Where and how to challenge the traffic police fine: the instruction

Fines of traffic police, recorded by CCTV cameras and received by mail by registered letters, have long been called by the people "letters of happiness". According to the current legislation, the car owner is obliged to pay them in the period established by law. But what if the driver did not commit an offense? How to challenge a traffic police fine?

Offenses with cameras

Devices that drivers see on pillars and other structures on the road are a police radar + photo or video camera. The principle of the radar is echolocation, which determines the speed of the wave delay.
Together with this, the state numbers of the car are recorded with a view to further demanding payment of a fine to their owners.
Chambers are able to fix such offenses as:

• over speed;
• Intersection of a double solid line;
• Parking in unidentified places;
• Departure 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 to be erroneous, we will understand what to do and how to challenge the traffic police fine. There are two options where to turn:

• Higher official (head of the traffic police department);
• court.

The first instance, rather, is formal, since practically all the decisions remain valid in practice. But in court it is really possible to prove innocence. The cases, based on fines from the traffic police cameras, are considered by the district court at the place where the offense was committed. Therefore, they send a complaint there.

Terms of appeal

According to the law, a fine can be contested within ten days from the moment the letter was received. This is not meant to be working days, but a day. "Letters of Happiness" come in a custom order, which means they are handed personally. Thus, only after you sign the receipt of the envelope, the ten-day period starts to count.

However, if you for valid reasons did not submit documents during this period, it is possible to restore the term. Then they write the relevant statement and indicate the reasons for which 10 days were not enough to appeal. Attached to him documents proving this fact.

The best OSAGO

For those who are looking for how to contest the traffic police's fine, the MTPL policy will be an assistant, written for an indefinite circle of persons who are allowed to drive the vehicle.

Another option may be a policy in which at least some persons are inscribed, other than the car owner. If, however, only the car owner is inscribed in the insurance, then the proof becomes much more complicated.

Despite the cancellation in 2014, the power of attorney was not abolished officially. Therefore, she is shown as evidence of her innocence.

Prove innocence

So, if the question where to contest the traffic police's fine is resolved, a complaint is made, to which the following documents are attached:

• A copy of the envelope and the resolution on the offense;
• Printout from the official site of the Russian Post;
• A copy of the OSAGO insurance policy;
• Photo and video materials, if any;
• Data and testimony of witnesses, if any.

In addition to the GIBDD 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 request - a request to verify this fact. In this case, through the time established by law, the question of the legitimacy of a fine is decided.
If the driver receives a penalty for the operation of the car, the owner of which by that time he is no longer, you should contact the traffic police at the scene and file a complaint there. A copy of the contract of sale and purchase 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 the "letters of happiness" car owners are waiting for a penalty for speeding. In each locality, there is a speed regime, which drivers must observe.
To fight for contesting a fine in this case is advisable if:

• There is complete confidence in their own innocence - then they need to check the technical conformity of the device, which recorded the violation;
• In the photo it is impossible to consider the state number;
• There was another man behind the wheel;
• Several fines were charged for one offense;
• Finding next to the car of another car - because of this, there is reason to doubt the installation of a real offender.

Unfortunately, the penalty for speeding can not be disputed with the help of its means of fixation, since DVRs are not certified in Russia. Therefore the priority in this case is given to the traffic police system. However, you can request information about the timing of the device verification.

Stop line

The stop line is a pointer that warns the driver to stop. Because of the arrival for her emergency situations are created. In view of the fact that many drivers violate this rule, cameras are installed next to the stop-lines. Protest the offense is possible in the following cases.

1. The state number of the car is not clearly visible.
2. There was another driver at the wheel.
3. For the offense several fines were collected.
4. There was no run-in on the stop-line.

In the latter case, sometimes it happens that the camera fixes the car on the stop-line, but in fact it was just covering it with a 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 situation, the offense can also be appealed.

Roadside

This is a section of the road adjacent to the roadway. There are still a lot of drivers who prefer to ride on the sidelines to save time, when traffic on the road - traffic jams. Because of such driving, emergency situations are also created. The surveillance cameras installed on the roads monitor these actions. To appeal a fine in this case becomes possible if:

• There are several penalties for a single offense;
• There was another driver at the wheel;
• The car left for the roadside to stop, but had to continue to move, so as not to create an emergency situation;
• The state number of the car is not clearly visible.

Wrong parking and other offenses

Another common offense is parking in unidentified places. Cameras can fix such a parking lot. How to challenge the traffic police penalty for parking incorrect? This becomes possible if:

• 2 more fines for one offense are imposed on the car;
• There are no signs that parking is prohibited;
• And if the sign exists, the driver could not see it physically (for example, because the sign is hidden behind the foliage).

Theoretically it is believed that the camera is capable of recording all the offenses of motorists who fall under the "field of vision". But did anyone actually receive a "letter of happiness" for such offenses as, for example, toning? How to challenge the traffic police penalty for tinting?

Under the new rules, if a traffic police officer stopped a car on this occasion, the driver should just take off the tint with him in order to avoid punishment. Otherwise, a warning is issued before the penalty. How can this procedure be implemented with the camera? Apparently, in any way.

Many cameras are installed at traffic lights and pedestrian crossings. But is it possible to fix the offense connected with the pedestrian? How to challenge the traffic police penalty for a pedestrian? For the first time such a system was tested in Zelenograd, and its results were positive. In fact, the offense is fixed in case the driver did not slow down, approaching the crossing, but, on the contrary, increased it. Then the chances to challenge the ruling are negligible.

How to challenge a traffic police penalty

So, if there are sufficient reasons to appeal against the decision, which came with a "letter of happiness," go to court. This category of cases exempts from the need to pay state duty.

The complaint is indicated by all circumstances. First, note who was behind the wheel of the car. If they were not the car owner, then for another person the responsibility may not come. After all, in this case, the judge must send the case for further investigation, and the corresponding unit of the State Traffic Safety Inspectorate - to do this. But it is unlikely that because of the small size of the fine they will take up such work.

If the owner wants the fine to be removed from him and he has proof that he was not behind the wheel of the car, then this should be indicated. The best basis will be the testimony of the driver who was behind the wheel.
Documents to the court:

• Personally through the chancery of the court (this is the right to do the car owner, by presenting the relevant documents);
• By mail with a valuable letter with a notice.

Conclusion

If the penalty received is legitimate, it is better to pay it. If you do this within 20 days of receiving the "letter of happiness", then payment under the new rules will be only 50%. If you postpone in a long box, without attempting to challenge the decision, the fine can be increased.

However, in cases where there is confidence that the law has not been violated, it makes sense to take on the burden of proof. But do not miss the court session. If he is transferred once, then the second time will be considered in your absence. In this case, the probability is high that the decision will not be made in favor of the petitioner.