Deprivation of a license for speeding in 2021

The driver of the car is obliged to comply with the speed limit. For violation, he will face a fine or even deprivation of his rights. The summer of 2021 is the first summer when the ban on ambushes by traffic police officers, secret patrols and speed control in the area of temporary signs came into force. This means that drivers should be wary, since there is a chance of “running into” a dishonest government official who wants to deprive you of the Nth amount.

Fines for speeding

For speeding in 2021, several different penalties may be imposed, one of them is a fine, the amount of which depends on the degree of violation:

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Speeding (km/h)	Article of the Code of Administrative Offenses of the Russian Federation	Punishment
From 20 to 40.	Part 2 Art. 12.9.	500 rubles.
From 40 to 60.	Part 3 Art. 12.9 (Part 6, Article 12.9).	From 1 thousand rubles to 1.5 thousand rubles (in case of repeated violation, the fine increases by 1 thousand rubles).
From 60 to 80.	Part 4 Art. 12.9 (Part 7, Article 12.9).	From 2 thousand rubles to 2.5 thousand rubles, deprivation of the right to drive a vehicle from 4 months to six months (for a repeated violation for a year).
More than 80.	Part 5 Art. 12.9 (Part 7, Article 12.9).	5 thousand rubles, deprivation of the right to drive a vehicle for six months (for a repeated violation for a year).

Road signs "Speed limit"

In addition to those indicated above, there are additional restrictions in the form of special road signs. So, there is a special sign 3.24, meaning a decrease in maximum speed. If such a sign is installed, the driver is obliged to drive at the speed indicated on the sign itself.

There is another well-known sign - a limiter with a 90 km/h indicator, which is found in cities. This value is higher than the maximum permissible for urban space (60 km/h). And yet, this is not a mistake. This sign gives permission to drive in the city at a speed of 90 km/h. This sign is found on roads recognized as safe. The decision on this is made by the executive authorities of a certain subject of the Russian Federation.

What if you see a sign with a speed limit of 140 km/h? Is it possible to drive at that speed while following the sign? No, such a pointer does not make sense and is a fake. The highest permitted speed is 130 km/h (see clause 10.3 of the Rules). So be careful!

Can your driving license be revoked for speeding on camera?

Cameras for automatic recording were introduced at the beginning of this century. Despite the fact that technologically they are developing quite slowly, such devices now help law enforcement officers to identify a wide variety of violations.

The bulk of the offenses recorded in 2021 are related to speeding.

For your information

The peculiarity of recording speeding on a camera is such that when using it there is no need to draw up a protocol. The decision to impose punishment is established immediately, after which it is sent to the address of the guilty person.

However, such automation imposes certain limitations:

If speeding was detected by cameras, then in 2021 only a fine may be collected. In other words, deprivation of rights, involvement in compulsory or forced labor is unacceptable in this way.
If the provisions of the Code of Administrative Offenses of the Russian Federation provide for a range of fines, then the amount of the penalty is assigned according to the lower limit.
If the speeding recorded by the camera falls under an article that only contains deprivation of rights as a punishment, then instead of confiscation of the driver’s license, the citizen will be fined in the amount of 5 thousand rubles.

IMPORTANT
All of the above items apply only to automatic fixation cameras. When a violation of the law is detected by a traffic police officer using a regular video camera, the standard procedure applies.

Devices for recording violations

mobile or portable radar. The most common device. The driver may agree with his testimony and admit the offense. This is followed by drawing up a protocol and imposing an appropriate fine, which must be paid within 30 days. But there is another scenario - the driver does not agree with the readings of the device. If the traffic flow is heavy, it is very difficult to prove which vehicle was moving in the proper mode. Then the protocol is sent for further consideration - to the traffic police or to the court, it depends on what sanction is provided - a fine or deprivation of a driver's license.
stationary radar. Such a device can take photos and record videos. In addition, it recognizes vehicle registration plates. These radars constantly transmit information to the traffic police control panel or mobile post. Based on the results of their activities, drivers receive so-called “letters of happiness.” In this case, it is more difficult to get away and challenge the fact of speeding, because the car is automatically detected when it is moving in violation of the rules. “Chain letters,” as drivers call notifications about the need to pay a fine or appear in court in a case of deprivation of a driver’s license, come exclusively to the owner of the vehicle. You can challenge the punishment if another person was driving at the time. But of course, it is necessary to have appropriate evidence.

The device must be tested by standardization and metrology bodies and have the appropriate certificates. Otherwise, the testimony may be appealed. The driver has 10 days to file an appeal with the traffic police or in court. If this does not happen, then within a 30-day period you must pay the amount determined by the court or the traffic police officer.

Procedure for deprivation of driver's license

Since 2013, traffic police officers do not have the right to independently confiscate driver’s licenses from car owners who have violated the law. This can only be done in court. Taking into account this fact, the procedure for depriving the right to drive a vehicle for speeding in 2021 is carried out in the following order:

An authorized civil service employee records the fact of committing an administrative offense by stopping a vehicle to file claims for non-compliance with the speed limit.
A protocol on the administrative offense is drawn up on the spot. The driver must read it and sign it. If there are violations of the rules of procedure, this fact should be indicated in the document.
The protocol is sent to the traffic police, where the case is formed.
A package of documents is submitted to the courts for a trial and a ruling.
The court reviews the case and determines the appropriate decision, a copy of which the driver receives.
If you disagree with the results of the proceedings, you must submit a claim to the same court within 10 days.
If there are no complaints about the activities of government officials, the violator must appear at the traffic police department within three days to hand over a driver’s license. From this day the established period of deprivation of rights for speeding begins to expire.

Attention:
If a person appears after 3 days have expired, he will additionally need to write an explanatory note about the reasons for the violation of the deadlines. However, administrative liability is not provided in this case.

Table of speed limits on Russian roads

Type of vehicle	Road inside populated areas	Road outside populated areas	Motorway	Residential zone inside settlements
Passenger cars	60	90	110	20
Cars with trailers	60	70	90	20
Trucks with category B	60	90	110	20
Trucks with category C	60	70	90	20
Trucks carrying passengers in the back	60	60	60	20
Motorcycles	60	90	110	20
Intercity buses	60	90	90	20
Buses with a small number of seats	60	90	90	20
Buses engaged in organized transportation of children	60	60	60	20
Other buses	60	70	90	20
Towing other vehicles	50	50	50	20

Disqualification period for speeding in 2021

The period of deprivation of driving privileges for failure to comply with the speed limit on the road is established depending on the severity of the offense committed:

if an excess of 60 km/h to 80 km/h was recorded - for a period of 4 months to six months;
more than 80 km/h – for a period of six months;
in case of repeated commission of these offenses - for a period of up to 12 months.

Additionally, the driver will have to pay an administrative fine in the prescribed amount.

Restriction norms outside the city

These restrictions are prescribed for roads located outside populated areas that are not classified as highways:

50 km/h - for towing a motor vehicle;
60 km/h - set for trucks if there are people in the back. Also for buses with children when transporting them in an organized manner;
70 km/h is the norm for passenger cars with a trailer, other buses, and category C trucks;
90 km/h - this speed is set for motorcycles, cars, trucks of category B, plus additionally for intercity and small buses.

Important! You should not take risks and drive on unknown routes, even at the maximum permissible speed. In such situations, the risk of encountering an unexpected obstacle is too great. Also, ignorance of the road and its poor condition further increase the possibility of an accident.

Is there a discount for speeding fines?

The possibility of repaying a fine with a 50% discount was established by the Government of the Russian Federation in 2021 in order to encourage negligent car owners to promptly pay the imposed penalty - in order to take advantage of the privilege, the corresponding amount must be paid within 20 days after the citizen receives the decision.

Additionally, certain restrictions must be taken into account - in 2021, not every fine is eligible for a discount.

Attention

If you repeatedly violate the speed limit in 2021 by a value exceeding 40 kilometers (Article 12.9, Parts 6 and 7 of the Administrative Code of the Russian Federation) per hour, you will not be able to exercise the right to preferential payment (Article 32.2, Part 1.3).

Also, you will not be able to take advantage of the preference if the driver has applied for a deferment or installment plan to repay the penalty.

They are in a hurry to the next world: why you can lose your driver’s license in 2021

26 May 2021, 14:37 - Public News Service - OSN A few days ago, the sixth global road safety week ended. On this occasion, several information events took place in Russia. They were held under the motto: “Reduce speed, save lives.” guests of the program discussed it on the television of the Public News Service

Chef-Trainer expert Vladimir Baherov;
Head of the public road safety system, public figure Konstantin Krokhmal;
Automotive lawyer Anton Troshanov;
Coordinator of the public movement “Motorists of Moscow” Leonid Antonov.

To what extent does the speed reduction apply to Russia?

Vladimir Bakharev: – The phrase “reduce speed” has become a kind of slogan for safety movements. However, its effectiveness in each area is not too great. If we cut the speed limit on all fronts, then in matters of safety we will not achieve the desired results. Even if it is significant to reduce the speed before a pedestrian crossing, then if a person is not prepared for the appearance of a pedestrian and does not respond to road signs, this can lead to serious consequences. There must be a whole set of factors here, and not a separate slogan, as a solution to all problems.

Many people are against innovation. Where is the golden mean?

– It’s difficult to find a middle ground, because most of the measures we are taking smack of radicalism. We pose the question that we need to calm the traffic or create certain zones in which the speed will be reduced too much. The average speed in the city is 16 km/h. It is difficult to say that our traffic is too fast, especially on narrow streets. ITS must work, that is, a security system must be created for pedestrians crossing the streets. You shouldn’t limit yourself to speed deprivation alone in this matter.

Konstantin Krokhmal: – Speeding: who benefits from it and why is this idea being raised in the media. I understand that this is a European experience, because there are restrictions there.

Speed limits have no effect on safety at all.

In Russia this is an absolute “fiction-profanation”. It only affects the fact that, exceeding the threshold, you pay an extra amount for a fine. I am not a radicalist who says that all this is meaningless and useless. There are certain highways in cities where there is no need for a speed limit at all. In the central part, I agree, it can be limited. Let the main routes operate as normal. All significant accidents occurred according to two principles: speeding by people who don’t care about the rules and who have money; people without rights. 99% of drivers do not violate. Because of the 1% of moral monsters who belong in the cemetery, all drivers, including me, come under suspicion. I wouldn’t tighten the boundaries for everyone.

How does the system work?

Anton Troshanov: – The Code of the Russian Federation, in the case of automatic recording, only provides for the imposition of an administrative fine. If a traffic police officer manually or automatically recorded speed on the road, then an administrative protocol is drawn up and the case is sent to court for consideration. In more than 10 years of administrative practice in St. Petersburg, I can say that only 3 people were prosecuted for speeding.

Who is to blame for such a system?

Konstantin Krokhmal: – It’s quite difficult to look for someone to blame here. Considering the competencies and the fact that we live in a society that was invented not by us, but by our ancestors, this all suggests that impunity has overwhelmed all cups of coffee. Many people talk about the inevitability of punishment. This is bullshit. Not a single offender who got into an accident on the basis of the law was pardoned. Everyone is sitting. It is necessary to create such conditions that it is impossible to violate them.

How painful is the topic of speed limits for citizens?

Leonid Antonov: – First of all, we need to say that in Russia the speed limit on many roads is generally too low. Namely, on roads of the first category, where the projected speed is up to 150 km/h. The speed limit there is usually 90 km/h. The driver is guided not by what is prescribed by the traffic rules, but by the road conditions. In Russia, the permitted speed is always reduced. If an official allows an increase in the upper speed limit, then this imposes some responsibility on him for possible accidents. There are different roads in Russia, for example, those on which you can’t even go 40 km/h. It turns out that both a good road and a broken one may face the same restrictions. We often come across the fact that the appearance of repair work is done. At the same time, cameras are installed where temporary signs are located.

All in the name of safety, to replenish the budget.

Today cameras are a very profitable business, which depends on the number of traffic violations. Last year, hundreds of billions of rubles were violated. Most often, violations range from 20 km/h to 40 km/h.

What articles are discussed in case of violation of rights?

Vladimir Bakharev: – The most common thing is driving into oncoming traffic where it is prohibited. There are several concepts: fines that are committed with the motive of an offense, when a person acts consciously, and these are driver errors that lead to the deprivation of a driver’s license. Regarding traffic outside the city, I would like to note that now most roads are designed in such a way that there is no need for overtaking.

The number of cameras is determined by the frequency of offenses. There is a practice that a stationary camera, which has exhausted its necessary resource, can be completely replaced with a dummy. It should have a motivational function. Culture is a system of certain self-restraints that allows us, as knowledgeable people, to act in accordance with traffic rules and thoughtfully. If you do not develop this system of self-restraints, then deprivation of rights and fines will have little impact.

How often do car owners write complaints?

Anton Troshanov: – Car owners do this. We even see from the media that someone is being held accountable. In order for me, as a traffic police officer, to be held accountable based on your application, I need to know who exactly was driving. We have 3 months in court and 2 months in the traffic police to bring someone to justice under such general articles. If we are talking about the law, then technically it is not possible to hold that driver accountable.

Do motorists often face wrongful deprivation of their driver's license?

Leonid Antonov: – For Moscow, this problem is not the most pressing. Because in Moscow everything is given over to the cameras. There are more than 3,000 of them installed, and their number will only increase. Motorists are especially concerned about the fine threshold. There are statistics from 2009 for 11 years. If you look at the number of deaths by year, then across the country, on average, about 20,000 people die annually. The peak year was 2015 due to the annexation of Crimea. Then we can note that in 2012 the threshold was changed from 10 km/h to 20 km/h. This had no effect at all on the number of people killed in road accidents.

Appeal against deprivation of driving license for speeding

Deprivation of a driver's license for speeding in 2021 can be appealed in almost every case - especially important if the citizen is completely confident that he is right. It is obvious that employees of the state road safety inspection do not always strictly follow the established regulations for identifying offenses and imposing appropriate punishment.

The practice is that ordinary drivers have repeatedly noted cases of government officials exceeding their authority.

As initial arguments for building your own position in relation to the prescribed measure of deprivation of driving license for speeding in 2021, the following options can be distinguished:

the administrative violation protocol was drawn up with errors;
technical devices that measure speed are faulty or have significant errors in operation;
An obvious glitch was noticed in the system for automatically recording offenses on road sections.

The most common argument is the instrument error option, which takes into account speed. According to official standards, the generally accepted error is set at 1 km/h.

For example, a traffic police inspector stopped a vehicle for violating the speed limit. At the same time, the detected speed of movement was 121 km/h, while the permitted speed was determined to be 60 km/h. Taking into account the provisions of the Code of Administrative Offenses of the Russian Federation, the excess is more than 60 km/h, which implies deprivation of the right to drive a vehicle for a period of 4 to 6 months.

However, this instrument of punishment can be avoided in 2021 if you file a claim in court with reference to Part 4 of Art. 1.5 of the Code of Administrative Offenses of the Russian Federation, according to which any doubts about establishing the degree of seriousness of the offense should be interpreted in favor of the citizen.

Taking into account this article, as well as the error rate, the court may decide to reduce the set speed to 120 km/h. Thus, the citizen’s actions will be considered under “softer” regulations - he can avoid deprivation of his driver’s license by paying only a small fine to the traffic police.

Additionally, you can appeal the decision to deprive your driver’s license in 2021 if:

the traffic police inspector did not introduce himself or provide identification;
a civil service employee refused to issue documents confirming the serviceability of the speed measuring device, the established error, and other information characterizing the technical condition of the radar;
the authorized person withheld information about the device readings.

The procedure for filing a claim based on the issued protocol on the confiscation of a driver’s license should be initiated with the traffic police. If the document was drawn up by an inspector, then to appeal you will need to send a request either to his immediate management or to higher authorities.

Appealing the deprivation of a driver's license for speeding to the traffic police is a pre-trial method of resolving the conflict. They resort to it quite rarely due to its extremely low effectiveness - most complaints are simply not considered. And if they are accepted, then they are later put on the back burner.

But experts still recommend using this option initially. If no results were received within the 30 days allotted by law for consideration of the claim, or the authorized persons sent a refusal to satisfy the application, then it is worth submitting an application to the branch of the district court at the place where the case of the offense was considered - in accordance with Part 1 of Art. 30.5 of the Code of Administrative Offenses of the Russian Federation, the period for making a decision is increased to 2 months.

During the proceedings, all the arguments mentioned above should be presented. It is also possible to ask the court to mitigate the punishment due to personal circumstances. For example, using a car is the only source of income for a family, so deprivation of rights can be critical not only for the citizen himself, but also for his minor children.

To do this, you will need to fill out an appropriate petition for inclusion in the case.

IMPORTANT

Art. 30.3 of the Code of Administrative Offenses of the Russian Federation establishes a period during which a decision on an administrative offense can be appealed. It is 10 days after purchasing a copy of the document.

If you miss the deadline, then restoring it to protect your own rights and interests will be quite problematic.

How is punishment assigned?

Please note an important fact - neither the traffic police inspector on the road, nor the traffic police officer in the office when analyzing your speed limit violation is authorized to impose deprivation of rights. Only the court has the right to impose such a measure of liability.

At the same time, there is a difference between the rules for considering cases by police officers and judges, depending on what part the driver is held accountable for.

If under Part 7 for repeated excess, then in this case the case is considered exclusively by the court (Part 1 of Article 23.1 of the Code of Administrative Offenses of the Russian Federation). In this case, the scenario for holding the driver accountable is short:

you are stopped by an inspector on the road, having recorded an excess that is subject to the sanction of Part 7 of Article 12.9,
since he cannot consider such cases himself, he draws up a protocol where he indicates all the data about the violation: circumstances, place and time of the violation, device data (verification certificate and others),
then you go on about your business (which is quite legal, no one has the right to stop you from driving, since the punishment is not imposed by the protocol, but by a resolution, and the latter has not yet been issued),
the employee transfers the protocol to the judicial section of the magistrate’s court at the place of the violation,
the judge schedules a hearing and you receive a summons,
As a result, you are given (or not given, if not found guilty) a penalty in the form of an order to revoke your driver's license.

But under parts 4 and 5 of Article 12.9, the case can also be considered by a traffic police officer, but not an ordinary one, but the golden head of the department in which the inspector who stopped you with a violation works. But this does not give him the right to deprive the driver of his license. Since these liability standards provide for a fine or imprisonment for speeding, he studies the circumstances of the case and your data to understand whether a fine can be imposed on you. If possible, he himself makes the appropriate decision at the hearing. And if he still considers that it is necessary to deprive him of the right to drive, then the matter goes further to the judge. And then the court again considers the same circumstances - that is, when the case came from the head of the traffic police to the court, this does not mean that the judge will definitely deprive it. Not at all! There is also a chance of receiving a lighter sentence.

Thus, in the scenario above, simply at step 4, the protocol is not immediately transferred to the judge, but to the inspector.

Obtaining a driver's license after deprivation

To purchase a driver's license after the expiration of the penalty period due to exceeding the speed limit, in 2021 you must follow certain instructions:

Visit the traffic police department.
Submit a passport of a citizen of the Russian Federation and a copy of the resolution in accordance with which the driver was subject to penalties.
Pass an exam on your knowledge of traffic rules.
Pay off all existing fines and debts.
If there are no complaints from authorized structures, receive the documents back.

For your information,
a relatively recent innovation is the need to pass an exam. It is conducted as a test, and the number of questions is 20. The permissible number of errors is 2; for each incorrect answer, the examinee must answer 5 additional questions. The time to take the test does not exceed 20 minutes.

How can you challenge the accusation?

Any case has many nuances that you can freely get caught up in court. The largest number of appeals against protocols occurs due to an error in the video recording device. Thus, license plates may not be clearly displayed in the photo. In this case, you need to contact the traffic police with a complaint, where it will be indicated that the photo is not your car.

When the driver is not the owner of the car, the decision can also be challenged. In addition, video recording devices often malfunction, and then an offense can be recorded where there is none. In this case, the person must present the facts of his own innocence (registrator data, witness statements, technical capabilities of the car, etc.).

If the violation was recorded not by a camera, but by a radar, then you need to demand to see the technical documentation of the device. It is quite possible that this device does not have a certificate, and accordingly the readings taken are invalid. You also need to personally verify how the recording was made and whether there were other cars in the stream. The readings are considered invalid if the inspector checked the speed while in a closed patrol car. If your car was moving in traffic, then the device could record the speed of another car.

You should not break the rules in any case, regardless of the circumstances. The violator will not go unpunished if the fact of illegal actions on the road is proven.

A bill to revoke a driver's license for any three speeding violations

At the beginning of 2021, many car owners received quite disturbing information - the Government plans to introduce an additional article 12.38 in the Code of Administrative Offenses of the Russian Federation, providing for the deprivation of the right to drive a vehicle for committing three offenses.

However, the bill under discussion is relevant only in relation to certain penalties. Thus, its content applies to cases where the driver was held liable for violating the speed limit by more than 40 km/h.

The initiative under consideration was never adopted. Whether it will be implemented in the future is a rather “foggy” question, because the bill was discussed back in 2021, but was never put into effect.

Speed limits on Russian roads

Before we talk about fines and deprivation of rights for violating the speed limit, it is necessary to talk in detail about the speed limit for different types of vehicles and on different types of roads:

Highways. Roads that are generally maintained in excellent condition and whose surface allows vehicles to travel relatively safely even at high speeds, up to 110 km/h. The number of such roads in Russia in 2021 remains very small;
Roads outside populated areas. Any roads outside cities and towns that are not classified as highways. The quality of the road surface on such roads can vary greatly. Maximum speed – 90 km/h;
City roads. The speed in the city is limited to 60 km/h, since there are a lot of vehicles and pedestrians on city roads, and the viewing range is significantly limited.

We find information about the maximum speed in paragraphs 10.2 - 10.4 of the Road Traffic Regulations. To make it easier to understand, we have compiled a special summary table.