In all Russian cities, in order to control and prevent crime , video cameras and photo cameras were installed. Systems around the clock monitor the situation on the roads. If a robotic technique captures an unlawful driver’s maneuver, the latter receives a message with a photograph and a receipt to pay the fine. In the people it received the name "letter of happiness". As a rule, drivers prefer to pay receipts and forget about them. But there are times when they consider the offense recorded by the camera to be unlawful. The question arises: how to challenge the traffic police fine from the camera? We will talk about this in the article.
Which authority to complain to?
In case of disagreement with the decision, the driver has the right to appeal it within ten days from the moment he received the document in his hands in the form of a registered letter. The date from which the deadline is calculated is considered to be when the recipient put his signature.
Letters of fines come with a notification of receipt. Also on the envelope they put the stamp of the departmental authority.
How to challenge the traffic police fine from the camera? What can be done in this case? The first is to contact the center for video and photo recording. The complaint is filed on the official website of the State Traffic Safety Inspectorate (there is a special section “receiving appeals”) or they write the corresponding application and submit it personally.
The timing
If the ten-day period that is given for filing a complaint has expired, but the car owner did not have the opportunity to use it, they file an application for the restoration of the term. In this case, documents are applied that confirm this fact (for example, evidence of a business trip, vacation or illness).
Also indicate the authority where to appeal the traffic police fine from the camera you are going to: the traffic police or the court. It also marks the date and number of the decision, arguments proving the innocence of the driver. So, if at the time of fixing the photo or video camera of the car there were witnesses, they must be mentioned.
Court proceedings
The complaint is considered within ten days. If it is submitted to the traffic police, then the decision on it is not final. Following this instance, they go to court.
Usually, a complaint to the traffic police is formal. In practice, its regulation is always valid. Therefore, do not be upset when you receive the appropriate document. How is the appeal of the traffic police fine from the camera further?
The district court is contacted at the place of the offense. He considers the complaint within two months. The arguments of other authorities are not taken into account.
If there were violations on the part of the traffic police, this must be indicated and attached to the case file. These become, for example, violations of the notice period.
If the traffic police told you that by signing the notice, you have agreed to a fine, this is not so. Signature means only the fact that you received the document and read the contents. But if it contains such columns as “I agree with the offense” or notes of the driver, then appropriate notes should be made there. Therefore, before signing the papers, they should be carefully studied. If there was no violation of the law on your part, there is every chance of reaching the truth.
How to prove innocence?
Consider what you pay attention to if you undertook to challenge traffic police fines from cameras. In the "letters of happiness" are reflected:
- shooting mode;
- time;
- speed;
- car owner.
First, they study whether the photo was taken in mobile or stationary mode. Make sure that the picture corresponds to reality (for example, that the car is moving, but not standing still during mobile shooting). If inaccuracies are identified, an official inspection of the inspectors is assigned.
Then look at the time and evaluate the situation at the time of the picture. For example, if there are several shots with different speeds and minimum time intervals, then the stop signal is reflected on the car. And if he is not on the frame, then there is reason to think about the good faith of the traffic police.
Of course, it is better if there is a registrar who records everything. This material is applied to the case in court. This fact is directly reported to the inspector before him, indicating that you will defend innocence.
It also happens that by the time the fine is received, the car is already sold. Therefore, do not throw out documents on the purchase - sale and acceptance certificate - transfer of the car. If it is proved that at the time the offense was committed, the car was in the ownership of another person, then liability is removed.
How to file a complaint?
Let's consider in stages how to challenge the traffic police fine from the camera.
First, we determine the body to which the complaint is filed. If the decision is made by the traffic police, they turn to their boss, and if the court, to a higher authority.
The document reflects the following information:
- the official or court where the case is pending;
- information of the person filing the complaint;
- details of the authority that issued the decision;
- sentence imposed;
- contested circumstances;
- legal regulations to which you refer.
Documents proving innocence are also attached and a complaint is signed.
The appendix is the testimony of witnesses, photographs taken, data from the navigator and the DVR, a copy of the contested decision.
Having prepared the document, it is transferred directly to the head of the traffic police or to the court. The complaint is submitted in person or through a legal representative. In the latter case, he must have a power of attorney drawn up by a notary. In addition, a complaint can be sent by registered mail. In this case, the filing date is the one indicated on the postal stamp.
These are the necessary steps to challenge the traffic police fine from the camera. After that, events develop according to one of the following options:
- the complaint is not satisfied, and therefore they will not amend the resolution;
- the decree changes, and with it the size of the fine;
- the decision is canceled, and the case is terminated;
- The decision is canceled, and the case is considered again.
Failure to pay a fine: consequences
Of course, the prospect of not paying a traffic police fine from the camera seems tempting. But this becomes possible only if you embarked on the path to asserting your legal rights, and they were really violated. If you want to put aside receipts "in the long box" and forget about them, then this decision is hardly the right one.
The deadline for payment of the fine is 60 days. And the statute of limitations for fines for traffic violations is 2 years. The decision comes into force in 10 days. Therefore, if you “remembered” the fine after two years and 10 days, then you don’t need to pay it, otherwise you will be punished. Cases with late fines are considered in court. The summons comes from there. If he is not at the meeting, it is postponed, but the next time it is considered without him, if he does not appear again. The fine can be doubled.
After the court makes a decision, the work rests with the bailiffs who charge fines. They are entitled, for example, to seize bank accounts or to recover the necessary amount from wages. If the requirements for payment are ignored by the violator, he is expected to have compulsory work or administrative arrest for half a month. But such a development of events is rather an exception to the rule.
50% payment
The innovation of 2016 was the ability to pay fines half as much as was written in the resolution. The measure is aimed at increasing the activity of drivers to pay them on time. This provision does not apply to all offenses, but only to those that are not serious. As a rule, they include those that are recorded in the "letters of happiness."
Some drivers are preoccupied with the question: how quickly do traffic police fines come from cameras and does this affect the time limits prescribed by law? Dates begin to be considered only from the moment when the offender receives a registered letter. But he can also go to the official website of the STSI and check for fines there.
Legal framework
Letters received by drivers who violate traffic rules and are recorded by CCTV cameras are regulated by the Code of Administrative Offenses, namely Chapter 12.
According to the code, the offender must pay the fine, which was imposed as a result of fixation by a surveillance camera.
At the same time, if at the time of fixing the car was stolen, sold or was in use of another person, the car owner is released from liability. However, he must prove this fact.
The notice is received in the proper form. Otherwise, even if the person is guilty of an offense, he has the opportunity to challenge the decision through the court.
Conclusion
Thus, protection from fines from the traffic police cameras is provided. What to do when you receive a "letter of happiness", you decide. If you understand that you have committed an offense, then the best solution is not to find ways to protest the traffic police’s fine from the camera, but to pay the fines on time. But when you are clean before the law, it is more correct to assert your rights. The law is then on your side.