Stopping for speeding: be afraid of the radar - do not go on the road

The article will discuss possible traffic police fines for photo recording by the traffic police, as well as legal ways to challenge them. Today in Russia there are two main ways of recording offenses on the roads: independently by an inspector, or automatically using special devices. According to statistics, 9 out of 10 violations are detected by automatic systems.

Almost all cities have already installed video and photo recording devices. Their main task is to detect offenses and, as a result, reduce accidents on the roads. Thanks to them, traffic becomes increasingly safer. However, the driver does not always agree with the violation presented to him and trying to prove it on the spot will not work: everything happens automatically.

List of violations that can be detected by automatic systems

The list of recorded violations depends on the specific model of the device; the more expensive and technologically advanced it is, the more options it has. Today in the Republic of Belarus, most video cameras are capable of detecting speed limit violations and some others.

In large cities, cameras can detect the following offenses:
  • entry into a lane intended for public transport (buses, trolleybuses);
  • parking a vehicle in areas not designated for this purpose;
  • driving beyond the stop line marked along with a traffic light or sign;
  • not wearing a seat belt;
  • entering a line intended for oncoming traffic;
  • some other types of offences.

Location of the violation recording complex

You can also deceive the radar detector using non-standard placement of means for recording violations. What matters is the direction, the angle of rotation to the road and the height (the distance from the roadway to the “camera”). Stationary complexes are usually located on special trusses above the road, on bridges, overpasses, pillars and other structures suitable for this purpose. Mobiles (aka tripods) often stand on the median or on the side of the road (behind a car, behind a tree, in the bushes, etc.) and are located at an angle to the road. The radar can be directed both towards the flow and in the direction of its movement (in this case, the rear of the car is included in the photo).

Let's look at a few examples. The standard (most common) situation is shown in Figure 1.

picture 1
A stationary complex for recording violations is located above the road and directed towards the flow. At point 1 there is no signal from the “camera”, so the radar detector is “silent”. At point 2, the radiation intensity reaches a level sufficient to trigger, and the device notifies the owner about this. The latter has some time to reduce the speed, since it is measured at point 3. At point 4, the signal is still picked up by the radar detector, but the danger of detecting a violation has already passed.

Operation of the stationary complex “in the back”.

Figure 13 in the back
In this case, the camera is located in the direction of travel, so the response distance (Dav) is less than in the first situation, however, the driver still has the opportunity to slow down before hitting the measuring point, which is located after the structure with the camera. The radar detector will pick up the signal for some time after passing this point.

Radar on the ground

Figure 14 on the ground
In this situation, the mobile complex is located on a tripod at a distance of about 1 m from the ground on the side of the road at an angle to the road and towards the flow. The trigger point in this case is even closer to the measuring point. An even more unpleasant variation of this case may be forward-facing radar. In this case, only a sensitive radar detector can warn about the danger in time.

Conclusion: radars directed towards the flow and located parallel to the road at a high altitude are best detected; those located close to the ground and directed “at the back” at an angle are the worst.

Features of video surveillance systems

The primary task of video cameras is to detect speed violations. Increasingly, cameras are being installed on dangerous sections of the road. It is important to note that the law sets some restrictions on the sanctions that can be applied for an offense recorded on camera. Thus, there are no restrictions if the violation was detected directly by the inspector (use of equipment in manual mode is allowed).

If a violation has been detected, the following rules automatically apply:
  • for committing a violation for which administrative punishment is provided in the form of deprivation of a driver’s license, the latter is replaced by a fine in the amount of 5 thousand rubles;
  • for committing a violation for which administrative punishment is provided in the form of a fine, its amount is determined according to the minimum limit established by the relevant article;
  • administrative arrest is not imposed and is replaced by a fine.

Radar detector sensitivity

Most modern models of radar detectors allow you to set different levels of sensitivity. This is primarily due to the large number of interference sources (radio transmitting devices, motion sensors, etc.) in populated areas, which increase the number of false alarms. It is not advisable to use modes intended for the city on the highway, as this significantly reduces the response distance and does not allow you to reduce the speed in time.

Conclusion: When using a radar detector, you must select a mode in accordance with the surrounding environment, as well as the speed of movement.

Amounts of fines

Article 12.9 of the Code of Administrative Offenses of the Russian Federation establishes a system that determines the amount of the penalty. The amount of the fine directly depends on the quantitative characteristics of the excess - the greater the excess, the greater the fine.

The fines are as follows:
  • There is no liability for speeding above the established limit from 1 to 20 km/h;
  • from 20 to 40 km/h the fine is set at a minimum limit of 500 rubles;
  • for exceeding 40 - 60 km/h the fine will be 1 thousand rubles, for committing a repeated violation within 1 year from the date of the first protocol - 2 thousand rubles;
  • if the violation is 60-80 km/h, the first fine will be 2,500 rubles, the second fine will be 5 thousand rubles;
  • exceeding more than 80 km/h will cost 5 thousand rubles in both cases.

Next, we will consider the main way to legally avoid paying for an unreasonably imposed fine.

How to check traffic police fines

The check can be carried out on the official website of the traffic police - gibdd.ru, using the online service Checking fines.

Traffic police online service Checking fines
Traffic police online service Checking fines

In order to check for unpaid fines for traffic violations you will need:

  • state registration number
  • vehicle registration certificate.

Fill out the request form in the window that opens
Fill out the request form in the window that opens

How to cancel an illegally imposed fine

It is important to understand that modern cameras rarely fail and make mistakes in measuring speed. Therefore, it makes sense to try to overturn the decision only if there is complete confidence and evidence. There are 10 workers available to appeal the decision from the moment the letter is received by mail. Cancellation is possible by sending a complaint to an official, or by going to court. There is no specific sequence and you can go straight to court.

IMPORTANT !!! One of the most common situations is when the driver was not the owner of the car, but another person. The video recording system, regardless of who was in the car at the time the violation was committed, will generate a decision against the owner. This case is the simplest - you just need to provide any evidence of absence from driving to the inspectorate and the protocol will be canceled. You can ask the offending driver to confirm the information - this should be enough.

If there are other disagreements, when the owner himself was driving, it makes sense to draw up a written appeal to the body on whose behalf the decision was made. On a certain day, the driver will be invited to analyze the video recording. Together with the inspector, he reviews the recording in good quality. As a result, the decision is either canceled or remains in force. If you do not agree with the official’s decision, you should go to court. At the hearing, the judge will analyze the recording and make a decision. After the court decision enters into legal force, 70 days are allocated to pay the fine, after which the fine will be declared unpaid and appropriate sanctions will be imposed.

IMPORTANT !!! It is worth noting that the cancellation of a fine associated with exceeding the maximum permissible speed is unlikely, even if a tracker with a speed recording function was installed in the car. Unlike a camera, the device in cars is not a certified speed measuring device and a judge is more likely to believe the data from a CCTV camera.

The highest probability of canceling a decision is in the following cases:
  • the camera recorded another car (differences in make, color or other);
  • discrepancy in the state registration number;
  • the speed is clearly too high (when the vehicle is not capable of accelerating to such values ​​according to its technical characteristics);
  • if the recording device does not have the appropriate certificate;
  • upon expiration of the statute of limitations;
  • when sending a repeated fine for the same violation.

Thus, the possibility of canceling a fine imposed using automatic systems is present, but this requires either undeniable evidence or system failures, which occur quite rarely. Each case is individual and it is impossible to give an unambiguous answer, but in case of controversial situations, you should seek help from a qualified lawyer. With its help, the chances of canceling an unfairly imposed fine will increase significantly.

How to challenge a fine from a photo/video camera

tsafap
It is possible that you receive fines with photographs for violations committed by a person who has the right to drive a vehicle with you. In this, as well as in other dubious cases, you can challenge the fine from the camera by contacting TsAFAP - the center for automatic recording of offenses. By the way, the person who was driving the vehicle at the time of the violation can also be brought there. If this person confirms what you said, then the decision is made against him, and yours, accordingly, is canceled.

More on AutoLex.Net:

How to pay a traffic police fine with a 50% discount in 2021?

In the center you will watch a video of the moment your car violated traffic rules in excellent quality, and in color. With the help of this video, you can also examine other controversial issues related, for example, to running into a stop line, etc. If the driver believes that the traffic police fines with the photo were issued to him unreasonably, then he will need to write a free-form application-complaint to TsAFAP. By the way, it can also be sent by email, after which the driver will be invited to an administrative review.

If, after a second joint review of all the details, the driver does not agree with the decision, then the case is sent to court, where the judge will make a decision after watching the same video. Usually in such cases the validity of the fine is confirmed, and if you do not pay it within 70 days, the fine will become unpaid.

But you are unlikely to be able to challenge a speed fine from a camera (except for the method described in the video below) , even if you have data from a GPS dash cam at the time the violation was committed. These devices are not certified speed measuring devices, and in court you will be believed less than data from a video recording camera. Therefore, obey the speed limit, and if you do receive a fine, the validity of which you agree with, pay it on time.

Discount on fine

At the beginning of the year before last, changes in legislative requirements affected discounts on fines. The purpose of these innovations was to increase the level of payment collection. Now drivers who pay their payment requests on time can receive a 50% discount.

Many drivers are interested in whether all violations can be eliminated using a discount. There is also a common question about the time during which this relaxation is relevant.

The general requirements are as follows

  1. No more than twenty days should pass from the date of the decision.
  2. The fine corresponds to the category for which a discount is possible.

Next, we will consider situations in which a discount on a fine is not provided. We are talking about particularly serious violations.

It should be remembered that the discount is also not provided for installments or deferment of payment of the fine amount.

Camera footage is marked with a special sign

The text of the resolution that the owner of the vehicle who has exceeded the speed will receive contains information about a possible discount. Particularly serious violations include not only violations of traffic restrictions, but also other categories.

One of the categories contains a violation of the speed limit in its pure form, the rest may include it in a complex form. Example: Ignoring a red traffic light can be done either on its own or in violation of speed limits.

If there is no clause on possible relief, then you will have to pay the full amount of the penalty payment. Otherwise, the owner can safely use the prescribed recommendation regarding a discount on the fine.

In general, it is important to understand the principles by which discounts are granted or waived. This will allow you to navigate the correctness of the issued decisions.

The inspector carefully examines all the circumstances of the violation, including the point of ignoring the speed limit.

Any document can be completed with an error, so the driver should independently control the contents of the letter so that there are no additional unnecessary proceedings with the traffic police and the court.

Categories that do not imply relief, despite the promptness of repayment, include, but are not limited to:

  1. Repeated driving of a vehicle that is not registered on the specified date.
  2. The presence of a drunk driver behind the wheel (or a person under the influence of drugs).
  3. Actions of the owner of the vehicle that led to the fact that a drunk driver (another person) was driving the car.
  4. Twice in a year the car was recorded exceeding the speed limit, which exceeds the level of 40 kilometers per hour.
  5. Secondary disregard of a prohibiting traffic light signal.
  6. Second incident in a year involving driving into the oncoming lane.
  7. Violation of the rules for driving on a one-way lane.
  8. Blame in an accident where there are victims.

Find out what the possible fine is for driving through a red traffic light. We will also tell you in detail about the penalties for driving into the oncoming lane in our special articles.

There are also categories to which, on the contrary, relaxations in the form of a 50% discount are successfully applied:

  1. The car owner did not present the MTPL policy and/or registration documents for the car.
  2. The procedure for transporting people and/or cargo has been violated, including small children without car seats, adult passengers without seat belts, cargo that is not secured according to the rules, etc.
  3. Lack of rules for towing a car.
  4. Performing a maneuver with violations.
  5. Driving on the side of the road.
  6. Violation of the speed limit on a city road or intercity highway.
  7. Tinted glass.
  8. Unlicensed driving.
  9. Illegal use of alarm systems.
  10. Malfunction in the brake or steering systems.
  11. The driver's use of mobile communications in an unspecified manner.
  12. The numbers are not readable or are attached incorrectly.

What is the fine for driving without insurance for drivers? Read in the special article.

In the absence of malicious violations, violation of the speed limit is subject to preferential payment

If an inspector and/or a camera records a violation of the speed limit in its pure form or in combination with the above violations, within 20 days the car owner can take advantage of preferential conditions when paying off fines.

Discount from the State Services portal

An additional opportunity can be used by those who register in the State Services system and pay the fine online, or in another convenient way after logging in on the website. The offer is valid throughout 2021. The discount on fines is 30 percent of the fine amount.

The discount is valid only for those fines that are payable within the specified period.

It is important to understand how this system works. For this purpose, a table is presented below.

Table 3. Deadlines for liquidation of fine debt, amounts of discounts and types of concessions

Period, daysThe amount of relief, in shares/percentages, when paying in a way convenient for the car owner without registering in the State Services servicePossibility of discountAn additional opportunity for visitors to the State Services website, a 30 percent discount when paying after registering in the service
20Half the fine/50Yes+
Twenty first dayAbsentNo+
From 20 to 60 daysQuarter of the fine/25Yes+
61stAbsentNo+

A 25% discount is extremely rarely practiced, so you should pay attention to it only if you have the relevant information in the requirements of the resolution.

Users of mobile applications can also carry out transactions on the State Services portal

Payers of fines for speed violations should remember that the minimum payment is five hundred rubles, regardless of the number and size of discounts. In addition, after 2 months from the date of the payment order, sanctions for violators are doubled.

A big mistake on the part of car owners is to count the deadline from the date of receipt of the receipt in hand when it comes to traditional repayment of fine payments. The payment period, the 20-day grace period and the moment when the fine increases due to delay must be determined from the date of the decision. There is no other timeframe for determining the 60-day period.

When it comes to the State Services portal, there are no time limits. The driver can cancel the fine at any time, but it is important to ensure that no other sanctions are imposed on the vehicle. In particular, this can be observed under restrictions from the SSP, which in some cases impose demands to seize a car for debts.

Since January 2016, bailiffs have been given the authority to restrict the driver from moving in his car if he has multiple debts to the state. In this option, paying the fine with or without a discount does not make it possible to get your driver’s license back.

All information related to discounts on fines, current sanctions possible from government agencies and limiting the rights of motorists is available to users of the State Services portal. In order to start using the capabilities of the service, you need to join the total number of portal users.

Registration in the service, where preferential payment and additional opportunities are possible

Next, you can enter the service through the authorization channel:

To pay a speeding fine, you need to follow these steps:

  1. Select the appropriate section on the website.

    Selecting a fine category on the State Services portal

  2. Click “Get service”.
  3. Enter the required information and search for the fine you plan to pay.

    To obtain information, simply provide your registration details

  4. Study the information received.
  5. Select the payment method and account details if the payment will be made directly on the website from a bank card (in this case, the final point of the procedure will be the “Pay” button).

The main condition for the discount is registration in the system. In general, payment after authorization can be made in a user-friendly way.

Payment options:

  1. Through a bank (traditional transfers, account-to-account transfers, etc.).
  2. At the ticket office of the traffic police department.
  3. Using online systems.
  4. Through payment terminals.

Other features of preferential offers:

  1. The preferential offer is relevant not only for private car owners, but also for companies.
  2. If the last date of the period when you can use the preferential payment corresponds to a weekend, the payment is automatically transferred to the next day, which is not included in the category of holidays and weekends.
  3. For each resolution, a separate payment transaction is carried out, regardless of the availability of a discount and the date of receipt of receipts.

After the fine has been paid, the car owner must have a document confirming the operation. If it is submitted electronically, a printout is required.

Having documentary evidence of paying off a fine for violating the speed limit will be useful in case of litigation.

Consequences of delay in payment of fines

Citizens who do not pay a fine on time may be subject to restrictions related to traveling outside the territory of the Russian Federation and seizure of the use of a vehicle.

For failure to pay on time, a citizen of the Russian Federation is subject to administrative liability in double the amount (this was mentioned above), and the amount should not be less than 1 thousand rubles.

An alternative option for the vehicle owner is to spend fifteen days under surveillance in a cell, or go to correctional labor for up to fifty astronomical hours.

At the time of clarification of the circumstances of the delay in payment of the fine, the car is transferred to a special parking lot

Installment payment of the fine amount is available to car owners who are able to provide official information about their difficult financial situation. In this case, payment may take 90 days. This relaxation is available only to persons with Russian citizenship.

Persons who have unpaid fines for exceeding the speed limit should remember that all information about current decisions and court decisions is in the traffic police database. The inspector is authorized to detain defaulters and bring them to court for clarification (if the maximum possible period for paying the fine has expired). The period for keeping the information in the database is 2 years (when the inspector presents payment of the fine after the specified period + 10 days - this is the statute of limitations according to the regulations, added to the appeal period - the driver has the right to challenge his actions).

When the arrest occurs on a weekend, the inspector sends the offender to the police for up to 2 days, from where his case is transferred to the court staff. During this time, the car will be kept in a impound lot.

Also, if the fine is not paid, a bailiff may intervene in the case. If the unified database receives information that the 60-day period for repaying the debt to the state has expired, and the amount has not appeared in the required bank account, the resolution will become the responsibility of the SSP within 10 days.

Inspectors and bailiffs use databases to work with non-payers of speeding fines

Bailiffs have the right to forcefully collect a fine. To do this, they use bank funds that are at the disposal of the fine, his salary in the organization and other sources of income (securities, income from renting out property, etc.). The above restrictions on movement facilitate the search for contact with a persistent defaulter and the collection of overdue payments.

It should be remembered that the SSP has the right to present the debtor with an enforcement fee, which will be seven percent of its amount - at least 0.5 thousand rubles. This fee will be assigned for payment in case of late repayment of the amount contained in the text of the resolution.

Bailiffs cannot restrict driving if the debtor:

  1. Uses the vehicle as the main means of earning money (legally - in other words, its activities must be properly registered).
  2. Uses a vehicle as the only possible method of transportation to provide basic needs (both for themselves and family members). A common example is living in a settlement remote from civilization.
  3. The debtor is disabled and uses a vehicle due to health limitations, or has a dependent disabled person of groups 1, 2, as well as a disabled child since childhood.
  4. Did not exceed the amount of 10 thousand rubles in the format of the executive document.
  5. Due to material circumstances, the debtor was granted an installment plan.

Amount of penalty for repeated traffic violations

For a repeated violation, you can not only receive a fine, but also lose your license from 4 months to 1 year. It all depends on how many kilometers per hour the motorist exceeded the permissible limit.

For repeated speeding by 20-60 km/h, the violator will receive a notice in the form of a fine, both if stopped by a traffic police officer and if recorded with a special device. A driver who drives at a speed 60 km/h above the norm will be very unlucky.

If the violation was captured by a video camera or radar, the citizen will be fined 5,000 rubles. When the offender is stopped by a traffic inspector, the punishment will be more severe - the traffic police officer is required to draw up a report on the deprivation of a driver’s license. Depending on the speed, the sentence varies from 4 months to 1 year.

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