offense, a letter is sent to the car owner’s address by Russian Post, which contains a photo of the traffic violation, a protocol drawn up and a collection order.

ATTENTION !!! It is not always possible for a camera to record an offense correctly, therefore, if the car owner does not agree with the penalty, he can challenge the traffic police fine in court. The amount of the fine can be significantly reduced if no more than 20 days have passed since the decision was issued. In this case, the offender is entitled to write off 50% of the fine.

If you drive through a red light, the 2021 fine under the camera is repeated - the discount system does not apply.

Turn right on a red traffic light 2021

Traffic police fines increase significantly with repeated violations of such legal norms. Repeated offense (Part 3 of Article 12.12 of the Code of Administrative Offenses) entails a sanction in the form of a fine of 5,000 rubles or deprivation of rights from 4 to 6 months. An offense is repeated if the same illegal act was previously committed and twelve months have not yet passed from that moment.

An offense is considered committed again (repeatedly) when driving through any prohibiting traffic light signal (including a missing permitting signal). So, if for the first time a motorist drove through a red light, and then within a year made a turn at an intersection when the green arrow was “extinguished,” his offenses are considered similar.

Penalties can be paid:

  1. Through the bank;
  2. At the post office;
  3. Through Internet banking;
  4. Through payment terminals.

Payment of fines within the first twenty days from the date of registration of the resolution implies a discount of 50% of the original amount. This system applies to fines resulting from:

  1. Travel on red or yellow, as well as a traffic ban from the traffic controller;
  2. Violations of rules at railway crossings.

Committing a second offense within a year means paying a fine without any discounts.

If a motorist has sufficient grounds to challenge the fines, he has the right to do so through the court. The judicial authority in this case is determined by the plaintiff himself: at the place of his registration or at the location of the traffic police, whose officer issued the decision on the offense. District courts are authorized to consider such cases.

For the court, along with the statement of claim, you must provide the following documents:

  1. Protocol on administrative violation;
  2. Resolution (on imposition of penalty);
  3. Technical passport of the car;
  4. Driver license;

It should be remembered that the right to go to court is retained for ten days (from the date of execution of the decision).

A law-abiding driver must comply with the following rules:

  1. Stop the car when there is a prohibiting signal (both at an intersection and at a railway crossing);
  2. Stop driving when the signal allowing passage is extinguished;
  3. Continue driving only when a permission signal appears;
  4. Follow the traffic controller's instructions (even if they do not coincide with the light signals).
  • By car and driver
  • By resolution number

How can you appeal an administrative penalty?

When a car owner does not agree with the fine, he may well challenge the decision of the traffic inspector. You can prove a traffic police officer’s mistake in court.

Before applying to the courts, you must collect the following documents:
  • vehicle owner's passport;
  • driver's license;
  • identification code;
  • registration certificate;
  • protocol.

You can appeal to the court only within 10 days after signing the protocol. It must be remembered that when drawing up a protocol, the car owner can add his own explanations or vision of the situation if it differs from the opinion of the inspector.

IMPORTANT !!! In addition, the driver is not prohibited from filming his own video using a mobile phone or camera. You can also use data from the DVR.

You should make sure that the protocol is completed correctly. Mistakes made by the inspector can lead to victory in the dispute between the parties. It is highly not recommended to draw the attention of a traffic police officer to them.

The court's decision may:
  • Leave the amount of the penalty unchanged;
  • Mitigate the punishment;
  • Cancel the fine;
  • Remove the driver from driving the vehicle.

IMPORTANT !!! Therefore, before filing a claim, you should consult with a car lawyer. An excellent option would be to invite a lawyer to the court hearing. In this case, the chances of winning will increase significantly.

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