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Published: March 16, 2019
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Both drivers and pedestrians are required to follow traffic rules. However, not everyone strictly follows the law, and the traffic police are not able to keep track of everything. Anyone can report a violation, because concern for general safety directly concerns everyone.
Later in the article you will be able to read exactly how this can be done: how and where to file an application for a traffic violation, how to properly file it so that the culprit is punished. Remember that your timely intervention, even on a seemingly insignificant matter, can prevent a serious accident in the future.
- Where can I send information about traffic violations?
- What should be included in a violation report? What materials are evidence?
- How to take a photo of a violation
- Are eyewitness videos punishable?
- Sample of a written complaint about a traffic violation
- Violation of the statute of limitations
Complaint to the traffic police: in person and on the website
The most direct and clear way to punish a violator is to write a complaint to the traffic police.
Now it is not necessary to personally go to the department and write a statement there. All you need to do is take a photo of the road situation and fill out the form on the website.
You can and should also use video from a car recorder. In this case, the date, time and your license plate stamps should be displayed on the screen.
Electronic submission of an application and personal application are equivalent and do not have privileges when considered by the traffic police.
But you need to keep in mind that if you file a complaint online, then in the future you may be asked to provide the original photographs in person. Your witness statements may also be required.
Photo and video requirements:
- readable license plate number of the offender’s vehicle;
- recording the fact of violation: road signs, markings, traffic lights, etc., which reflects the situation that has arisen;
- It is desirable that the date of shooting be indicated directly on the photo or video, and the location reflected using GPS/Glonass.
The official period for consideration of your application is 30 days.
What should be included in a violation report?
Each request must be verified. But there are a number of formal requirements for accepting an application. Regardless of the form of submission, the required points are as follows:
- Last name, first name of the applicant, patronymic, if any, return address (postal or email)
- A clearly formulated essence of the appeal.
Your application must be registered within 3 days, and you can require the inspectorate to provide a number so that you can track the progress of the case. The review itself takes up to 30 days. The verification process is much simpler and more effective if evidence is immediately attached to the eyewitness’s statement.
What materials are evidence?
Photo and video materials that clearly demonstrate the violation committed are considered sufficient evidence. Both footage taken from a mobile phone and dashcam evidence are suitable. But they are valid only if they meet the following requirements:
More on the topic: Is it possible to post videos of traffic police officers on the Internet?
- You can read the registration plate of an offending vehicle
- It is clear and unambiguous that a violation has been committed.
How to take a photo of a violation
Let's look at examples. If you take a photograph of a stationary car under a “no stopping and parking” sign, then in one photo you should clearly see the car with license plates, the prohibiting sign, and you should be able to accurately assess their relative position. If all elements are captured separately, a single picture will not emerge.
For example, even if you film a driver talking on a mobile phone while driving, it will not be clear whether he was driving or standing. Therefore, photography is not suitable for recording all violations. Usually it is used only to confirm illegal parking.
Video is more universal, as it covers the situation in dynamics. However, the requirements remain the same.
Additional benefits will include GPS marks on the exact time and location of the shooting. If your recording device has this feature, it's best to turn it on before taking photos or videos.
Are eyewitness videos punishable?
This question arises for most witnesses to violations, so let's figure it out. The law clearly states that statements from citizens containing information about an administrative offense committed are grounds for initiating a case (COAP of the Russian Federation, Article 28.1, paragraph 3).
However, it is worth remembering that this does not mean punishment. Each request must be verified. Only if the investigation confirms the driver’s guilt will he be held accountable and receive a fine. Therefore, you should carefully consider collecting materials that confirm your words.
How to properly file a complaint
In the application you indicate:
- Region and locality of appeal.
- Select the name of the department to which the complaint is sent.
- Personal data of the applicant: full name, address, e-mail, telephone.
- Were there any appeals on this issue, when and where?
- The exact date, time and place of the recorded violation.
- Detailed description of the situation.
- Grounds for initiating a case: articles of the Code of Administrative Offenses or the Criminal Code, paragraphs of traffic rules.
You attach files to your online application and submit the form by entering the digital code on the website.
If you contact the traffic police department in person, print out the photos or bring the files on a flash drive.
Methods for transferring materials to the traffic police
If you would like to apply, you can do so in several ways:
- At a direct meeting with an inspector at the traffic police department
- Via the Internet on the traffic police website
- Via the app
Sample of a written complaint about a traffic violation
A written complaint about an offense can be submitted personally to the traffic police department in whose area of responsibility this event occurred. The form can be free, but for effective consideration it is worth including in the content:
- Your contacts
- Information about the date and address of the incident
- State vehicle registration plate, make and color
- Composition of the incident
As an example, you can use the following wording: “On the XX day of the XX month of the year 20XX, at about XX hours, I witnessed a violation committed at the ADDRESS by a car with a state registration plate NUMBER: further description of the violation.”
More on the topic: Can the traffic police deprive you of your license using a camera?
Refusal to consider an application is possible only in the following cases:
- The applicant’s contacts are not indicated (full name, contact address)
- The essence of the appeal is not clear (what exactly the offense is)
- The statement contains profanity, insults, and threats to officials or members of their families.
The application must be accompanied by confirmation of your words on an electronic medium, for example, a flash drive.
Reporting infringement via the Internet
The official website of the traffic police has a service that allows you to submit an application via the Internet. All the same rules apply to it as to a paper appeal, but a clear structure makes the drafting process more understandable. All required items are marked with asterisks.
Step-by-step instruction:
- Fill out the “To whom it is addressed” block. Here we mark the unit in whose territory the violation occurred.
- We indicate the applicant. Last name, first name and email address are required. In principle, you can also indicate a postal address, but this is undesirable for reasons of personal safety
- You can mark the region where the event occurred - this will allow you to quickly classify and redirect your application
- We enter the text of the appeal in a separate field - here you need to briefly and clearly write the essence of the violation. Approximate wording was indicated in the previous section.
- We attach a photo or video recording the violation.
Mobile application for reporting violations
There is a convenient alternative - a mobile application. You can upload a photo to it and it will automatically send an application to the traffic police. True, it is designed only for certain types of traffic violations:
- Parking on the lawn
- Parking within the area of prohibition signs
- Parking at the pedestrian crossing
- Parking on the sidewalk
The “Moscow Assistant” application has been developed for Moscow residents; the SPOT application is available for other cities.
Grounds for refusal to consider a complaint
Your application may not be accepted if:
- The provided files are of insufficient quality, the license plate number of the offender is not readable or is not captured.
- Photo and video evidence is not presented at all.
- The grounds for the complaint are unclear or missing.
- There are errors in the applicant's personal data.
- The text contains insults and obscene language.
- There are no specifics, the situation is not described in sufficient detail or is described incorrectly.
Also, for each case, the traffic police accepts only one complaint.
You can apply again if you received an official refusal based on your previous application or the problem was resolved, but another violation occurred later.
Complaint consideration period
According to Article 12 of the Federal Law on the procedure for considering applications, the period for consideration of any application by the traffic police is 30 days. But this period can be extended by the same amount in exceptional cases. To extend this period there must be compelling reasons (deadlines for obtaining data for consideration of the case).
It should also be taken into account that there is still time for the application to be accepted. It is 3 days. Thus, the maximum period for consideration of a complaint about violation of traffic rules by another driver is 63 days.
Online project “Angry Citizen”
On this online platform, residents throughout the country can record emerging problems in the urban auto environment:
- potholes on the roads;
- improperly parked cars;
- broken traffic lights;
- traffic violations, etc.
The map from the program website shows cases of successful applications. The largest number of them are in Moscow and St. Petersburg, but activity is also noticeable in other cities. Therefore, in general, the service works properly.
The disadvantage of the project is that only iOS users can submit an application through the application. The software is not developed for Android.
There are no restrictions when filling out a statement of violations via a PC. The main thing is that it is clear from the photo what exactly was violated and by whom.
In practice, the effectiveness of a complaint depends on the work of the local authorities. According to reviews on the Internet, in some Russian cities, citizens receive formal replies from the traffic police. For example, that police officers came to the place specified in the complaint, but did not find the offender there.
How to submit a written complaint?
Here, the procedure for forming such a complaint is no different from the method of filing it online through the traffic police website. You just need to write the essence of the complaint on paper, indicate your personal data and take the letter to the traffic police department.
An important nuance when submitting a written application is that the video and/or photo must be copied to a flash drive or disk, while keeping the original. Also, nothing prohibits uploading a video to any server (Youtube, for example) and providing a link to it in a complaint about traffic violations. The page with the video itself, at the same time, can be closed from access to unauthorized users by enabling access only via a link.
Something else useful for you:
- How and where to check the KBM OSAGO database?
- Is it possible to appeal a fine for stopping on the lawn and how? Instructions and grounds for cancellation
- How to appeal a fine for not allowing a pedestrian to pass? Form, sample and instructions
Application “Moscow Assistant”
With the introduction of paid parking, the Moscow City Hall launched a project - a special application for monitoring compliance with traffic rules and payment for parking.
There are requirements for a smartphone:
- GPS must work;
- 50 MB of device memory is required;
- camera from 5 MP.
To use the program, you need to register in the system through government services of the city of Moscow.
After registration, you can very quickly and easily submit reports of violators. To do this, you just need to photograph an illegally parked car and upload the photo to the application.
There is no need to manually enter the car license plate number and other data.
The information goes directly to the Moscow Administrative Road Inspectorate.
The activity of city residents is encouraged by the mayor's office: you receive points that you can exchange for tickets to cultural events, travel tickets, parking in paid zones, etc.
Your account is linked to your account on the Active Citizen platform.
You send a complaint in the “Moscow Assistant” application, and points for displaying civic position are awarded through “Active Citizen”, in your profile.
Is it possible to submit a complaint anonymously?
As of 2021, it is not possible to file a complaint about traffic violations anonymously.
This applies to a personal visit to the site, and filling out an electronic application form on the traffic police website, and sending it through other services.
Human rights activists fear that anonymity will trigger a surge in fabricated statements driven by revenge or other interpersonal motives.
In addition, in some cases additional evidence is required regarding the situation that has arisen.
All this makes it impossible for applicants to remain anonymous.
Is it possible to complain anonymously?
Yes and no. In this case, everything depends on what is meant by anonymity and what goal to pursue, as well as on the further course of the matter:
- in fact, when making an online complaint about a traffic violation, you are required to fill in only your full name and email address, and if your goal is for the violator not to find you, then you achieve it;
- but during further consideration of the case, you may be called as an applicant to testify (even in the presence of the offender), which most often happens; or by phone ask to give testimony (rarely, more often they call in person), where without personal data you will not be able to give such testimony, and without it the case will be stopped and no one will be held accountable.
If your data is included in the case, then the person facing a fine or any other type of punishment will be able to easily obtain it. Based on Part 1 of Article 25.1 of the Administrative Code, such a person has the right to familiarize himself with all the materials of the case, and the traffic police will not be able to refuse to provide him with your data.
Briefly about the main thing
Let us briefly summarize the main points of filing complaints regarding traffic violations:
- To report illegal parking or other traffic violations, you need high-quality and detailed photo and video files. It should be clear who did what.
- The period for consideration of the complaint is 30 days.
- You must describe the violation in detail and accurately and refer to regulations that provide punishment for the culprit.
- When using online application services, you may be called to the traffic police department to give evidence or present original documents.
- You cannot submit an anonymous complaint.
In everyday life, do not be afraid and do not be lazy to show civic responsibility and consciousness. Capture a photo of a car parked on the sidewalk or a U-turn through a double lane. Use our advice and send a photo and application to the traffic police. If we behave carefully and decently more often, then the roads will become much safer and more comfortable for everyone.
What is the procedure for filing a complaint?
There are 2 main legal acts that regulate and regulate the procedure and nuances of filing a complaint about a violation of the Traffic Rules:
- Federal Law No. 59 “On the procedure for considering appeals”,
- Order No. 707 with instructions for considering citizens’ appeals to the structures of the Ministry of Internal Affairs.
We will rely on them for the postulates and subtleties of filing a complaint with the traffic police, as amended for 2021. And the first subtlety is that the process of filing a complaint is essentially correctly called an “application”, and not quite a complaint, and the last term is correctly called an appeal of a decision.