Video recording of traffic violations as evidence. How to appeal a fine from a video recording camera

Video recording of traffic violations is a modern method for detecting dishonest drivers. It helps to quickly find and punish someone who violated the rules of the road. This is a new way of keeping order, which makes life easier for traffic police, but causes a lot of problems for drivers. After all, it is often necessary to deal with the appeal of the decision. Especially if there really was no violation. Or it was erred. What about video recording? Is it really possible to appeal a fine that was issued using a similar tracking system? What will a citizen need in order not to pay? And how to set up road tracking cameras? All this is worth sorting out. Only then will it be possible to fully understand how to properly appeal the fine issued with the help of video fixation, and whether it is worth doing it at all. Maybe there is no point in contacting the appropriate authorities!

What cameras are watching

The first thing to understand is under what circumstances it is the system of video recording of traffic violations that can help impose a fine on a citizen. More precisely, what exactly are the cameras monitoring. Maybe the fine was imposed illegally? Many drivers hope so.

Only disappointment awaits them. The system of video tracking for citizens at the moment is able to "see" absolutely all the nuances of behavior on the road. Among what the cameras follow, we can distinguish:

• vehicle speed;
• parking rules ;
• bus stop on the side of the road;
• highlighted lanes.

As practice shows, the video recording complexes of traffic violations are not affected by the accident rate. That is, this system is designed to monitor the correct movement on the road, as well as for timely punishment of drivers. A very good way to replenish the state budget. Only particularly attentive citizens can appeal the fine imposed. The main thing is to properly prepare for the judicial debate.

Where to exhibit

The next point is that the video recording of traffic violations was not invented at all to reduce road accidents. And, as already mentioned, mainly to punish negligent drivers. And the cameras of autonomous movement are far from everywhere. You need to know where to meet them. Then in these areas it will turn out to behave more carefully. It should be noted that cameras are located in all cities. But not in every corner, but only in specially designated places. Where exactly? At the moment, video recording systems for traffic violations can be found:

• at level crossings (both with and without barriers);
• at intersections and pedestrian crossings, which are regulated by traffic lights;
• at simple pedestrian crossings (in small cities not everywhere);
• in places of roads where vehicles are prohibited;
• where it is not allowed to make turns and turns;
• on road sections where overtaking of vehicles is prohibited;
• in areas with established speed limits;
• in places where either stops or parking are restricted;
• in residential areas (zones), where there are restrictions on the entry of vehicles;
• on road lanes allocated for route transport;
• at all traffic lights.

Accordingly, in other places it is almost impossible to meet photos and video recordings. Another point that needs to be taken into account is that drivers are usually warned about surveillance. But even if there is no “Video Fixing” sign anywhere, this does not mean that the photo and video fixation of traffic violations does not take place on a particular section of the road. In all of the above options, a corresponding warning sign may be omitted. This is not a violation of the law.

Is there a chance of appeal

Now that it’s clear what traffic violations are recorded by video recording cameras , as well as where these systems are located, you can think about appealing “letters of happiness”. Many drivers do not dare to take such a step. Or they think for a very long time about whether there is any chance at all of proving their innocence. Does it really make sense to contact the relevant authorities in order to appeal the fine?

Yes. If there was an automatic video recording of traffic violations, everyone has the right to prove their innocence. You should not be afraid. The main thing is just to properly prepare for the process. Drivers even have a chance to win business. You just have to find out first all the details of the appeal. And understand how to behave in a particular situation.

Not his

For example, recently, more and more such incidents have begun to occur, such as a fine that has arrived “for no reason”. That is, video recording of traffic violations occasionally gives failures. Is it worth paying for a “letter of happiness” if it does not come in the name of a citizen residing at a particular address?

Not. In this case, it is recommended that you contact the traffic police of the recipient's area of ​​residence as soon as possible. The passport and the fine received are presented to this authority. Everything else is left to law enforcement officers. They will no longer have to bother the appealing citizen with a fine. In any case, if the receipt of payment does not come in the name of the real recipient, you should not pay it. And if the traffic police refused to take the payment system for unknown reasons, and even demanded to pay the invoice, you can go to court. Such cases are extremely rare in practice.

Why mistakes happen

Means of video recording of traffic violations is a pretty serious system. But she still crashes. And mainly due to the fact that the work system is not fully debugged. The thing is that video recording (as well as fixing violations in the photo) occurs, as already mentioned, in automatic mode. That is, the funds themselves "catch" the violation, then compose a photo and video report. Next is the automatic processing of the received data. The computer analyzes the vehicle number obtained in the pictures and video reports, independently searches for it in the database, then generates a fine report. And after that sends it for manual check.

Further, video cameras for traffic violations do not play a role. Now there is a manual check of the received information. Most often not too high quality. After all, the systems themselves provide not too clear pictures. Yes, and a person can not make out the number of the vehicle.

After passing two types of checks, the fine written by the computer is sent to the traffic police inspector. He signs the relevant decree, after which the “letter of happiness” is sent to the potential offender.

It is precisely because of such a poorly developed verification system that errors cannot be ruled out. Neither the technician nor the person is able to 100% correctly determine the vehicle number in some cases. Because of this, letters are sent to the wrong citizens. Or cameras record a violation that actually did not take place. Therefore, having received a fine using the video fixing system, you can safely go to court for an appeal. Especially if the citizen did not actually break the rules!

Terms of appeal of a fine

Video recording of traffic violations is a system that sometimes crashes. Therefore, the fines that were issued using it can be appealed. Certain problems can arise with this, but the very fact of the possibility of protecting one's own rights does occur.

If a citizen received a “letter of happiness”, he is in any case able to complain about the decision. Only the period for appeal to the appropriate authorities is too small. A citizen is allowed to appeal only 10 days from the receipt of the corresponding fine.

The main feature is that usually all payments that must be collected from a citizen for traffic violations are sent with a notification of receipt of a receipt. Some people prefer not to sign this document. Until the time of signing, the letter of happiness will not be considered received. This means that the countdown of the time put to appeal against the decision will not begin.

It is recommended that you do not immediately go to court. You can quickly go to the head of the traffic police. See what the video recording of traffic violations shows and refute the penalty. In the course of such treatment, the payment may be canceled. But this is a rare occurrence. Usually the appeal to the traffic police does not give any sense, it only interferes with the appeal to the judicial authorities. Therefore, many prefer to immediately sue. Especially if there was really no violation. It should be remembered - there is only 10 days to write an application from the moment of receipt of the corresponding fine. And nothing more. Otherwise, you will either have to completely ignore the penalty issued, or pay for it. But the possibility of appeal will no longer take place.

Where to go

Where exactly should a citizen who received a "letter of happiness" from the traffic police appeal? It has already been said that it is possible to apply with a refutation to the appropriate authority, which sent the fine to the recipient. But in practice, usually this technique does not give any significant result. Therefore, we have to go a different way.

To compose a “letter of happiness”, video recording of traffic violations was applied. Penalties are issued and forwarded to recipient vehicle owners. Where should citizens go who disagree with the decision? Of course, to court.

More precisely, the district courts are involved in these cases. You must contact the appropriate authority in the area where the traffic police sender of the "letter of happiness" is located. Writing a statement is required no later than 10 days after receiving the fine.

Only a district court can come with a statement of claim. In all other instances, citizens will simply be denied acceptance of documents. We will have to seriously prepare for the trial. After all, the photo and video recording of traffic violations is practically irrefutable evidence. And they will have to appeal.

In the home

The rules established in Russia indicate that the mandatory video recording of traffic violations can be appealed against within 10 days from the moment a citizen receives a fine for a violation. Where to go This is already clear. Now you can pay special attention to the specifics of the court session.

The thing is that the laws of the Russian Federation say: when appealing a fine, the owner of the vehicle will have to prove his innocence. If possible, no payments will be made. Otherwise, the claim is not satisfied. The presumption of innocence does not work here. Only independent evidence.

So, you need to prepare well for the process. Indeed, far from always cameras for recording video traffic violations correctly record information that actually took place. It is advisable to prepare in advance, not to travel on the road until a thorough safety net is made. How can one prove one's own innocence in court in the situation under study?

Evidence of innocence

This is perhaps the most difficult question. Video recording of traffic violations in Moscow and other cities is working successfully. But quite often drivers began to appeal to the courts with complaints. After all, this computer system is not universal. And often fines are issued erroneously. What measures can be taken to protect yourself and your vehicle from such incidents?

The first thing you can advise is to install a camera in the car. Better yet, a DVR. It will help to fix everything that happens on the driver’s side. After all, far from always video capture cameras are installed at the right angle. Maybe in fact there was no violation, but the installed equipment stubbornly recognizes it. Then the DVR will help to prove innocence.

The next moment is the discovery of witnesses who could confirm the correct behavior of a citizen. Often, the video recording system for traffic violations does not correctly recognize vehicles. As a result, fines come to the wrong owners. For example, the recipient of the fine was sitting at home, and the camera recognized his car on the highway overtaking in a place where this is prohibited. In this situation, witnesses will greatly facilitate life. Especially if it will be citizens disinterested. For example, people from the street or neighbors. Having witnesses is a good way to win a trial.

In some situations, even after applying to the judicial authorities, it is recommended to conduct an examination of images and videos that were obtained through the video recording system of traffic violations. It may be found that the materials provided are of poor quality. And they are not able to serve as evidence of a violation of the rules of the road. By the way, this is a very common situation. Especially when you consider that the video recording of traffic violations (Chelyabinsk or any other cities - it doesn’t matter what area they are in) is far from the best quality pictures and videos. Sometimes, in principle, one or another number can hardly be seen on them. This will help win the case.

Documents for the court

Now that there is evidence, you should go to court with the appropriate package of documents. What exactly will have to be presented? The package of papers may vary depending on the situation. Most often, the plaintiff is required to:

• a statement of claim with a detailed description of the situation and an indication of the article on which the fine came;
• received "letter of happiness";
• contact details of all witnesses who can help investigate the case;
• citizen's identity card;
• the results of the examination of photos and videos;
• videos and pictures from a personal DVR;
• other evidence of innocence.

The appeal must be reviewed within 10 days. And the citizen will be assigned the date of the court hearing in the case, during which the video recording of traffic violations will be appealed. If one succeeds in proving his innocence, payment from the citizen will not be exacted. Otherwise, you will have to pay a fine. Therefore, it all depends on the evidence presented.

Arbitrage practice

Will a video recording of a violation of traffic rules be a guarantee of a plaintiff’s failure? Not. In fact, in Russia recently, very often, drivers have begun to apply to the court with relevant complaints. Only in some situations you have to try pretty hard to prove your innocence.

For example, problems may arise if a fine is issued for speeding. It is difficult to prove that a citizen was moving within the permissible norm. This will require a minimum of 3 images from the video capture camera.

You should pay attention to which cameras recorded the violation. There are mobile models. They serve to display violations committed while driving a vehicle. And there are stationary. They are necessary for recording violations committed with a "simple". If the notification received indicates that the type of camera is stationary, and the charge is directly related to a moving car, the images received are invalid. They cannot serve as evidence of guilt. Therefore, the court in this case is more likely to take the side of the plaintiff.

In general, judicial practice shows that in about 50% of all cases of going to court appealing fines for traffic rules made using automatic video recording, citizens succeed. The main thing is to prepare correctly and not be afraid to assert your rights. The most difficult case is, as already mentioned, to prove speeding. But here you can find a way out of the situation.

After the trial

What to do after the trial? It all depends on the situation. The thing is that if the video recording of traffic violations was recognized as incorrect, then the plaintiff does not need to do anything. It is enough to keep a court decision.

But it also happens that the lawsuit is not satisfied. It is impossible to prove the innocence of a person. Then you have to pay for the receipt. How much time is allotted to this? 30 days. Within a month from the date of the court decision, you will have to pay a fine for violating traffic rules.

Many in practice refuse to make such payments. It should be remembered that the limitation period for such cases is 3 years. If you do not pay money for a given period of time, then the fine will "burn out". But before that, it will take 3 years not to drive a car, and also to hide from law enforcement agencies.

That's all. Now it’s clear what are the rules for video recording of traffic violations, how a fine is generated using this system, and how to behave to a citizen who has received a “letter of happiness”. In fact, everything is not as difficult as it seems.If a person is not really to blame, one can really prove his innocence. Only a lawsuit will have to be filed immediately. Otherwise, you will have to pay the invoice in full.