How to appeal a fine from a video camera

Digital technologies are conquering an increasing number of areas of human life, and the field of road safety is no exception. After all, technical means can detect violations of rules more accurately than the human eye, but, nevertheless, failures occur here, so every driver should know how to challenge a traffic police fine from a camera.

In what cases will a complaint about errors in video recording tools be successful and how to file it correctly will be outlined in the following sections of this article.

What offenses are recorded by cameras?

Such offenses will be:

driving a car into the lane of oncoming traffic (part 4 of article 12.15 of the Code of Administrative Offenses of the Russian Federation);
entry onto tram tracks of oncoming traffic (part 4 of article 12.15 of the Code of Administrative Offenses of the Russian Federation);
driving on a one-way road in the oncoming lane (part 3 of article 12.16 of the Code of Administrative Offenses of the Russian Federation);
non-payment of fees in the Platon system (part 1 of article 12.21.3 of the Code of Administrative Offenses of the Russian Federation);
if the driver and his passengers are not wearing a seat belt, and the motorcyclist is riding without a helmet or with an unfastened helmet (Article 12.6 of the Code of Administrative Offenses of the Russian Federation);
if the driver allows the speed limit to be exceeded in this section (Article 12.9 of the Code of Administrative Offenses of the Russian Federation);
for driving through a red light or when prohibited by a traffic controller, as well as crossing the stop line when there is a prohibiting signal from a traffic controller or traffic light (Article 12.12 of the Code of Administrative Offenses of the Russian Federation).
creating obstacles at an intersection (Article 12.13 of the Code of Administrative Offenses of the Russian Federation);
movement along the lane allocated for buses, trolleybuses and minibuses (part 1.1 of article 12.17 of the Code of Administrative Offenses of the Russian Federation), etc.

This list is gradually expanding.

Why do conflict situations arise when recording photos and video cameras?

Two aspects will be important here: failures of a technical device (for example, a blurred image will lead to incorrect recognition of the license plate) or errors by an employee of the CAPAF unit included in the traffic police system. CAPAF stands for Center for Automatic Recording of Administrative Offences.

The chain of actions for automatic fixation is as follows. The technical device, having captured a violation of traffic rules, sends a photo or video to the CAPAF server. In automatic mode, the corresponding computer program finds the license plates of the car in the image to search for the owner’s car in the traffic police database. A resolution on bringing to administrative liability will also be drawn up automatically.

The next step is where the human factor comes into play. The operator begins rechecking the program data: firstly, it checks whether the car number is readable in the picture; secondly, the image in the photo or video is compared with the description of the car passing through the database under a recognized license plate.

Then, if everything is correct, the resolution is submitted for signature to a traffic police officer who has the right to bring to administrative responsibility. After signing, the records management service will send a “penalty” registered letter to the culprit of the traffic violation.

What kind of footage will serve as evidence of the driver’s guilt?

It is worth mentioning here that if there is no sign of video recording or photography, this, like program or operator errors, will provide an opportunity to challenge the decision, but is not a definite reason for its cancellation. On this matter, lawyers express different opinions and in some cases an appeal on this circumstance may be refused.

And it’s definitely worth debunking the myth that exists among drivers about cameras hidden in traffic lights. Such placement is not provided for either by GOST R 57144-2016 and R 57145-2016, or by GOST R 52282-2004 (for the design of traffic lights).

But recording on a mobile phone or tablet camera, or on a car video recorder in some cases (for example, when driving in a lane allocated for buses or when creating obstacles to traffic at an intersection) may well replace the recording of special road photos and video cameras. This will already be left to the discretion of the traffic police officer considering the case of an administrative offense.

In order for the inspector to accept a photograph or video recording of an unauthorized person as evidence, it is necessary to submit an application (either in writing to the nearest traffic police department, or online through the Gosuslugi portal. The applicant must provide a video from which it is possible to accurately determine the coordinates of the violation, as well as the time when the filming was made. But, according to the requirements of the Code of Administrative Offences, this photo or video recording cannot be the main evidence of the offender’s guilt, it can only be considered as an appendix to the application and along with witness testimony.

Those. private photography, at the moment, is inferior in importance to recording using special means. Although now voices are increasingly heard about the need to place private filming and recording of special equipment at one level in the hierarchy of evidence of the driver’s guilt. A draft of corresponding amendments to the regulatory framework is even being prepared, but its adoption is being hampered by opponents who quite rightly note that there will be many conflict situations involving unlawful prosecution.

IMPORTANT !!! By the way, many of the tricks of motorists, such as, for example, a special spray or an infrared lamp, are not a hindrance to the latest means of fixation. And a mesh or sticking over part of the license plate will also bring the car owner a fine for an illegible license plate.

Procedure for appealing fines from video cameras

So, you decide to appeal an incorrectly or erroneously issued fine from a video recording camera. By law, you have 10 days to do this from the moment you receive the traffic police decision by mail. What do you need to know and consider?

You should immediately check the deadlines for issuing the document: fines from video recording cameras often arrive late, and you may not have 10 days left to appeal the decision. In this case, there are again two options: either pay (the first 20 days with a 50% discount) or immediately go to court with a petition to restore the statute of limitations for a good reason (the inspectors sent the order late, you were on a business trip, etc.).

After submitting your petition, the court will request from TsAFAP original documents about your violation of traffic rules. Usually, TsAFAP employees cannot provide them - the originals are destroyed after the documents are handed over to the bailiffs, and the court does not accept copies. In this case, in the absence of evidence of a crime, the fine may be cancelled.

If time allows, you need to write a complaint and contact the appropriate authorities.

Making a complaint

There is no single standard form for a complaint, so it is written in free form and is referred to as a “Complaint against a decision on an administrative violation.” The document should indicate:

Full name and position of the person to whom the complaint is addressed.
Full name, address and contact details of the applicant.
Number and date of issue of the fine.
A reasoned request to cancel the decision with a description of the reasons.
List of attached documents (copy of the resolution, photographic materials, other documents confirming your case).
Note: “Please consider without personal participation” (if you cannot be present during the consideration).
Signature date.

The reasoning part of the complaint should be described concisely, but logically and accurately, and the package of documents (car documents, factory specifications, photos, etc.) should be as complete as possible. Then your chances of successfully considering the complaint will be significantly higher.

Filing a complaint

A complaint about an unlawfully issued fine from video recording cameras is submitted to the TsAFAP official who issued the resolution, to a senior manager of the traffic police or to the court (Administrative Code, Article 30.2). This can be done in person, by mail with a notification, or through online services.

Consideration of the complaint takes no more than 10 days. Once this is done, the relevant organization will cancel the fine or respond with a reasoned refusal. In this case, you must pay a fine within 30 days or continue the fight - file the same complaint with the court at the place of registration of your traffic police department, and then with the higher courts.

The court has up to 60 days to consider your complaint, and during this period you have the right not to pay a fine. In a judicial complaint, it is necessary to indicate everything listed above, but the list of procedural violations committed during the consideration of the dispute in the traffic police should be clarified.

Filing a complaint via online services

Today, some Internet services allow you to speed up and simplify the process of filing a complaint against a fine issued from video recording cameras.

You can contact TsAFAP employees through the traffic police website in the “Appeals” or “Fines” section (the “Appeal” button). The complaint must be accompanied by scans of documents and photographs confirming your innocence.
Car owners registered in Moscow can contact the MADI State Traffic Safety Inspectorate through the Autocode portal.
Recently, it became possible to appeal fines from video cameras on the State Services portal. After registration, go to the section “Traffic Police Fines” - “Get a service”, indicate the details of your driver’s license and vehicle registration number, or the number of the received resolution. An “Appeal” button will appear at the bottom of the page. Click on it, fill out the form in the window that appears, write the text of the appeal and attach documentary evidence of your innocence and send the document for consideration.

Thus, appealing a fine from video cameras recording traffic violations, although not the easiest way to get rid of an unlawful punishment, is nevertheless effective. You can protect your rights if you follow the instructions set out above, choose the right object of appeal, correctly fill out the complaint and submit it within the deadlines established by law.

You cannot speed up the process of obtaining a result (authorities have 10-60 days to consider complaints), but you can reduce the time for filing a complaint to begin the protest procedure. For this, there are convenient state online services of the State Traffic Safety Inspectorate, MADI and State Services, which allow you not to waste time in queues. The complaint is delivered via the Internet in the shortest possible time.

What is the deadline for filing a complaint against a decision of a traffic police officer?

The right to judicial appeal of actions and decisions of state bodies and local self-government bodies (Part 2 of Article 46 of the Constitution of the Russian Federation) enshrined at the constitutional level will work in this case as well.

But, having decided to appeal, it is worth remembering to comply with the deadlines for filing it. This period is ten days (Article 30.3 of the Code of Administrative Offenses of the Russian Federation). Its course begins differently, depending on whether the decision to prosecute arrived by mail or was handed in person. In case of personal service, the period for filing a complaint begins on the day following the day of delivery of a copy of the decision.

Upon receipt of a registered letter with a decision, the period for appeal will begin from the next day after receipt of the correspondence.

Missing the deadline will deprive the driver of the right to appeal against administrative liability. But there is the possibility of filing for restoration of the period for appealing the petition. This may be due to being treated in a hospital or on a business trip to another region. The judge will consider a certificate of incapacity for work or a travel order as evidence of a valid missed deadline for appeal.

ATTENTION !!! Submitting a complaint interrupts the period given for the entry into force of the decision to impose a fine. If within 10 days the driver does not take action to challenge the decision, then he is considered to be brought to administrative responsibility.

Article 32.2 of the Code of Administrative Offenses of the Russian Federation allows 60 days to pay a fine. Payment can be made through the online banking service of the issuer of your existing credit card, through State Services, or in person through Sberbank branches. It should be remembered that when paying in the first twenty days, the fine is halved.

Enforcement proceedings in case of non-payment of a fine will begin on the seventieth day from the date of entry into force of the resolution. The bailiffs will begin the procedure for collecting the fine. The offender is obliged in this case to either pay double the fine or serve 50 hours of community service. At the same time, if the debt on fines amounts to more than ten thousand rubles, the violator will be temporarily limited in the right to leave the territory of the Russian Federation, even for a short period.

Actions on the writ of execution can be carried out within two years.

What happens if you don't pay the fine?

If the fine is not appealed and not paid within 70 days, the information will be passed on to the bailiffs - they have the right to add a fee of 1,000 rubles and send the case to court, where the fine can be doubled and the driver arrested. Let's take a closer look at how this happens.

After 70 days from the date of the decision, the case will be transferred to the bailiffs. From the moment of violation, the driver has 10 days to appeal the fine. If no complaint is received, the resolution comes into force. From this moment on, the violator has 60 days to pay the fine. If there has been no payment, the traffic police officer transfers a copy of the resolution to the FSSP - the bailiffs.

An executive fee will be added. As soon as the bailiff has a copy of the resolution, he issues a resolution on enforcement proceedings. The fine can still be paid without penalties. If after this period there has been no payment, the bailiff has the right to assign an enforcement fee - 7% of the fine, at least 1,000 rubles. From this moment on, the fine must be paid only according to the resolution of the FSSP - there is no need to pay a fine from the traffic police. You have 70 days to pay.

The fine from the bailiffs is not paid - the case goes to court. The bailiff will forward information about the unpaid fine to the court. There they can impose a double fine, arrest, or withdraw money from a bank card. Read about the full list of sanctions and methods of paying fines from bailiffs in our other article.

In what cases will appealing a decision bring a positive result to the driver?

Such situations include the following:

when imposing a penalty for speeding, if the car, due to its technical characteristics, could not reach such a speed;
a fuzzy photo in which it is difficult to make out the license plate and a mistake was made;
the letter with the decision was sent to the person in question by mistake;
the vehicle was driven by another person;
when leaving the stop line, if it is not visible, let’s say it was hidden under the snow rolled by cars;
when several decisions are made to impose a fine on the same case of non-compliance with traffic rules;
absence of a parking prohibition sign at the place where the photo or video was taken;
entering a lane for public transport behind a dedicated line, if it cannot be distinguished under a layer of dirt or in another case.

What information must be included in the appeal application?

The contents of the appeal statement will be:

name of the unit and full name inspector;
applicant's contact details;
details of the resolution;
circumstances under which it is necessary to cancel the decision to impose a fine with reference to supporting documents and, if available, to the relevant articles of regulatory documents;
the very requirement to recognize the resolution as invalid;
date of filing and handwritten signature;
attachments: copies of the decision, photographs, expert opinions, and other documents referred to by the applicant to confirm his case.

The positive outcome of the case depends on how well-reasoned the demand for canceling the decision to collect a fine is presented.

Instructions for filing a complaint

Determine the body or official who will consider the complaint. The decision made by the traffic cops is reviewed either by the head of the traffic police department who fined you, or by the district court. Important: if the decision is made by the court, you need to contact a higher authority.
Preparing a complaint. It must contain the following information:
your information (last name, first name, patronymic, residential address, contact telephone number);
information about the body that issued the decision;
write about the imposed punishment (the operative part of the resolution);
indicate circumstances with which you do not agree;
rules of law with links;
applications;
put the date and signature.

A copy of the resolution, photographs, witness statements, data from the video recorder, navigator (if any) is attached to the complaint. Make copies of all documents as many as there are participants in the case.

Filing a complaint. You can file a complaint directly with an official (the head of the traffic police department) or with the district court where the case will be heard, or with an official who is obliged to transfer the case materials to a higher authority (the head or the court).
The complaint is submitted in person or through a representative acting under a notarized power of attorney, or sent by mail as a registered letter (receive notification of receipt).
When a complaint is sent by mail, the date of delivery is considered to be the one indicated on the postal stamp.
The outcome of your complaint may be the following:

the complaint is not satisfied, therefore, no changes are made to the resolution;
the resolution is changed, but the size of the fine or other types of administrative punishment do not worsen your situation;
the decision is canceled and the proceedings are terminated;
the decision is canceled and the case is returned for consideration.

How to file an appeal?

There are three options for filing a complaint with the traffic police:

Personally. In this case, it is necessary to draw up an application in two copies. This is necessary so that the registration number of the incoming correspondence and the date of receipt of the application are also marked on the copy that remains with the violator. After all, it is from this day that the ten-day period allotted for consideration of the appeal will begin.

Send the application by registered mail with notification.

Through a special section on the traffic police portal. To confirm the content of the complaint, high-quality photographs or scans of documentation are attached.

As for the statement of claim, it is submitted according to the rules of jurisdiction to the judicial body that is competent to consider these cases. As a rule, a claim is filed at the location of the relevant traffic police department. The content of the statement of claim will, in general, be similar to the complaint to the traffic police.

Where to file a complaint

If the driver does not agree with the decision made by the department, it can be appealed.

The period is 10 days from the moment the decision is served on the motorist.

The date is counted from the day the citizen signed upon receiving the registered letter.

These notifications of traffic police fines come only with a receipt. In addition, the envelope of the letter must have a department stamp.

First, you can contact the photo-video recording center.

Before this, an application is drawn up, which is accepted both by mail and through the official website of the State Traffic Safety Inspectorate (you need to open the “reception of applications” section and fill out the form).

You can come to the center in person and write an application there.

If there is no opportunity or desire to go to the police, the document indicates a request to consider the complaint without the personal participation of the applicant.