Is there a statute of limitations for traffic fines?
It is a rare driver who did not receive a traffic fine notice or avoided being stopped by an inspector. Fines are not a pleasant and voluntary purchase of anything. Nobody wants to pay for them. More than half of the collections fall into the category of overdue.
Deadlines for payment of fines
What is the deadline for paying fines? In accordance with the law, the driver is given a period of 10 days from the moment he receives the decision in person. This document can be issued in response to a traffic violation when stopped by a traffic police inspector.
The official is required to provide two documents confirming the fact of the offense. The driver signs both papers. A receipt for payment is attached to the order. The amount is determined by the traffic police officer himself in accordance with legislative documents.
For minor offenses (not wearing a seat belt, running a red light, etc.) a fine of 500 rubles is imposed. In case of disagreement with the fact of the violation, the driver may refuse to sign the document.
In this case, a corresponding protocol is drawn up, which indicates the reason for refusing to sign the previous document. The protocol is signed by all participants in the process, including witnesses.
If the violation was recorded by video or photo recorder, this fact is automatically transferred to the issuance of a resolution. In this case, you may not even know about the fact of the violation and the order of punishment. This letter is sent by mail. If a person has not received this notification, he is returned to the traffic police.
The driver’s ignorance of the imposition of a fine does not matter. It makes sense to check for unpaid fines from time to time. This can be done via the Internet.
After serving a resolution on a violation of traffic rules, each citizen can, within ten days, file a complaint addressed to the head of the department of the State Traffic Inspectorate whose employee issued the resolution or protocol. Such an appeal can also be carried out in court.
In this case, the complaint is filed with the official in the district court, and the appeal period is increased to two months. This time is allotted to the relevant authorities to consider the filed complaint and make a decision on it. The statute of limitations for paying fines is extended proportionally for this time.
If the deadline has passed or the resolution has been approved, it will have to be paid. The deadline for paying the traffic police fine is 60 days from the moment the penalty order came into force.
It is possible to delay the payment of the fine or receive an installment plan. To do this, you need to write a letter of petition addressed to a traffic police official or court.
Such derogations are possible in case of a difficult financial situation of the violator or if it is impossible to make payment (business trip, hospital, etc.).
Non-payment and arrears of fines
After two months from the moment the decision was served, the debt accrues. It is transferred by the traffic police to the Bailiff Service. They have their own rights and methods of collection. However, paying the amount imposed by the State Traffic Inspectorate is no longer enough.
The court imposes a punishment on the debtor:
- a penalty for failure to pay a fine, doubled from the amount of the fine (at least 1000 rubles);
- arrest of the debtor for up to 15 days;
- compulsion to perform executive work for up to 50 hours;
- ban on leaving the country (for amounts over 10 thousand rubles).
Most often, the court imposes a punishment in the form of monetary compensation. Failure to pay a fine does not give the right to arrest certain categories of citizens. The following are exempt from it:
- persons whose violation was automatically recorded by the registrar;
- pregnant women;
- disabled people of groups I and II;
- women with children under 12 years of age.
If it is not possible to physically collect money from the debtor, but he has bank accounts, bailiffs turn to these structures.
According to the law, non-payment is repaid by the bank from the debtor’s account automatically, for example, from payroll.
This procedure can be announced if you have subscribed to the SMS newsletter from the bank or at the personal request of the citizen. You should be careful not to pay the same fine again.
In the event that a court imposes a ban on leaving the country, customs officers must have its order. Otherwise, no one has the right to detain a citizen at the border. However, subject to detention, the desire to pay the debtor a fine will be pointless.
Customs officers of other countries will not stop you for internal debts.
Bailiffs can seize the property of a citizen who has not paid a debt to the traffic police; the State Traffic Inspectorate itself can also continue to influence the defaulter.
He will be interfered with in completing registration documents and technical inspection.
Payment of fines: statute of limitations
The statute of limitations for fines in the traffic police is calculated at two years from the date the resolution came into effect. If during this time the violator is not required to pay fines, this penalty is unlawful. For example, I received a receipt for payment of a fine for an incident that occurred on the road more than two years ago.
Such a notice can simply be thrown away; it is illegal.
A person who has received notices of collection may try to evade paying it. However, he must know that the period of validity of the proceedings will be interrupted during the evasion.
If property or material assets are discovered in possession of a person evading payment of a fine, collection actions are resumed, and the statute of limitations period is extended for the period of evasion. For example, if a person disappeared for three months, then the statute of limitations for this proceeding will expire two years and three months from the issuance of the resolution.
However, such data will have to be proven by facts and documents to the bailiffs themselves. If there is permission to pay the fine in installments, the statute of limitations will be extended for the duration of the installment plan.
The statute of limitations of two years applies to the payment of a fine. However, it is important to understand the time limit for execution of the punishment. It is equal to three months after the issuance of the claim document to the bailiffs. With an exact calculation, after the final decision is made, there is a time of five months - two months for payment and three months for enforcement actions of the bailiff service.
A citizen may decide not to pay debts due to traffic police fines. Which path to choose is the decision of each violator. However, government bodies have enough leverage to prevent the violator from living in peace and not worrying about his bank accounts and other property. It's better to pay once than to overpay a hundred times.
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How long does it take to pay a fine to the traffic police? How long does it take to pay?
Various life situations sometimes create very serious financial problems. Troubles can overlap one another. It may happen that a person experiencing financial difficulties violated traffic rules and a fine was imposed on him. In this case, you need to know the terms of validity and payment of the fine , and during this time find a way out.
Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
If you want to find out how to solve your particular problem, please contact the online consultant form on the right or call +7. It's fast and!
Validity period of the traffic police fine
Traffic police fines are valid for two years and 10 days from the date of the decision, unless this decision is appealed in court, there is no deferment or installment plan for payment.
The longer you can painlessly delay paying the fine, the more profitable it seems for the debtor. Accordingly, you need to know the timing of payment, be aware of the possibilities of refusing it after the lapse of time, and be aware of the consequences of delaying it.
According to Russian legislation, the fine comes into force 10 days after the traffic police decision on imposing the fine comes into force. Entry into force should be considered a key point. The deadlines for payment, limitation, installments, deferment, etc. are calculated from it. These 10 days are given to appeal the decision of the traffic police.
It is necessary to mention one more possibility of not paying a fine. The duration of the fine is equal to 2 years and 10 days. If the fine has not been paid for 2 years and 10 days, then it may not be paid further.
But the defaulter will face a number of problems:
- you cannot perform actions related to vehicle registration;
- leaving the country is prohibited;
- you cannot pass a technical inspection;
- the presence of an unpaid fine is considered a minus when traffic police officers make decisions on other incidents;
- significant restrictions on other operations related to the vehicle.
- If the fine is not paid within the time limits specified by law, the defaulter must be punished in the ways described below.
The defaulter should remember that such a delay is possible only if the bailiffs have not found
Validity period of a fine from video recording cameras
The validity periods of fines for violations recorded by video equipment are similar to the validity periods of fines for violations detected in other ways. That is, the debtor must pay the fine within 70 days . However, if recorded by a video camera, notification of the decision is sent by mail, and the period is calculated from the moment of receipt.
Deadlines for payment of fines
The fine must be paid within 60 days from the date the traffic police document comes into force. Consequently, if the driver does not challenge the decision of the traffic police, then he must pay a fine within 70 days .
If the decision of the traffic police is appealed in court, then the sequence of actions of the driver is as follows:
- within 10 days he applies to the court with an application to appeal;
- the court determines the time limit for consideration of the case;
- if the court recognizes the actions of the traffic police as lawful , it makes a decision, which is considered to be the drawing up of a protocol;
- the court decision comes into force 10 days after its adoption;
- as with the traffic police resolution, the fine must be paid within 60 days;
- If the imposed fine is recognized by the court as illegal , then the driver is exempt from paying it.
There are many cases where an application to the court was filed only to delay the payment of large fines. In such a situation, the applicant must understand that, having lost the case, he pays for court costs, pays for the services of a lawyer, etc.
Fines have increased, but their payment period has also doubled
Since September 2013, fines for traffic violations have increased and are gradually increasing. In September 2013, a law was adopted that introduced significant changes to the Code of Administrative Offenses of the Russian Federation . A significant part of these changes concerned the increase or introduction of fines for traffic violations. In general, the size of fines has increased significantly.
Here are some examples of rate increases:
- the amount of the fine for allowing a person to drive a vehicle who does not have documents confirming the right to drive has increased from 100 to 3,000 rubles ;
- illegal application of special symbols of emergency response vehicles or passenger taxis to the external surface of a vehicle is now punishable not by 2,500, but by 5,000 rubles ;
- Driving a vehicle without the appropriate license is punishable by a fine of 5,000-15,000 rubles . Previously, the fine was 2,500 rubles. The rule does not apply to driving for educational purposes;
- if the norms for the location of vehicles on the road are violated, for example, passing oncoming traffic, driving on the side of the road, crossing a convoy of vehicles or pedestrians, or positioning among it is allowed, then a fine of 1,500 rubles against the old norm of 500 rubles.
Find out what a fine of 1,500 thousand rubles can be for.
But, at the same time, mitigating changes were made to the deadlines for paying fines, a discount was introduced for paying fines and payment in installments. If before the amendments to the Code of Administrative Offenses the fine was paid a month in advance, today there is 70 days .
As already mentioned, 10 days are given for appeal, and the payment deadline is set at 60 days. You also need to take into account that it takes another 10 days to transfer a case of non-payment to the bailiff service. In general, the fine can be paid within 80 days from the moment the traffic police decision comes into force or from the moment the notification about it is served.
The fine can be paid in installments
Another solution that mitigates the fate of drivers who have been at fault is paying the fine in installments . This opportunity applies to drivers with difficult financial situations. They can defer the payment of the fine for a month, or give them an installment plan, but not more than three months.
Such decisions are made on the basis of an application, to which the applicant should attach documents about his property status. For example, a certificate from your place of work . After the end of the installment period, the standard penalty payment period begins.
A preferential payment regime is assigned by the court or the authority that issued the fine based on an application. Let us remind you that from the date of expiration of the installment plan or deferment, a 60-day countdown will begin, during which the debtor is obliged to pay the entire amount of the fine.
Fines have a statute of limitations
It was already mentioned above that if the fine has not been paid for 2 years and 10 days, then it does not have to be paid. Let us remind you that 10 days is the period for appealing in court.
The remaining 2 years are considered the statute of limitations . After this period, the state has no right to collect it forcibly.
However, the driver can use this period only if the bailiff service does not find
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And it is extremely undesirable because at this time many operations with the vehicle cannot be performed, as described above.
If the fine was payable in installments or deferment, then the statute of limitations is increased by the corresponding period.
If it is possible to find the person evading the fine or his property, then the statute of limitations for the fine begins to count again.
50% discount on fine payment
The new regulation allows the driver to pay only half of the fine if he pays it within 20 days of being issued. Here we write in detail how to count 20 days to pay a traffic police fine.
All drivers can use the system, but the law provides for some exceptions.
The sequence of payment actions is as follows:
- choose a convenient form of payment and pay;
- in payment documents, indicate an amount equal to half the fine, or check it;
- go to the website gibdd.ru in the Services menu - checking fines;
- enter the registration plate and vehicle registration certificate number;
- if the website indicates that the fine has not been paid, then take a photo of the receipt and send it to the traffic police.
be no information due to the unreliability of the payment operator and errors by site employees.
As stated above, there are penalties and situations that are not covered by the discount.
Here is their list:
- the court decided to defer or installment payment . Then the amount is paid in full;
- lack of legal registration of the vehicle;
- drunk driving;
- repeated violation of the speed limit by more than 40 km/h.
- if violation of traffic rules by the driver resulted in bodily harm of varying degrees of severity.
Responsibility for failure to meet deadlines
If the driver was unable to pay the imposed fine within the time limits specified by law without good reason , then he will have to pay it in double amount.
Moreover, the law provides for the possibility of placing the debtor under administrative arrest or participating in community service for 50 hours. This measure can be applied within 130 days from the entry into force of the protocol. administrative arrest can last up to 15 days.
If the debtor refuses to voluntarily pay the fine, then the bailiffs . Their legal rights often create serious problems for the debtor.
The consequences of non-payment will be as follows:
- automatic doubling of the fine amount. The double fine is set at no less than 1000 rubles;
- the right of bailiffs to seize the debtor's property , the right to forcibly collect funds from wages or bank accounts;
- if the fine is paid forcibly, then 7% is charged on the costs of the enforcement service;
- possible ban on leaving the country.
Please note that bailiffs are required to provide 5 days for voluntary payment of the fine.
Adviсe
- If the traffic police fine is appealed in court only in order to delay the time of payment , then it must be taken into account that the loser pays court costs and attorney fees;
- Do not delay in paying the fine to avoid doubling it , administrative arrest and other penalties from the state;
- Check out the increased amounts of traffic police fines and new fines;
- Keep documents about payment of fines . When making a payment and filling out information about it, errors occur.
- Pay within the first 20 days of the fine , unless there is a court decision to defer or installment, and the violation is not included in the list of exceptions.
Although the validity period of the fine, excluding the possible period of appeal, installment plan or deferment, is 2 years and 10 days , it is better to pay it on time, that is, within 70 days .
Delaying payment by filing a lawsuit against the legal actions of the traffic police is also inappropriate, since the loser bears the legal costs. In addition, if possible, you should pay half of the payment in the first 20 days of the fine to receive a 50% discount.
For traffic violators with difficult financial situations, installment plans . The size of fines is constantly increasing. Therefore, you need to follow the traffic rules.
Concealment from paying fines for 2 years is impractical , since serious penalties are possible if the violator or his property is discovered, and his rights as a car driver are limited.
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Validity period for fines for traffic violations
Traffic regulations and additional penalties are not imposed on those car owners who were good at hiding from the bailiffs, but only on those who did not search at the proper level. After all, even if the violator hides for a long time, but he is still found before the statute of limitations expires, the violator faces the following:
- the statute of limitations begins to be calculated anew;
- a person’s property may be seized;
- if a deferment of payment was issued, then the statute of limitations is extended by the period of validity of the deferment specified in the document.
That is, if the bailiffs find the violator and comply with the statute of limitations period for 2 years, then a new document on traffic violations will be applied to the violator, which will begin to take effect from the moment the bailiff and the violating car owner meet again.
Attention! If the driver receives a letter from the bailiffs in his name, informing him that enforcement proceedings have been initiated in his name, then he has 5 days to voluntarily repay existing debts. After this time, the bailiffs can begin searching and blocking the bank accounts of such a driver to force payment of the debt.
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Penal debts must be paid within the period established by law. For failure to pay the fine, the driver can be punished for 160 days, which includes 10 days for appeal, 60 days for paying the fine itself, and 90 days for the trial. Of course, the best solution would be not to violate traffic rules at all.
What is the validity period of a fine for traffic violations in 2018?
Important: If the fine is not repaid within the validity period of the traffic police fines, after 20 days, traffic police officers can draw up a report against the violator and submit it to the court for further proceedings.
Bailiffs provide the violator with five days to voluntarily repay the fine.
If the driver does not pay the fine after this time, he will have to pay twice as much.
Validity and payment of traffic police fines in 2018
Most drivers have at least once faced the need to pay a fine for violating traffic rules. The deadlines for paying a fine and the consequences of its late payment are established by the administrative legislation of the Russian Federation.
Deadlines for payment of a fine A fine for a traffic offense must be paid in full by a person held administratively liable within 60 days from the date of entry into force of the decision imposing such a fine or from the date of expiration of the deferment or installment plan.
However, if a fine is paid no later than 20 days from the date of the decision to impose it, the size of the fine is halved, with the exception of the fine for committing certain offenses. If the execution of the decision was delayed or spread out, the fine is paid in full (Part 1, 1.3 of Article 32.2 of the Code of Administrative Offenses of the Russian Federation).
statute of limitations for traffic police fines in 2018 | statute of limitations
And such an event, as is probably clear to everyone, will lead to an increase in the already considerable amount of monetary penalties, which had to be paid in a shorter time:
- An additional amount will be added to the principal amount in double the amount not paid by law.
- If in this case the violator does not pay the fine, the following sanctions may be imposed on him in addition.
- Forced labor, up to 50 compulsory hours.
- Ban on traveling abroad.
- The violator may be subject to administrative arrest for 15 days.
The final penalty is imposed by a panel of judges and only if police officers provide undeniable evidence of a violation, not including photographs from a traffic video recorder. As soon as the case is transferred to the hands of the bailiffs, only 5 days will be allocated to pay the huge fine.
What are the payment deadlines and statute of limitations for collecting traffic police fines?
Almost all drivers in our country prefer not to delve into all the details of the bills that affect them. As it turned out, you can, for example, not pay traffic fines, while the bailiffs will be on your side. There is a specific statute of limitations for fines, after which you have a legitimate opportunity not to pay them.
Does everyone know how long traffic fines are valid? In this article we will try to talk about this in more detail and talk about all the features of the law.
About the bill Not every motorist knows the validity period of a traffic police fine, but it is extremely important to have such information.
Awareness will allow you not to get caught by traffic police officers, as well as save your money and nerves.
The statute of limitations for traffic police fines, according to Russian Federation Bill 31.9, is two months.
What is the validity period of traffic police fines? statute of limitations for traffic police fines
The calculation of the statute of limitations in this case is resumed from the day of discovery of the specified person or his things, income, on which, in accordance with the resolution on the imposition of an administrative penalty, an administrative penalty may be applied. But most of you most likely did not know about this.
Statute of limitations for traffic police fines
How can you pay a fine? As mentioned earlier, for certain types of violations, car owners may be subject to “decent” monetary penalties.
But not everyone manages to pay such amounts, within the specified period and in full.
To facilitate this process and relieve the driver from administrative punishment, some changes were made to the Code of Administrative Offenses regarding the rules for paying monetary penalties:
- violators are allowed to apply for a deferment, but not more than 30 days;
- it is possible to pay the fine in installments for 90 days;
- If the driver who violated the traffic rules confirms by submitting a certificate from his place of work that his financial situation is currently very difficult, then the government body may provide him with a special preferential treatment for paying a fine.
Validity and limitation period of traffic police fines in 2018
Source: http://yuruos.ru/srok-dejstviya-shtrafa-za-narushenie-pdd/
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Changes in the rules for collecting fine payments occur very often.
It is a good habit to comply with all traffic rules, but it cannot be guaranteed that a minor violation will not entail severe penalties. The following regulations are currently in effect.
Procedure for paying traffic fines
- To pay the fine, the violator must contact any bank branch with the payment details specified in the resolution received from the traffic police officer.
- Payment at the bank is carried out using an ATM or through a cashier. The payment receipt serves as confirmation of payment of the fine.
- Banking companies are required to immediately send data to the traffic police database.
In what period must the fine be paid?
- Since May 2013, a rule has been introduced regarding the timing of payment by those persons who have been brought to administrative liability. The period for paying traffic fines is 60 days. (dated 04/05/13 No. 49-FZ).
- If payment is not made, traffic police officers send decisions on outstanding fine payments within a period of 10 days. Bailiffs receive these decisions and work on enforcement.
The deadline for paying a traffic police fine in the Russian Federation is 60 days, and 10 days are also added to this period during which you can appeal the fines.
What happens if I don’t pay the fine on time?
The punishment for an overdue traffic fine depends mainly on the amount of the overdue fine and the period of delay. In case of failure to pay fines on time, the following measures are applied to the debtor:
- If the amount of debt for fine payments is large enough, then the violator is included in the list of those persons who are prohibited from traveling to foreign countries.
- The resolution corresponding to the given case is sent by the bailiff to the territorial administration authorities, after which a complete list of violators is sent every week to the head office of Moscow.
- From the central government authority, the federal register will be transferred to the border service authorities. The duration of all manipulations may take no more than 14 days after the court bailiffs take the decision into force.
- The restriction of the right to travel may be appealed, but under no circumstances will the revocation take immediate effect. The decision can be canceled if the existing debt on fines is paid in full or if there is a court decision that the restriction is not legal. It takes some time to complete the cancellation procedure.
- Restricting the right to leave is not the only measure to combat violators. Bailiffs can send data to the debtor’s employer and through him decide on the payment of fines. In some cases, property owned by the debtor may be put up for sale.
Material penalties for failure to pay a fine
What fine does a debtor driver face for an overdue traffic fine? If payment of the fine is not made within the designated period (based on the information in Part 1 of Article No. 20.25), based on a court decision, the following measures may be applied to the debtor:
- Assignment of a penalty payment in the amount of twice the unpaid amount (from 1 thousand rubles and above).
- Arrest of the violator for up to 15 calendar days.
- Forced work for up to 50 hours.
Accordingly, it will not be possible to ignore penalties in the amount of 100 rubles, since late payment will result in a further sum of 1 thousand rubles.
Can a driver be deprived of his license for failure to pay fines?
Deprivation of rights for unpaid traffic police fines is carried out in the following cases:
- If the accumulated amount of debt for penalty payments is more than ten thousand rubles.
- A similar measure is used to evade alimony payments.
- The validity of the certificate is suspended in the event of failure to comply with court decisions in cases of social significance.
- Rights are temporarily withdrawn if payment is not made as compensation for damage caused by the loss of a family breadwinner or damage to health.
Temporary deprivation cannot apply to the following categories of persons:
- For those drivers who use a car as the only source of family income.
- For car owners with group 1 or 2 disabilities.
The above measures were taken on January 15 of this year, 2016. An order of temporary deprivation can only be issued by a judge on the basis of a court decision. If the debt on fines is fully repaid, the driving license must be returned immediately.
Using the vehicle registration data on the official website of the State Traffic Safety Inspectorate, you can obtain information about the presence and amount of fines - gibdd.ru. If the database contains fines that have actually been paid, the driver can send a scanned version of the paid receipt using the form on the same website.
After what period of time will the fine be canceled?
- The statute of limitations for administrative traffic fines was previously 1 calendar year. It has now been increased to 2 years.
- Thus, the validity period of the traffic police fine of 24 calendar months begins its countdown from the expiration of the ten-day period that has passed since the decision was made. During this time, the offender can appeal the fine. If the driver does not do this, he is obliged to pay the amount in accordance with the decision.
What to do if you violate traffic rules?
So, if the driver violated traffic rules, it is recommended:
- Make payment of the fine within 60 calendar days from the date of the decision.
- If you disagree with the decision, the car owner can file an appeal.
- If the fine was previously paid and you do not have the receipt, the case may be extended in order to provide the paid receipt.
- The driver has the right to request confirmation from the bank of the unpaid fine.
- Printed material based on the traffic police database does not have legal force.
In addition to all the above data, the traffic police inspector may refuse to remove the driver’s car from the traffic police register or to register a personal vehicle after purchasing it with the service. The legislation of the Russian Federation does not provide for such a measure of pressure on violators, however, one should not hope that traffic police officers will miss this opportunity and not do it.
Source: http://avto-femida.ru/order/fine/shtrafyi-gibdd-sroki-i-poryadok-oplatyi-nakazaniya-za-neuplatu-shtrafov.html
What is the statute of limitations for a traffic police fine? :
Many people are interested in the statute of limitations for traffic fines. The topic is quite interesting for the entire population - both for debtors and for drivers who were illegally (in their opinion or in reality) given one or another fine.
Determining the answer is quite easy. However, traffic police fines have a number of features. And you need to know about them. Only then will it be possible to answer the question posed fully.
So what knowledge should citizens have?
Is there a deadline
For example, does a statute of limitations really exist in this situation. In Russia, some requirements can be appealed at any time. Therefore, the first thing you will have to understand is whether there is a statute of limitations for traffic police fines.
Experts answer that it does occur. And always. That is why it is necessary to know about the restrictions on payment and appeal of invoices. It is also recommended to pay attention to the fact that the limitation period for the type of claim in relation to traffic police fines may vary.
The answer to the question posed will depend on what exactly we are talking about: paying a debt or appealing an invoice. This factor plays a huge role. But one thing can be said with certainty: there is a statute of limitations for fines.
And it is actively used by both law enforcement agencies and the population.
About the appeal
First, it is recommended to deal with the issue, which often helps to get rid of unnecessary payments. The first step will be to consider a situation in which a citizen was fined illegally, and he wants to appeal it. This possibility exists, but only for a limited period of time.
What is the statute of limitations for traffic police fines in this situation? The driver has only 10 days to appeal the decision.
If during this time a person does not file a claim or claim with the traffic police, then he will no longer have such an opportunity.
So you have to hurry! At the moment, judicial practice in Russia indicates that it is quite possible to appeal a fine issued, especially when it comes to video cameras recording violations. And it is recommended to use this chance.
Payment deadline
The statute of limitations for a traffic police fine is an important component. But some people confuse it with the period allotted for paying the issued receipt. In fact, they are not the same thing. The difference is quite serious. But you will also have to find out about the deadlines for payment. In particular, this is important if we are talking about a fine imposed on legal grounds.
The driver is given 60 days to pay the bill. After this he will have debt. This must be remembered. Plus 10 days is the time allotted for appealing the decision. Ultimately, you have 70 days to pay. It is recommended to meet this deadline if the fine was issued legally.
How long can you avoid paying?
However, it is worth paying attention to the statute of limitations for traffic fines after the 70 days allocated for payment have expired. The fact is that some people prefer to avoid issued receipts. This is not entirely fair and legal, however, this practice occurs.
If you want the issued receipt to “burn”, then you can wait a certain period of time. Which one? How long is the statute of limitations for a traffic police fine? Currently in Russia it is two years.
If 24 months have passed since the court decision, then the issued receipt “burns out.” And you won't have to pay for it. In fact, this is exactly the amount of time allotted to clear an unpaid traffic fine.
The statute of limitations is therefore approximately 26.5 months from the date of receipt of the receipt.
Trial and violation
But this is not all the features that the driver must take into account. The fact is that the period of time being studied has some nuances. They are mentioned in the Code of Administrative Offenses of the Russian Federation. For example, the statute of limitations has a deadline within which it is necessary to meet the decision to issue a fine.
It is indicated that no more than 3 months should pass from the moment of violation to the issuance of a receipt for payment in court. Otherwise, the fine cannot be collected. If the traffic police issues a ticket, you don’t have to pay for it. Even when it comes to a committed offense.
Now it’s clear why it’s so important to understand the statute of limitations for traffic police fines. Not always and not all receipts sent require urgent payment. And this makes some citizens happy. Especially if they didn't actually break the rules. This way you won’t have to deal with the traffic police in court once again. But that is not all!
Non-payment and violation
The statute of limitations for traffic police fines can sometimes help avoid any payments in principle. As well as appeals in court. Why? According to the legislation established in Russia, there are special rules for imposing a fine.
It is established that no more than 60 days should pass from the moment of the direct violation to the date of issuing a monetary penalty (primary, pre-trial). Or, as indicated in the Administrative Code, no more than 2 months.
If the fine is issued later, it does not need to be paid at all. Such a receipt is legally invalid.
There is nothing to be afraid of, you need to clearly understand your rights! Every driver should know about them.
Responsibility
Despite everything previously said, you will have to be prepared for the fact that failure to pay the fine entails certain consequences. Therefore, many recommend not to ignore legally issued payments. What should drivers prepare for?
If the statute of limitations for a traffic police fine has begun to apply, then you should know that the debt leads to the arrest of the driver for 15 days, or the fine increases by 2 times. But the minimum increase cannot be less than 1,000.
Also, in some cases, for non-payment of the issued receipt, you will have to work forcibly. The exact deadline will be set by the court. But according to the rules established in Russia, it cannot be more than 50 hours.
Of course, you won’t be able to drive a car in this case. More precisely, it is dangerous for the defaulter. In some situations, debtors' rights are taken away. Not exactly a legal measure, but it takes place. In fact, for the fine to “burn”, you will need to hide from law enforcement agencies for a little more than 2 years. And you can forget about traveling for this period.
Results
We hope it is now clear what the statute of limitations is for traffic police fines. In fact, everything is not as difficult as it seems. The main points from all of the above can be briefly described as follows:
- You have 10 days to appeal the fine. You must contact either the traffic police or the district court.
- Payment of the receipt – 70 days. Of these, 10 days is the appeal period.
- The statute of limitations for fines for traffic violations is 24 months. Afterwards the bills “burn out”.
- You may not pay payments that arrived later than 2 months after the violation was committed. You need to look at the date the fine was issued.
Source: https://www.syl.ru/article/270347/new_kakoy-srok-davnosti-shtrafa-gibdd
Statute of limitations for traffic police fines and what happens if you don’t pay the fine
It is always so tempting not to pay, not to pay for goods, for fines, or simply not to pay at all... Is this possible, and will the proverb about free cheese in a mousetrap be confirmed? It is these alternatives that we want to talk about in our article.
We will look at the possibilities of evading administrative liability and give reasons why it is still worth paying a fine and living in peace. Although the final choice will be yours.
So, according to official statistics, only about 60% of fines issued for violating traffic rules are paid by motorists. What about the remaining 40%?
Essentially speaking, there are two options for behavior and outcome of events. Let's remember the proverb again - it's either hit or miss. The first is when fines are simply not paid, or, more simply put, the fines are ignored. As a result, at the end of the statute of limitations, they are simply canceled. The second is when the fine is paid immediately or is collected through bailiffs.
So what should you do!? Pay the fine or try to ignore it? The answer to these questions is an individual decision for each of those brought to administrative responsibility. We will not motivate or explain why it is necessary or not necessary to pay fines.
Firstly, because we ourselves do not know the initial circumstances of what happened, as a result of which a fine was issued. Secondly, as we have already said, this is a purely personal matter for everyone, until it develops into a new administrative offense - failure to pay a fine...
Statute of limitations for traffic police fines for violating traffic rules and possible sanctions
Starting in April 2012, our legislators decided to change the statute of limitations for not paying fines. So previously it was 1 year, but in 2011 Article 31.9 of the Code of Administrative Offenses of the Russian Federation was amended under edition No. 71. The main change concerns the statute of limitations for administrative liability of citizens.
If previously it was one year, as we have already talked about, then since 2012 this period has become 2 years. So, at the moment, the statute of limitations for unpaid fines is TWO years.
To quote Article 31.
9 of the Code of Administrative Offenses of the Russian Federation “Limitation of execution of a decision on the imposition of an administrative penalty” in this edition, it states the following:
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 force (as amended by Federal Law No. 71-FZ of April 21, 2011)2. The running of the statute of limitations provided for in Part 1 of this article is interrupted if a person brought to administrative responsibility evades execution of the decision to impose an administrative penalty. The calculation of the statute of limitations in this case is resumed from the day of discovery of the specified person or his things, income, on which, in accordance with the resolution on the imposition of an administrative penalty, an administrative penalty may be applied.3. In case of deferment or suspension of execution of a decision to impose an administrative penalty in accordance with Articles 31.5, 31.6, 31.8 of this Code, the limitation period is suspended until the expiration of the deferment or suspension period.
4. In case of installment execution of the decision on imposing an administrative penalty, the limitation period is extended by the installment period. |
If you noticed, then the second part of the article “works” to actually extend the period of possibility of levying a fine, and thereby the statute of limitations for them. So, if it is proven that you are evading payment of a fine, the period will be extended for the period during which the driver evaded payment.
Of course, in a particular case, if traffic police fines are not paid, bailiffs are not mentally and physically ready to collect and legalize material about your evasion. This part 2 of Article 31.9 of the Code of Administrative Offenses of the Russian Federation exists only nominally, with minimal practice of application.
However, it is worth noting that the main real problems may arise when you begin enforcement proceedings, in case of failure to pay traffic police fines.
The bailiff may prohibit travel abroad (amount of more than 10,000 rubles), may collect fines from wages, or even sell the debtor’s property (the value of your property will be greatly underestimated).
In addition, problems may arise when contacting the traffic police, so when you decide to remove or register a car, the traffic police will refuse to do so. Until you pay the existing fines.
There is no article about influencing you by refusing any registration actions, but the traffic police will definitely use this leverage at the first opportunity.
What happens if you don’t pay a fine to the traffic police following enforcement proceedings?
Continuing to develop our idea about non-payment of fines, let's go further. Let's assume that you will not pay fines based on a court decision. That’s why there is Article 20.25 of the Federal Law “On Administrative Offences”, which states:
According to Article 20.25 of the Code of Administrative Offences, Part 1. Failure to pay an administrative fine within the period provided for by this Code entails the imposition of an administrative fine in the amount of twice the amount of the unpaid administrative fine, but not less than one thousand rubles, or administrative arrest for a term of up to fifteen days... |
As we can see, based on Part 1, in the end, at least another 1000 rubles may be added to the fine. It is worth noting the logical circumstance that, basically, paperwork is carried out in relation to significant amounts.
In addition, your punishment for failure to pay traffic fines may be arrest, which can become a more serious punishment for someone. It should be noted here that arrest cannot be applied to persons who are not subject to such punishment (pregnant women, women with children under 12 years of age, disabled people of groups 1 and 2, as well as teenagers).
In relation to them, the only sanction can be a fine.
In fact, such a measure of influence as a fine under Article 20.25 of the Code of Administrative Offenses can be applied only on the basis of a decision of a magistrate, as evidenced by Part 1 of Article 23.1 of the Code of Administrative Offenses of the Russian Federation.
But there is no need to be happy that this process is long and is resolved through the court, since the bailiffs have an alternative, namely, to use Article 112 of the Federal Law “On Enforcement Proceedings”. So in part 3 it says:
The enforcement fee is set at 7 percent of the amount to be recovered or the value of the recovered property, but not less than 1000 rubles from the debtor - citizen or debtor - individual entrepreneur... |
In general, our performers have alternatives, but violators do not have many of them. So let's say the prospect of non-payment of a fine for a decent citizen who has a bank account is very gloomy.
The fine can be increased both under Article 20.25 of the Code of Administrative Offenses of the Russian Federation and under 112 of the Federal Law “On Enforcement Proceedings” by 1000 rubles.
Most likely it will be 112 Federal Laws (executive fee), since our bailiffs will not want to “bother” with the courts at all. These are the realities of our life.
How bailiffs can collect a fine if you do not pay it
Even if you are not going to pay, the bailiffs know that you have bank accounts. Usually they have such information about salary cards, then a fine will be collected in accordance with clause 5 of Art. 70 of Law No. 229-FZ “On Enforcement Proceedings”. It is this document that guides our law enforcement officers.
...The bank servicing the debtor's accounts is obliged to fulfill the requirements contained in the writ of execution for the collection of funds... |
Simply put, if you have a bank account with a sufficient amount, and the bailiffs know about it, then the amount of the fine will simply be written off from it.
It’s good if you have a mobile bank and you will receive an SMS notification about what the money was spent on, but if not, then you will think for a long time that you did not pay the fine, and perhaps you will pay it again.
Here it should be noted that the amount can be written off taking into account the “Executive fee”, that is, plus 1000 rubles, which we talked about in the previous paragraph.
The actual state of affairs regarding non-payment of fines and the statute of limitations for them
In general, whether they charge you a fine or not, it’s a game of roulette. There is no guarantee regarding any of the possible scenarios, but if you are planning to travel abroad in the near future, or to deliver or deregister your car, then it is more likely that you will not only have to pay the fines, but you will have to do it.
At the very least, this will guarantee your peace of mind and saved time.
It is also interesting to note one more fact. Fines are collected only from citizens who, so to speak, lead a social lifestyle. Simply put, they have bank accounts, some property, etc. If a person has nothing, that is, nothing is registered on him, then there is nothing to ask of him.
That is, in fact, he may not be held accountable for his misdeeds, so it turns out...
Source: http://www.AutoSecret.net/avtoshkola/zakon/1154-srok-davnosti-po-shtrafam-gibdd