The traffic police fines fixed by CCTV cameras and received by registered mail by mail have long been called “letters of happiness” among the people. According to the current legislation, the car owner is obliged to pay them within the period established by law. But what if the driver did not commit an offense? How to challenge the traffic police fine?
Camera offenses
Devices that drivers see on poles and other structures near the road are a police radar + photo or video camera. The principle of operation of the radar is echolocation, with the help of which the speed of wave delay is determined.
Along with this, the state license plates of the car are recorded with the aim of further presenting the requirement to pay the fine to their owners.
Cameras are capable of recording such offenses as:
- over speed;
- intersection of a double solid line;
- parking in places not specified for this;
- exit to the oncoming lane;
- violation of the rules of overtaking;
- other cases.
Where to go?
So, if you received a “letter of happiness” and consider the accusation erroneous, we will figure out what to do and how to challenge the traffic police fine. There are two options where to go:
- a higher official (head of the traffic police unit);
- court.
The first instance, rather, is formal, since in practice almost all regulations remain in force. But in court it is really possible to prove innocence. Cases based on fines from traffic police cameras are examined by the district court at the place of the offense. Therefore, there they send a complaint.
Terms of appeal
According to the law, it is possible to challenge the fine within ten days from the moment the letter is received. At the same time, they do not mean working days, but a day. “Letters of happiness” come in a custom-made manner, which means they are handed in personally. Thus, only after you sign that you have received an envelope, a ten-day period begins to count down.
However, if for good reason you did not submit documents during this period, the restoration of the deadline is possible. Then they write a statement and indicate the reasons why 10 days were not enough to appeal. Documents proving this fact are attached to it.
Best CTP
For those who are looking for how to challenge the traffic police fine, the insurance will be an insurance policy issued to an indefinite number of people who are allowed to drive a vehicle.
Another option may be a policy in which at least some persons are entered, except for the car owner. If only the car owner is attributed in the insurance, then the proof is much more complicated.
Despite the cancellation in 2014, the power of attorney was not officially abolished. Therefore, she is shown as evidence of her innocence.
Prove innocence
So, if the question of where to challenge the traffic police fine is resolved, a complaint is drawn up, to which the following documents are applied:
- a copy of the envelope and the resolution on the offense;
- printout from the official website of the Russian Post;
- a copy of the insurance policy;
- photos and videos, if any;
- data and testimony of witnesses, if any.
In addition to the traffic police unit and the district court, there is also a center for automatic fixing of offenses. If you are 100% sure of your innocence, contact there with a statement - a request to conduct an audit of this fact. In this case, after the time established by law, the issue of the legality of the fine is decided.
If the driver receives a fine for the operation of the car, which by that time he is no longer the owner, you should contact the traffic police at the scene of the incident and file a complaint there. A copy of the contract of sale is attached to it, where the fact is fixed that from a certain date the owner of the car is another person.
Over speed
Most often, in “letters of happiness” car owners will be fined for speeding. Each locality has its own speed limit, which drivers must observe.
In this case, undertaking to contest the fine is advisable if:
- there is full confidence in their own innocence - then they require a check of the technical compliance of the device that recorded the violation;
- it is impossible to see the state number in the photograph;
- another person was driving;
- for one offense several fines are charged;
- the presence of another car next to the car - because of this there is reason to doubt the installation of the real offender.
Unfortunately, it is impossible to challenge the fine for speeding using your fixation means, since the DVRs are not certified in Russia. Therefore, priority in this case is given to the traffic police system. However, you can request information about the timing of the device check.
Stop line
A stop line is a sign that warns the driver to stop. Due to arrival, emergency situations are created for her. Due to the fact that many drivers violate this rule, cameras are installed next to the stop lines. Protest an offense is possible in the following cases.
- The state license plate number is not clearly visible.
- Another driver was driving.
- For the offense a few fines are recovered.
- There was no collision with the stop line.
In the latter case, it sometimes happens that the camera captures the car’s collision with the stop-line, but in reality it was only covered by its bumper. Then there is a real chance to challenge the fine.
In addition, if it was not possible to make an emergency stop without creating an emergency, the offense can also be challenged.
Roadside
This is a section of the road adjacent to the carriageway. There are still a lot of drivers who prefer to drive along the sidelines to save time when there are traffic jams on the roadway. This ride also creates emergencies. Surveillance cameras installed on the roads monitor these actions. In this case, it becomes possible to challenge the fine if:
- there are several fines for a single offense;
- another driver was driving;
- the car drove to the side of the road to stop, but was forced to continue driving so as not to create an emergency;
- the license plate of the car is not clearly visible.
Improper parking and other offenses
Another frequent offense is parking in unidentified places. Cameras can fix such a parking. How to challenge the traffic police fine for improper parking? This becomes possible if:
- 2 or more fines for one offense are imposed on the car;
- nearby there are no signs that parking is prohibited;
- and if the sign exists, then the driver could not see it physically (for example, due to the fact that the sign is hidden behind the foliage).
Theoretically, it is believed that the camera is able to record all offenses of motorists who fall under the "field of view". But did anyone actually receive a “letter of happiness” for such offenses, such as tinting? How to challenge the traffic police fine for tinting?
Under the new rules, if a traffic police officer stopped the car on this occasion, it is enough for the driver to remove the tint with him in order to avoid punishment. Otherwise, a warning is issued before the fine. How can this procedure be implemented with a camera? Apparently, no way.
Many cameras are installed at traffic lights and pedestrian crossings. But can a pedestrian offense be recorded? How to challenge the traffic police fine for a pedestrian? For the first time, a similar system was tested in Zelenograd, and its results were positive. In fact, the offense is recorded if the driver did not slow down, approaching the passage, but, on the contrary, increased it. Then the chances to challenge the decision are void.
How to challenge the traffic police fine
So, if there is sufficient reason to protest the decision that came with the “letter of happiness”, contact the court. This category of cases exempts from the need to pay state fees.
The complaint indicates all circumstances. Firstly, they note who was driving the car. If he was not a car owner, then for another person the responsibility may not come. Indeed, in this case, the judge must send the case for further investigation, and the relevant traffic police unit - to do this. But it is unlikely because of the small size of the fine they will take up such work.
If the owner wants the penalty to be removed from him and he has evidence that he was not driving the car, then this should be indicated. The best reason will be the testimony of the driver who was driving.
Documents are presented to the court:
- personally through the registry of the court (the car owner has the right to do this by presenting the relevant documents);
- by mail with a valuable notification letter.
Conclusion
If the penalty received is lawful, then it is better to pay it. If you do this within 20 days from the receipt of the “letter of happiness”, then payment under the new rules will be only 50%. If put aside in a long box, without making any attempts to challenge the decision, then the fine may be increased.
However, in cases where there is confidence that the law has not been violated, it makes sense to take the burden of proof. But do not miss the court session. If they transfer it once, then they will consider it a second time in your absence. In this case, it is likely that the decision will not be made in favor of the petitioner.