How to challenge a fine from a video recording camera

The content of the article

• Video recording of traffic violations
• Common violations
• How to check if there are fines?
• Can all fines be disputed?
• Who to complain about the fine from the camera
• How to appeal a ruling
• A complaint
• Evidence of innocence
• Refusal to appeal a fine
• From the State traffic inspectorate
• By the court
• When the penalty can be canceled?

It is difficult to meet a driver who has never received a notice of a violation of the Rules of the Road (SDA), issued using video recording. The penalty from the camera is not always the right one. Traffic police recommend not to ignore the received document. You need to understand the situation, achieve justice, challenge the punishment.

Video recording of traffic violations

According to article 2.6.1 of the Code of Administrative Offenses of the Russian Federation, the driver is responsible for non-compliance with the Rules of the road, which are installed using video cameras. Traffic police officers receive evidence that records stationary or mobile devices. The driver is handed a fine notice.

Common violations

• Inappropriate traffic.
• Repeated traffic violations, for example, driving at a red traffic light.
• Inappropriate parking or parking.
• Departure to the oncoming lane.
• Over speed.
• Violations when crossing railway lines.
• Driving in a lane dedicated to public transport.
• Unfastened seat belts.
• Stop at the prohibition signs.
• Wrong intersection.
• Violation of traffic rules in areas intended for pedestrians.
• Turn from the extreme row.
• Drunkenness.
• Stopping the car behind the stop line.

Fixation procedure

The camera establishes and photographs traffic violations. Further, the device automatically sends information to the processing center. The computer determines the vehicle number from the photograph..

The program establishes the name of the owner and forms a resolution on the violation. After that, the information is processed manually.

The operator checks the information for errors, specifies who owns the machine in the photo. Sometimes the image is of poor quality, which makes it difficult to read the number.

After verification, the violator receives a registered letter with a fine order, a photograph is attached to it indicating the time and geolocation.

How to check if there are fines?

If you do not pay the receipt on time, the information may go to the bailiffs, the amount will be debited from the account or credit card. The driver must know that arrest or forced labor for traffic violations are not provided..

To avoid unpleasant consequences, you need to periodically check whether you have fines, because receipts often come late.

There are several ways to do this:

• Contact the traffic police or the MFC personally.
• Use online resources through a computer or mobile phone.
• Get information on the websites of the State service, traffic police.

To check the penalty, the driver must indicate:

• car number;
• region code;
• registration certificate number.

Can all fines be disputed?

The laws of the Russian Federation do not provide for drivers the presumption of innocence if the violation is recorded by the camera. With unfair punishment, a citizen will have to defend his interests on his own.

A person can challenge the speeding penalty from the camera or other traffic violations if there is no sign indicating the operation of the device, or the car is photographed in a section where the sign does not apply. These rights are stipulated by Art. 30.3 Administrative Code.

Situations when a decision is made in favor of the car owner:

• Clear photo error. For example, the picture shows another car or the number does not match. The system automatically sent the photo to the wrong driver.
• The camera recorded a high speed, but such indicators are not available to the car.
• The photo is of poor quality and the number cannot be read.
• Due to system failures, several fines were issued for one violation.
• Driving the car was not the owner. If the driver can prove it, the case will be recorded as theft.
• The car is sold, and orders come.

Who to complain about the fine from the camera

Having received a document of violation, the car owner has the right to challenge it within 10 days. The deadline is reported from the moment the copy of the decision reaches the addressee. Man puts his signature upon receipt of a registered letter.

To appeal the traffic police fine from the camera, you need to contact the organization that issued the decision on punishment. It can be a traffic police or a court.

The application can be brought in person, sent via the official website or by registered mail.

How to appeal a ruling

If a citizen does not agree with the fine and wants to challenge it, he makes a complaint. The issue is decided by the traffic police, provided that the decision was made by an employee of this organization. If the document came through the judicial authorities, the person applies to the district court at the place of registration.

A complaint

To quickly solve the problem, the driver no later than 10 days after receiving the notification sends the application by registered mail or brings it in person. The complaint begins with an appeal to the traffic police official or to the court.

The document contains the following information:

• Information about the citizen who is applying.
• Date of receipt of the decision and its number.
• Link to regulations.
• Request to abolish an unjust punishment.
• A detailed description of all the circumstances of the case, an indication of the witnesses of the incident.
• Documents that justify the applicant prove innocence.
• Date of application and signature.

Evidence of innocence

The person who received the notice should carefully study the photo. To prove innocence will help poor image quality.

It is important to consider the following factors:

• Matching image reality. For example, speeding is indicated, and the car is standing.
• Inability to read car number.
• Driving while driving is not a car owner but an outsider.
• Alibi at the time of violation.
• Inconsistency of time, speed of the incident.

Refusal to appeal a fine

The driver has the right to prove his innocence. If there are no supporting documents, or the complaint is submitted late, the application will not be considered. The outcome of an attempt to challenge the fine depends on where the application was filed..

When a driver signs a notification receipt, this does not mean that he agrees to the offense.

It is important to carefully study the decision. The document may include clauses confirming consent to the violation of traffic rules. It is very difficult to challenge such a decision.

From the State traffic inspectorate

If the petition was filed with the traffic police, this will not be a guarantee of the termination of the case. The response to such complaints is often formal. If the citizen has not received a positive decision, he sends the application to the court for further consideration..

The procedure sometimes takes 2 months.

By the court

If a citizen can prove the wrong actions of the traffic police, he attaches documents to the case file. It is necessary to apply to the district court at the place where the offense is completely. If all materials are collected, a detailed investigation of the case begins..

A situation may have several results:

• The request will be satisfied, the punishment will be removed.
• Change the decree, reduce the size of the fine.
• The request will not be satisfied due to the lack of documents proving the driver is right.

When the penalty can be canceled?

If a person has strong evidence of his innocence, the punishment in some cases is annulled. Appealing a fine to the traffic police will turn out in the following cases:

• The driver confirms the fact that he could not be driving at the specified time.
• The photographs show a car of a different brand.
• Fine is exceeded for a specific violation.
• Vehicle image cannot be distinguished.
• The car was stolen at the time indicated in the photo.
• A fine was sent to the name of the vehicle owner erroneously.