Videofixation of traffic violations as evidence. How to appeal a fine from a video fixing camera

Video fixation of traffic violations is a modern method of detecting dishonest drivers. He helps quickly find and punish someone who has violated the rules of the road. This is a new way of tracking the order, which makes life easier for traffic police, but it gives a lot of problems to drivers. After all, we often have to appeal the decision. Especially if in fact there was no violation. Or it was rendered erroneously. What about video fixing? Is it possible to appeal a fine that was issued with the help of such a tracking system? What will a citizen need to avoid paying? And how correctly to arrange cameras for tracking roads? In all this it is worth investigating. Only then will it be possible to fully understand how to properly appeal a fine written out with the help of video fixation, and whether or not it should be done at all. Maybe there is no point in referring to the appropriate authorities!

What are the cameras monitored for?

The first thing that should be understood is under what circumstances it is the system of video recording of violations of traffic rules that can help to impose a fine on a citizen. Or rather, what is specifically monitored by the cameras. Perhaps, the fine is imposed illegally? Many drivers hope for this.

Only they are disappointed. The system of video tracking for citizens at the moment is able to "see" absolutely all the nuances of behavior on the road. Among the things that the cameras follow, one can distinguish:

• Vehicle speed;
• Parking rules ;
• Stopping traffic on the roadside;
• Allocated lanes.

As practice shows, for the accident rate, the video fixing of traffic violations does not affect. That is, this system is designed to monitor the correctness of traffic on the road, as well as for the timely punishment of drivers. A very good way of replenishing the state budget. Only particularly attentive citizens can appeal a fine. 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 invented not at all to reduce accidents on the roads. And, as has already been said, mainly for the punishment of negligent drivers. And far from everywhere there are cameras of autonomous movement. You need to know where you can meet them. Then on the specified sites it will turn out to behave more cautiously. It should be noted that the cameras are located in all cities. But not in every corner, but only in specially designated places. Where exactly? At the moment, complexes of video recording of traffic violations can be found:

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

Accordingly, in other places it is almost impossible to meet photos and video fixing. Another point that should be taken into account is that drivers are usually warned about shadowing. But even if there is no sign "Video fixing" anywhere, this does not mean that the photo and video recording of traffic violations do not take place on this or that road segment. In all of the above, the corresponding warning sign may not be present. This is not a violation of the law.

Is there a chance for an appeal

Now, when it is clear which violations of the traffic rules are fixed by video cameras , as well as the places where the data of the system are located, one can think of appealing "letters of happiness". Many drivers do not dare to take such a step. Or a very long time thinking about whether there is any chance at all to prove his innocence. Does it really make sense to apply to the appropriate authorities in order to appeal the fine?

Yes. If there was an automatic video recording of traffic violations, everyone has the right to prove his innocence. You should not be afraid. The main thing is just to properly prepare for the process. The drivers even have a chance to win the case. Only have to learn all the details of filing an application for appeal first. And understand how to behave in this or that situation.

Not your

For example, recently such incidents as the "no-charge" penalty have become more frequent and frequent. That is, the video recording of traffic violations from time to time, malfunctions. Is it worth paying a "letter of happiness" if it did not come to the name of a citizen who lives at a particular address?

No. In this case it is recommended to apply to the traffic police of the residence area of the recipient as soon as possible. A passport and a fine are presented to this body. All the rest is left for law enforcement officers. They will no longer have to bother the person applying for a fine. In any case, if the payment receipt does not come from the name of the real recipient, you should not pay it. And if in the traffic police for unknown reasons refused to withdraw the payment, and even demanded to pay the bill, you can apply to the court. Such cases rarely occur in practice.

Why do errors occur?

Means of video recording of traffic violations - this is a fairly serious system. But it still fails. And basically because the system of work is not fully debugged. The thing is that video fixing (as well as fixing the violation on the photo) occurs, as already mentioned, in the automatic mode. That is, they themselves "catch" the violation, then compose a photo and video report. Then, the received data is automatically processed. The computer analyzes the vehicle number received on the pictures and video reports, independently looks for it in the database, then generates a fine report. And after that sends it to a manual check.

Next, video cameras fix violations of traffic rules 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 very clear pictures. Yes, and a person can not see the number of the vehicle.

After passing through two types of checks, a computer-generated fine is sent to the traffic police inspector. He signs a relevant decree, after which the "letter of happiness" is sent to a potential offender.

It is because of this not too well-developed verification system that errors are possible. Neither the technician nor the person is able to 100% correctly identify the vehicle number in some cases. Because of this, letters are sent to the wrong citizens. Either cameras fix a violation, which in fact did not take place. Therefore, having received a fine with the help of the video fixing system, you can safely apply to the court for appeal. Especially if the citizen did not really break the rules!

Terms of appeal of a fine

Video fixation of traffic violations is a system that sometimes fails. Therefore, the fines that were issued with her help, can be appealed. Certain problems may arise, but the very fact of the possibility of protecting one's own rights takes place.

If a citizen receives a "letter of happiness," he is in any case able to complain about the decision. Only the time limit for applying to the appropriate authorities is too small. Only 10 days from the moment of receiving the corresponding fine are required to appeal to a citizen.

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

It is recommended not to immediately go to court. You can quickly go to the head of the traffic police. To look, that shows videofixatsiya violations of traffic rules and deny the fine. In the course of such treatment, payment can be canceled. But this is a rare phenomenon. Usually the traffic in the traffic police does not give any sense, only hinders the appeal to the judicial authorities. Therefore, many prefer to sue immediately. Especially if there was no violation. It should be remembered - the writing of the application is only 10 days from the receipt of the corresponding fine. And nothing more. Otherwise, you either have to completely ignore the penalty, or pay it. But the possibility of appeal will no longer take place.

Where to go

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

To compile a "letter of happiness", video fixation of traffic violations was applied. The fines are written out and sent to the recipient owners of vehicles. Where should citizens who do not agree with the decision be appealed? Of course, in court.

More precisely, these cases are dealt with by district courts. It is necessary to apply to the appropriate authority in the area where the STSI "sender of happiness" is located. The application must be submitted no later than 10 days after the receipt of the fine.

Only in the district court can you come with a statement of claim. In all other instances citizens will simply refuse to accept documents. The process of judicial debate will have to be seriously prepared. Indeed, the photo and video recording of violations of traffic rules - this is almost irrefutable evidence. And they will have to appeal against them.

With my own strength

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

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

So, it takes a good preparation for the process. After all, not always video cameras fix violations of traffic rules correctly record the information that took place in fact. It is advisable to prepare in advance, do not go on the road until the thorough safety net is carried out. How can one prove his own innocence in court in the situation under study?

Proof of innocence

Perhaps this is the most difficult question. Video fixation of traffic violations in Moscow and other cities is working successfully. But quite often the courts began to address drivers with complaints. After all, this computer system is not universal. And often penalties are written off erroneously. What measures can be taken to protect themselves and their vehicle from such accidents?

The first thing you can advise is to install a camera in the car. Better still, DVR. It will help fix everything that is happening on the part of the driver. After all, cameras of video fixation are not always installed under the necessary foreshortening. Maybe, in fact, there was no violation, but the installed equipment persistently recognizes it. Then the DVR will help to prove innocence.

The next moment is the discovery of witnesses who could confirm the correctness of the behavior of a citizen. Often the system of video recording of traffic violations improperly recognizes vehicles. As a consequence, fines do not come to those owners. For example, the receiver of the fine was sitting at home, and the camera recognized his car on the track overtaking in a place where it is prohibited. In this situation, witnesses will make life much easier. Especially if they are citizens disinterested. For example, people from the street or neighbors. Having witnesses is a good way to win a court.

In some situations, after appealing to the judiciary, it is recommended to carry out an examination of the 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 capable of proving a violation of the rules of the road. By the way, this is a very common situation. Especially if you consider that video fixing traffic violations (Chelyabinsk or any other city - it does not matter which area is involved) - this is not the best quality pictures and videos. Sometimes on them, in principle, it is difficult to see this or that number. 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 do you have to show? The package of securities can 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";
• Contacts of all witnesses who can help in the investigation of the case;
• The identity card of the citizen;
• Results of the examination of photos and video;
• Videos and snapshots from the personal DVR;
• Other evidence of innocence.

Treatment must be considered within 10 days. And the citizen will be appointed the date of the court session on the case, during which the video recording of violations of traffic rules will be appealed. If you can prove your innocence, the payment will not be collected from the citizen. Otherwise, you have to pay a fine. Therefore, everything depends on the evidence presented.

Arbitrage practice

Is video violation mandatory for violation of traffic rules will guarantee the failure of the plaintiff? No. In fact, in Russia recently, very often drivers began to apply to the court with the appropriate complaints. Only in some situations one has to try hard to prove his innocence.

For example, problems can arise if the penalty is issued for speeding. It is difficult to prove that a citizen moved within the permissible norm. This requires a minimum of 3 snapshots from the video camera.

You should pay attention to what cameras fixed the violation. There are mobile models. They serve to display the violations committed while driving a vehicle. And there are stationary ones. They are necessary for fixing violations committed in the "simple". If the incoming notification indicates that the type of camera is stationary, and the charge is connected directly with the moving car, the received pictures are invalid. They can not serve as proof of guilt. Therefore, in this case, the court will most likely stand on the side of the plaintiff.

In general, judicial practice shows that in approximately 50% of all cases of appeals to the court with the appeal of fines of traffic rules, made with the help of automatic video recording, citizens manage to succeed. The main thing is to properly prepare and not be afraid to defend 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

How to be after the trial? It all depends on the situation. The thing is that if the video fixing of traffic violations was found to be incorrect, then the plaintiff should not do anything. It is enough to keep a court decision.

But it also happens that the lawsuit is not satisfied. Can not prove the innocence of man. Then you have to pay for the receipt. How much time is spent on this? 30 days. Within a month from the date of the court's decision, it is necessary to pay a fine for violation of 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 the money for a given period of time, the fine will "burn". But before that it will take 3 years not to drive a car, as well as to hide from law enforcement agencies.

That's all. Now it is clear what are the rules for video recording violations of traffic rules, how the penalty is formed with the help of this system, and also how to behave to a citizen who received a "letter of happiness." In fact, everything is not as difficult as it seems. If a person is not actually to blame, you can really prove his innocence. Only the claim will have to be submitted immediately. Otherwise, you will have to pay the entire bill.