Changes to the Code of Administrative Offenses and increased fines - is this true or not?

Is the new Code of Administrative Offenses in 2021 true? Last news

This is the absolute truth! The official document was published on the portal of regulatory legal acts of the Russian Federation at the end of January 2020. And at the moment this is a preliminary (raw) version of the draft new Code.

Among the most important changes:

• the entire chapter responsible for traffic police fines, previously located in section 12 of the Code of Administrative Offenses, has moved to a new section - 21, which is divided into the corresponding articles of violations,
• there was an increase in fines for a number of offenses, including speeding, tinting, driving without MTPL insurance and dangerous driving,
• at the same time, according to the new concept, the terms of imprisonment for the most serious traffic violations have increased,
• After the changes, the term “right to drive” will be renamed “the right to engage in activities related to driving vehicles” (at the same time, in other laws everything remains the same).

Also possible.

Mitigating circumstances for an administrative offense

Mitigating circumstances influencing the choice of the size of the traffic police fine are listed in Article 4.2 of the Code of Administrative Offenses:

1. The following circumstances are recognized as mitigating administrative liability:

1) repentance of the person who committed the administrative offense;

2) voluntary cessation of unlawful behavior by the person who committed the administrative offense;

3) voluntary reporting by the person who committed the administrative offense to the body authorized to carry out proceedings in the case of an administrative offense, about the administrative offense committed;

4) assistance by a person who has committed an administrative offense to the body authorized to carry out proceedings in the case of an administrative offense in establishing the circumstances to be established in the case of an administrative offense;

5) prevention by the person who committed the administrative offense of the harmful consequences of the administrative offense;

6) voluntary compensation by the person who committed the administrative offense for the damage caused or voluntary elimination of the damage caused;

7) voluntary execution, before a decision is made in a case of an administrative offense, by a person who has committed an administrative offense, of an order to eliminate the violation issued to him by the body exercising state control (supervision) and municipal control;

committing an administrative offense in a state of strong emotional excitement (affect) or due to a combination of difficult personal or family circumstances;

9) commission of an administrative offense by a minor;

10) commission of an administrative offense by a pregnant woman or a woman with a young child.

Let's consider the points that the driver can influence directly at the scene of the traffic violation:

1. Facial remorse . If a traffic police officer recorded a violation of traffic rules and you do not have any evidence of your own innocence, then it is better to immediately admit your guilt and repent of what you have done. This will allow you to count on the minimum punishment.

2. Voluntary cessation of unlawful behavior . For example, let a driver drive a car without state registration plates. He can voluntarily return the numbers to their designated places and count on leniency.

The remaining points can also be used as mitigating circumstances, but they relate to specific situations.

What's changing?

So, despite the fact that traffic offenses moved to another section of the Code of Administrative Offenses, not all fines were revised, and many of them remained within the same limits, just as the terms of deprivation of rights remained for the same violations.

However, a number of penalties in the draft Administrative Code have undergone major changes - in all the cases listed below, fines have increased.

Update from 03/15/2020: After a negative reaction to the increase in sanctions, the Ministry of Justice of the Russian Federation decided to leave traffic police fines at the same level - not to tighten them. However, since this decision does not directly make changes to the draft Code of Administrative Offenses, this cannot yet be called an official abolition of the increase in penalties. We will update the information if the response is approved at the effective level.

Let's look at what sanctions have undergone updates!

New fine - lack of technical inspection

We have previously written that along with the tightening of the rules for passing a technical inspection, there will also be a punishment for this. In the summer of 2020, the corresponding bill should come into force.

So the new edition provides for a sanction for the lack of a valid diagnostic card in the amount of 2 thousand rubles.

Article 21.5, part 2. Driving a vehicle for which a diagnostic card confirming the vehicle’s admission to participate in road traffic has not been issued in accordance with the established procedure shall entail the imposition of an administrative fine in the amount of two thousand rubles.

You will also be interested in:

• What new traffic police fines for speeding have come into force?
• New fines for speeding from January 1, 2021 - true or not?
• Changes in traffic police fines from January 1: new law and table of current fines

Increased penalties for tinting

Those who like to drive with tinted windows will face tougher punishment, manifested in the form of two new liability standards.
Let's look at them in the form of a table of fines! New fines for light transmittance

.

Repeated driving without a license

Another fine for a repeated violation will appear in the new Code of Administrative Offenses of 2021 when driving a vehicle without a license. It will range from 20 to 30 thousand or compulsory labor as a more severe punishment.

Article 21.7, part 2. Repeated commission of an administrative offense provided for in part 1 of this article shall entail the imposition of an administrative fine in the amount of twenty thousand to thirty thousand rubles, or compulsory labor for a period of forty to sixty hours, or administrative arrest for a term of up to five days. .

Please note that this standard applies under the following unlicensed driving conditions:

• if you have never received your license,
• if your driver's license has expired,
• if your period of deprivation has expired, but you have not taken the license.

New punishment for driving drunk with children

Previously, the sanction for intoxication did not differ from different types of conditions. After the changes, if you are driving while intoxicated and there are children under 16 years old in the car, the term of imprisonment can be increased to 3 years, and the fine – up to 50 thousand.

For convenience, let's compare these 2 standards of punishment for drunk driving!
Differences in sanctions for intoxication under the new Code of Administrative Offenses of the Russian Federation

.

Increase in speed fine

The most important change, affecting the majority of Russians on the roads, came with the speed fine. We previously wrote that the authorities really want to abolish the permissible excess of 10-20 km/h. This has not yet happened in the new edition of the Administrative Code. But the sanction for exceeding 20-40 km/h was raised 6 times - up to 3,000 rubles.

And again a table of new fines!
Increasing speed fines

.

As you can see, some of the fines in the draft new Code were grouped and general penalties were assigned.

For railway crossing

Today, in Article 12.10, there is a current fine of 1,000 rubles or imprisonment for 3-6 months for the following traffic violations:

• crossing railway tracks outside a crossing,
• passage through a closing or closed barrier,
• passing a red traffic light at a crossing,
• stop and parking for crossing.

In the new edition of the Administrative Code, you will pay 5 thousand for these violations, or you will be deprived of your rights for the same period from 3 months to six months. But another offense is added to this list - driving through an unregulated crossing if a train is approaching it within sight.

For failure to stop at the request of the traffic police

But if you drive by, ignoring the requirement to stop from a traffic police inspector on the road, the fine for this remains unchanged - from 500 to 800 rubles. But there were as many as 2 new punishments.

The first of them is for trying to escape in pursuit. You will be deprived of your rights for a long period - from 2 to 3 years or a fine of 40 thousand rubles will be imposed for failure to stop with the following conditions:

1. you did not comply with the repeated request to stop the traffic police officer,
2. trying to hide
3. If you try to escape, you create a threat to road safety.

Please note that the last point will, in principle, be carried out during a pursuit, since you will not get by without violating other points of the traffic rules - at least speeding.

In addition, drivers serving in the armed forces will be subject to a sanction of 500-800 rubles for failure to comply with the requirements of military inspectors, the National Guard, and military rescuers. However, we previously wrote about the right of such employees to stop cars on the roads.

Refusal of examination

Here, too, fines have increased and terms of imprisonment have become more severe.
And again, depending on the presence of children in the car. Punishments in the new Code of Administrative Offenses for refusal of examination

.
Please note that we are talking specifically about refusing examination at a medical institution. For refusing to test for alcohol on the road, you can refuse without consequences under the Code of Administrative Offenses, but this is the basis for sending you for a medical examination.

Systematic traffic violations (point system)

We also talked earlier about the fact that the State Duma plans to introduce changes by adding punishment to the code for various repeated violations. Now there is an implementation of this idea, reflected in the draft of the new Code of Administrative Offenses of the Russian Federation.

If you have been charged 3 or more times over the past year for the following reasons:

• parts 3 and 4 of article 21.9 (exceeding more than 60 km/h and repeated exceedings),
• for violations of the rules for traveling railway tracks (except for the violations presented in the list above (parts 1 and 2 of Article 21.10),
• for driving through a red traffic light (parts 1 and 3 of Article 21.12),
• did not give way to another car (Part 3 of Article 21.13),
• turning or driving in reverse in violation of traffic rules (part 2 of article 21.14),
• driving in oncoming traffic, including repeated driving (parts 5 and 6 of Article 21.15),
• turning left or making a U-turn in violation of road signs (Part 2 of Article 21.16),
• failure to pass a pedestrian at a crossing (Article 21.18 of the Administrative Code).

In these cases, you can be legally and officially deprived of your rights for a period of 1 to one and a half years, or imposed a fine of 10 to 30 thousand rubles if you belong to the category of citizens who cannot be deprived.

Please note that if these violations of the Rules are recorded on auto-recording cameras, they are not taken into account for the purpose of sentencing as systematic ones. That is, to do this, it is the traffic police inspector who must stop you and issue 3 or more fines per year for these violations.

Fine for dangerous driving

And again, the authorities remember the well-forgotten old things in the draft amendments to the Administrative Code of 2021.

This time we are talking about a sanction for dangerous driving, which, according to the new rules, will amount to 5,000 rubles. You can read what is considered dangerous driving in our special article.

For MTPL insurance

But for violations of the car insurance policy, the fine increased very slightly:

• if you are not included in the current OSAGO or drive without a policy – ​​800 rubles (before changes 500),
• if there is no auto insurance contract for the car (failure to fulfill the obligation itself, except for driving) - 1,000 rubles (previously 800).

For driving on roads on mechanisms not intended for this purpose

For example, if you go out on public roads on a caterpillar tractor, cross-country motorcycle or pit bike (which is listed as sports equipment). The fine for you for the first time will be from 5 to 15 thousand.

And for a repeated violation within a year, you will be punished with a sanction of 20 to 30 thousand.

Vehicle management

1. For the absence of a power of attorney to drive a specific car (except for cases when the motorist is registered in the MTPL), as well as for providing the opportunity to drive a driver who does not have a license, a fine of 3,000 rubles will be charged.
2. Driving a car if your license has been confiscated involves a penalty of 30,000 rubles. or detention for 15 days.
3. Using a personal car as a taxi without permission is punishable by a fine of 5,000 rubles.
4. The use of equipment signaling priority traffic, a sign indicating the presence of a disability or a lamp, as in a taxi, without the appropriate license is punishable by a penalty of 5,000 rubles for individuals, 20,000 rubles. – for officials, 500,000 – for legal entities. persons The equipment will be confiscated.
5. Driving a car without wearing a seat belt or transporting passengers who do not use seat belts will result in a fine of 1,000 rubles.
6. Driving a car after drinking alcohol will result in a fine of 30,000 rubles. with deprivation of rights for 18-24 months.
7. If the motorist refuses to undergo medical examination. examination, or he already has a criminal record for crimes specified in Art. 264 part 2, 4 or 6, the fine will be 200 to 300 thousand rubles.
8. Excessive speed will entail a penalty of 5,000 rubles, as well as deprivation of rights for six months.
9. Driving in oncoming traffic means a fine of 5 thousand rubles and deprivation of the ability to drive a car for 6 months.

Cancel discount

Perhaps the most unexpectedly unpleasant change, which, by the way, you are unlikely to find covered in the latest news on many online resources, will be the abolition of the 50% discount on paying a fine within 20 days after it is issued.

Unfortunately, this possibility was completely removed from the revised Code of Administrative Offenses of the Russian Federation in 2021. However, it is possible that they were removed in order to indicate it in some other legal act.

Something else useful for you:

• What are the fines for driving without paying on a toll road? New law on non-payment of toll sections
• New fines for abandoning a car in the yard and for washing a car - true or not?
• New fines in July 2021 - is it true?

Where is the truth?

The legislative truth, in fact, is that no innovations regarding motorists and drivers will officially come into force from September 2021. Nowhere in the lists of updates to regulatory legal acts will you find significant amendments to any of those that would relate to road traffic.

You can also take a look at the overview of the relevant changes in the Consultant and Guarantor systems.

But a little earlier, indeed, there were amendments to the legislation, and some of them will come into force later:

• Most recently, in August 2021, it was proposed to abolish the transport tax; the corresponding bill was sent to the Duma,
• from March 1, 2021, the rules for technical inspection will come into force, and a new fine will be introduced for its absence,
• from July 1, the rules for the “Disabled” sign have changed,
• A driver's license extension is valid until the end of 2021 due to the self-isolation regime.

Thus, we found out that the new traffic police fines from September 1, 4, 5 or 20, 2021 are untrue and fake. Please check any sources of information for accuracy. Moreover, we strongly recommend that for information that is significant to you, look not at websites (and even the article you are reading now is not formally the most reliable source), but at legislative acts - the current editions of the Code of Administrative Offenses regarding penalties for traffic violations.

When will it take effect?

But the most important misconception on the Internet, which you can find on many resources and sites, is the information that the new Code of Administrative Offenses comes into force on January 1, 2021.

This is not true and a myth. As of today, May 27, 2021, there is no exact information about the date of acquisition of the draft amendments to official status. The project has been published so far only for discussion on the Federal Project Portal.

In order for the updated Code to come into force, it is required that its final form be published on the publication portal. After such publication, entry into force occurs after 10 days. And, since today you will not find the new Code of Administrative Offenses of the Russian Federation at the specified link, it is too early to talk about the date of entry.

Other innovations

In 2021, there will be a fine for dangerous driving. For quite a long time, deputies of the State Duma could not come to a common opinion regarding the norm of suppression for violations. The ban was introduced in the summer of the year before last. The paragraph regarding dangerous driving and the definition of such behavior on the roads was introduced into the traffic rules by Government Decree.

Dangerous driving is defined as repeated actions of the driver, following each other, violating the requirements to give way to a vehicle that has the right of way, repeated lane changes in active traffic in the absence of free lanes, sudden braking, if such actions caused an accident.

The amount of the fine for dangerous driving has not yet been agreed upon; the bill has already been adopted in the State Duma, but will come into force only in 2021. The fine will be 5,000 rubles; a driver’s license will not be deprived for such a violation.

From 2021, it will become easier to catch such violators, as well as identify other cases of non-compliance with traffic rules, thanks to the use of a special mobile application within the framework of the “People's Inspector” program, which can be downloaded on the State Services portal. To record a violation, it is enough to shoot and send a video, which will subsequently be checked on the portal. The video will be reviewed by traffic police officers to make a decision on whether to collect a fine. The software will be equipped with a high degree of protection so that road users cannot edit the video or fabricate the time and coordinates of the recording.