Penalty, penalty and fine, concepts and fundamental differences. Deadline for payment of traffic police fines and punishment for non-payment. Is there a penalty for the fine?

Reading time: 8 minutes

Violation of traffic rules, incorrect behavior on the road, disobedience to the requirements of traffic controllers and other mistakes will certainly entail punishment, which can take a variety of forms. Most of the sanctions are administrative in nature, which does not really motivate violating drivers to rush to comply with them. And it’s completely in vain, because failure to pay a traffic police fine is nothing more than evasion of punishment. Responsibility for it is provided for in Art. 20.25 Code of Administrative Offenses of the Russian Federation.

How long does it take to pay off the fine?

Due to ignorance of legal issues, many people believe that 1 month is given to make a payment on the receipt issued by the inspector. In fact, the Russian Federation has slightly different deadlines. It should be remembered that if you do not pay the traffic police fine within 60 days (a year, more than a year), a new penalty will certainly follow, or even a more severe punishment. So, the law regarding the time frame provides the following:

• The countdown of the period allotted for making payment begins only 10 days after the receipt was issued. These 10 days are given to the violator to file a complaint if he does not agree with the actions of the inspector and does not consider himself guilty;
• Based on the current law of December 22, 2014 No. 473, the payment period for the imposed penalty is set at 60 days. Their countdown begins only after the period intended for appeal has expired.

Thus, it turns out that the period for non-payment of a fine to the traffic police within the limits permitted by law is not one month, but as much as 70 days.

In addition, a fined citizen can count on some concessions. If it is quite difficult to make a payment in one amount, he can submit a petition to the court or to the representative of the traffic police who is considering the case to:

• defer payment for another month;
• get an installment plan for a period not exceeding 3 months, which will be a good way out of the situation if there are a lot of traffic police fines.

No less important are the changes that have been introduced since the beginning of 2016 and concern some preferences for drivers who have come under the jurisdiction of the law. Thus, payment of traffic police receipts from January 1, 2016 is possible at a discount.

If the driver pays the due amount within 20 days from the date of the decision, he can expect that the penalty will be reduced by exactly 50%.

This rule does not apply to only three types of violation:

• driving while intoxicated;
• causing harm to health of mild or moderate severity;
• if you repeatedly exceed the speed of more than 40 km/h.

What to do with late payments

Russian legislation provides for a statute of limitations for each type of punishment. Administrative punishment for violating traffic rules is no exception. So, what to do if you don’t pay the traffic police fine on time?

Article 31.5 of the Code of Administrative Offenses of the Russian Federation states that if the imposed penalty has not been paid within two years, it is no longer subject to execution. To this period it is necessary to add 10 days, which are allotted for appeal.

That is, in a hypothetical situation where the issued receipt was not paid, and the state represented by the executive services did not notice this, after the expiration of a two-year period such debt is simply canceled. What does an overdue traffic fine mean in this case? Nothing anymore, since it has no legal force.

In addition, there are lucky ones who are exempt from paying the penalty on completely legal grounds:

• if the order to impose a penalty was not issued within two months from the date of the traffic violation;
• if the case was considered by the court and more than three months have passed since the violation.

But do not forget that after the allotted period of 70 days, the case of violation is transferred to the bailiffs, who will certainly monitor your fulfillment of your obligations to the state. For this reason, it is better not to bring the matter to a critical point and still pay the receipt. Moreover, today this can be done in a variety of ways and in a matter of minutes.

In addition, the attorney service of our partners will not only be able to indicate your unpaid traffic fines, but will also provide you with information about the presence of debt on loans, alimony, housing and communal services, etc., and will also assess the likelihood of a ban on flying abroad.

Is it necessary to pay

If no action was taken by the executive service, we can assume that the punishment is no longer valid. For this, a certain period of time must pass.

But there are several controversial points on this issue:

• if government agencies have discovered a willful defaulter in a particular situation, the statute of limitations may be canceled and the collection will regain its force;
• if the driver received a deferment or installment plan, the statute of limitations period is accordingly extended by this time.

When deciding for yourself whether you need to pay overdue traffic fines, you should always remember that all information is carefully stored in the state’s electronic database. The first time this information comes up, it can make travel impossible.

Those who, in addition to financial punishment, have been deprived of their driver's license have no chance to avoid responsibility. In this case, it will be impossible to return the ID until the receipt issued to the violator is paid.

What are the consequences of non-payment?

So, what happens if you don’t pay the traffic police fine? This question, perhaps, worries drivers even more than the fact of violating traffic rules on the road, which could result in more serious consequences than just a monetary penalty.

The consequences for a negligent debtor are described in Article 20.25 of the Code of Administrative Offenses of the Russian Federation, which states what kind of punishment faces for unpaid fines in 2019:

• doubling the amount of recovery (but not less than 1 thousand rubles);
• compulsory community service for 120 hours;
• arrest for at least 15 days.

Taking into account the use today of modern technologies to monitor the traffic situation, the question is quite relevant: what will happen if you do not pay traffic police fines from cameras? After all, today drivers are increasingly receiving “chain letters”. And there is good news here: if the violation was recorded exclusively by technical means, administrative arrest for failure to pay a traffic police fine cannot be applied to the culprit; he faces only the first two penalties.

As for the monetary penalty, in the case when we are talking about an amount of 500 rubles, increasing it to 1000 will not hit the violator too hard. But what will happen if you don’t pay the traffic police fine of 30 thousand on time? First, let’s remember what kind of violations such a considerable amount is provided for:

• driving while intoxicated;
• refusal to undergo a medical examination;
• transferring control of a car to a person who is drunk;
• consumption of alcoholic beverages, narcotic and psychotropic drugs after an accident before the start of a medical examination.

All these offenses entail fines of 30 thousand rubles and deprivation of the right to drive a car for a period of 1.5 to 2 years. At the same time, failure to pay the traffic police fine on time for deprivation of rights in 2019 can have quite negative financial consequences:

• the violator will have to pay 30 thousand of the principal debt;
• To this you will have to add double the amount of the fine, which will be another 60 thousand.

Thus, the fine for an overdue traffic fine will increase three times, and the driver will have to look in his budget not for thirty thousand, but for all ninety. At the same time, the attitude of judges towards such desperate defaulters cannot be called favorable. If it is not possible to pay the issued receipt, the answer to the question whether you can be imprisoned for 15 days for failure to pay a traffic police fine will be in the affirmative. This is exactly what the authorized body will do.

As for mandatory work, you will have to devote approximately 2.5 months of your life to it. After all, according to Russian legislation, Russians can devote no more than 12 hours a week to useful work assigned as punishment.

As such, deprivation of a driver’s license for non-payment of fines in 2019 is provided for by law only when the amount of debt exceeds 10 thousand rubles. In this case, the court has the right to suspend the validity of the certificate until the debt is repaid. But if the driver still tries to avoid punishment, the court will legally apply one of the following measures to him:

• seizure of property (in this case, it will not be valued at its real value, but as the state deems necessary);
• seizure of bank accounts;
• prohibition to leave home.

Thus, the first thing that threatens the fact that the traffic police fine has not been paid is constant communication with bailiffs. After all, it is they who are entrusted with the solution to this issue if, within the period allotted for payment (70 days), the money from the fined person has not been received into the state treasury.

So, failure to pay a traffic fine on time has quite serious consequences. However, there is a way to negotiate with the state. To do this, the applicant must apply to the court with a statement: it should set out the circumstances why it is impossible to pay a large amount at once. A certificate of income will be required to be attached to the application.

Having considered the case, the court may well make a positive decision. But do not forget that this should not be done when you have exhausted all possible deadlines and played the “find me” game with the state, but while the law is still on your side.

Alternatively, you can wait two years. What will happen in this case if the payment of the fine from the traffic police is overdue, and the liquidity limit of the sanction has been exhausted? You will only be lucky if they simply didn’t remember about you. If the bailiffs came, but you were not at home, then the statute of limitations may be doubled.

What to do if stopped by an inspector

Thanks to the same electronic database, today you can find out about your unfulfilled obligations in a matter of seconds. A traffic police inspector can also do this by stopping you in case of a new traffic violation.

And here a completely reasonable question arises: can an unpaid traffic fine have consequences if you are stopped by a traffic police officer? Alas, an arrest for 15 days or doubling the fine may well become a reality. But there are several “buts” in this matter:

• if at the time of communication with the inspector the 70 days allotted to you have not yet expired, feel free to promise your interlocutor to pay the debt today. In this case, he cannot take any measures against you;
• if the payment is still overdue, the inspector must draw up a report on you on the spot, which is transferred to the relevant police department; From there, once the case is initiated, the document will be submitted to the court.

It is important to know: only the court has the right to determine the punishment, and not the inspector who stopped you.

If, during a document check, it suddenly turns out that you have a debt, but at the same time you live in another city or region, the police representative does not even have the right to draw up a report. All he can do is report the identified fact to the nearest branch and indicate your personal data.

Thus, the answer to the question whether traffic police officers have the right to detain for an unpaid fine: no, they do not. Only the court has such powers.

If the case goes to court

So, you decided not to pay the fine or simply, for various reasons, did not have time to pay the required amount. We have already found out what will happen if you do not pay the traffic fine. Now you need to figure out how to avoid trouble.

After the allotted period of 70 days for payment, the case is transferred to the bailiffs. Another 10 days are allotted for this event. This means that you have another short period of time to correct the situation. If you manage to repay the debt within this period, there is a chance that the matter will never reach them.

Information about the inspector who is handling your matter can always be found in the letter that you receive from the court about your debt. Don't be afraid to call this person or seek a meeting with him. The collection payment procedure is not complicated. You just need to get the coordinates from the bailiff where to transfer the funds, and carry out the operation in any way convenient for you.

It goes without saying that all sanctions against you will not be automatically lifted. So, for example, if you have been restricted from traveling abroad, it will take at least a month to restore this right. The best thing to do is to meet your bailiff again after making the payment and show him the paid receipt. This way the mechanism for lifting restrictions will be launched faster.

If it was not possible to avoid taking the case to court, it is important to remember that there are a number of situations when you can hardly be called an attacker. So, for example, the following prevented you from paying a receipt on time:

• long business trip;
• serious illness;
• arrest for another offense;
• forgetfulness without malicious intent. Please note that it will be extremely difficult to prove this circumstance.

In any case, to confirm your innocence, you will have to attach documents containing weighty arguments to your application.

New traffic police fines: Video

In the minds of most Russians, the words “forfeit”, “penalty” and “fine” have a similar meaning, and these are really close concepts. However, the collection of penalties and other types of penalties occurs for various reasons and according to certain rules. Although the Civil Code of Russia does not establish differences between fines, penalties and penalties, and in Article 330 of the Civil Code of the Russian Federation these phenomena are almost synonymous, in practice they differ and are differentiated in other legal acts.

A fine is a type of penalty that is set in a specific amount or as a percentage of the debt. A fine is collected once for a one-time or long-term violation. This measure is often applied to a debtor who does not want to pay a penalty (for example, under a loan agreement).

A fine as a type of compensation should not be confused with a fine in the general sense. The second option involves a monetary penalty for a criminal or administrative offense. A fine is imposed if the subject violates national or local laws (made noise in the apartment after 23-00 and disturbed neighbors, wandered around the streets while intoxicated, etc.)

Important! A fine as such can only be imposed by an executive authority on both an individual and a legal entity.

At the same time, any organization to which the entity does not fulfill its obligations under the terms of the contract has the right to impose a fine due to a penalty. These include banks, microfinance companies, etc.

What is a penalty?

Penalty, according to Art. 330 of the Civil Code of Russia is the amount established by law or agreement that the debtor undertakes to pay to the creditor in the event of failure to fulfill financial obligations. The amount of this penalty is always fixed, and the penalty comes into force from the very beginning of late payments. The penalty under a contract differs from the same type of penalty under the law.

In the first case, the amount of monetary compensation, the payment procedure and the reasons for its occurrence (delay, failure to fulfill contractual terms or improper fulfillment) are indicated in the document by agreement of the parties to the transaction. The accrual of a penalty encourages the debtor to pay off in the shortest possible time, because long-term non-payment is fraught with the risk of falling into a debt trap.

A penalty established by law does not require a contract or any agreement in writing. The amount of payment and the grounds for collection are specified in Article 395 of the Civil Code of the Russian Federation. Legal compensation requires the presence of an evidence base certifying the validity of the exaction measure. Legal assistance and the intervention of independent experts are usually necessary to establish the circumstances of the process. According to the law, the amount of compensation cannot be reduced by agreement of the parties, but only increased.

Reference! The laws of the Russian Federation do not provide limits for reducing the penalty. In the activities of judicial bodies, only a standard applies - the minimum amount of recovery is equal to the double refinancing rate of the country's Central Bank. The rate is constantly changing, and you can find out its exact size on the website of the Central Bank of the Russian Federation.

The difference between a penalty and a fine and penalty is manifested in a number of characteristics. This compensation payment:

• can be specified in any type of contract;
• is a measure of responsibility and a measure of security at the same time;
• must be documented;
• can be accrued both in monetary terms and in property terms;
• charged due to improper fulfillment of obligations in a certain amount;
• can be presented in two forms - under contract and by law.

The legislation defines four types of penalties (paragraph 2 of paragraph 60 of Resolution No. 7):

• credit - partially compensates for losses;
• penalty - charged in addition to compensation for losses;
• exceptional - a penalty in its “pure” form, does not include losses;
• alternative - implies the choice of the creditor to compensate for losses or pay a penalty.

Raising the question of the differences between a penalty, a fine and a penalty is not entirely correct, because legal science considers a fine and a penalty as methods for calculating a penalty. However, there are differences between the accrual principles. Thus, the fine is set in a specific amount and is collected once. But with pennies everything is different.

What is a penalty?

Penalty is a type and consequence of a penalty that relates exclusively to violation of payment and (or) financial obligations. It is calculated as a percentage of the total debt, or as a fixed amount charged for a certain period of delay (50 rubles daily, for example).

Let’s assume that the contract specifies the amount to be paid as 5,000 rubles no later than 14 days from the date of receipt of the acceptance certificate. 21 days, 30 days, a month and a half pass - and no payment is received. The debtor begins to incur penalties in the amount of 0.5% of the debt amount. For one and a half months of delay, 1125 rubles accrue, which must be paid along with the principal amount of the debt.

Attention! Penalties are accrued only if there are grounds for this specified in the contract. Otherwise, such penalties are illegal.

A penalty differs from a penalty primarily in the absence of a fixed amount. This is a floating value that changes from time to time. Most often, accrual occurs when utility payments are late or if insurance premiums are not paid on time.

Possibility of simultaneous demand for penalties, penalties and fines

A simultaneous demand for a penalty, penalties and a fine is impossible. Thus, it is impossible to immediately collect a penalty and a fine, since these measures of liability imply relations between different entities:

• when imposing a fine, the subject (citizen) and the executive branch are involved in the case;
• the penalty is levied by an individual/legal entity from an individual/legal entity.

Even if we consider the concept of “fine” as a type of penalty, these measures of responsibility are combined, and the essence remains the same.

But the simultaneous demand for a penalty and penalties is quite acceptable. If a compensation payment is provided for late payments, then a penalty may be added to it in a certain percentage of the amount of the debt, the size of which will increase as the repayment of the debt is delayed.

There really is a difference between a penalty, a penalty and a fine, although in the legal sense these are the same concepts. In any case, the debtor will have to pay them, and there is no escape from responsibility. Therefore, before signing an agreement, you should carefully study its terms and objectively assess your financial capabilities in order to further minimize the risk of falling into the category of persistent defaulters and spending a lot of money on paying off debts.

Video. ○ Roadside checks. Traffic police inspectors in stationary road complexes and departments involved in registration and issuance of documents for the purchase and sale of a car are also called upon to identify the debtor and check the fine. A check in the traffic police database will show all unpaid amounts and the violator may be detained during the trial. The situation when a traffic police fine is overdue, possible consequences Expired traffic fines A monetary penalty that was issued by a traffic police officer for violating traffic rules, but unpaid before the expiration of the period established by the legislation of the Russian Federation, is considered to be an overdue fine. A person who commits such debts risks being subject to the sanctions provided for in the Code of Administrative Offenses.

Limitation periods and payment of fines. penalties for late payments and failure to pay on time.

Overdue traffic fines A monetary penalty that was issued by a traffic police officer for violating traffic rules, but unpaid before the expiration of the period established by the legislation of the Russian Federation, is considered to be an overdue fine. A person who commits such debts risks being subject to the sanctions provided for in the Code of Administrative Offenses.

Many drivers mistakenly believe that the deadline for paying a monetary penalty is 30 days. In fact, this period is 60 days, which, in turn, come into force after the expiration of the time allocated by the state for appealing this punishment (10 days).

The traffic police fine is overdue - what to do?

If the fact of concealment is proven, then you will have to answer for overdue fines, and therefore receive punishment. The approximate period is 2 years. When calculating the statute of limitations, the period of transfer of the case to the court and the process of sending and receiving letters is taken into account.

Important

If the bailiffs get to the debtor, it is worth checking the statute of limitations - perhaps their demands are quite legal. What to do if the traffic fine is overdue? In the mailbox there is a decision on a fine from the traffic police.

Attention

And it doesn’t matter whether you were detained by a traffic police officer or tracked by the now ubiquitous cameras. When should I pay it or not pay it at all, and what will happen for it? Read below for a small but capacious educational program in the article. Contents of the article ○ Road checks.

○ Limitation periods / validity of traffic police fines. ✔ Calculation of the statute of limitations. ○ When must the fine be paid? ○ Punishment and liability for overdue fines. ○ Limitation periods for video and photo cameras.

How much is the fine for late traffic police fine?

In the mailbox there is a decision on a fine from the traffic police. And it doesn’t matter whether you were detained by a traffic police officer or tracked by the now ubiquitous cameras. When should I pay it or not pay it at all, and what will happen for it? Read below for a small but capacious educational program in the article. Contents of the article ○ Roadside checks. ○ Limitation periods / validity of traffic police fines. ✔ Calculation of the statute of limitations. ○ When must the fine be paid? ○ Punishment and liability for overdue fines. ○ Limitation periods for video and photo cameras. ○ Video. ○ Roadside checks. Traffic police inspectors in stationary road complexes and departments involved in registration and issuance of documents for the purchase and sale of a car are also called upon to identify the debtor and check the fine.
A check in the traffic police database will show all unpaid amounts and the violator may be detained during the trial.

What are the consequences of delaying a traffic police fine?

This was possible due to the fact that the driver was overdue for a long period of time (about 2 years), and this offense was not noticed by either the bailiffs or the executive authorities. In such circumstances, there is only one thing left to do - forget about the monetary penalty due to its expiration. Today, such a phenomenon is very rare, and, wanting to save money in this way, you risk acquiring another administrative offense, for which you also have to pay. It will be very disappointing if you don’t want to pay 500 rubles if you are forced to do community service or, worse, be arrested.
In order not to have to worry about an overdue fine in the future, it is important to pay it on time. This will save you a lot of time and money.

What to do if the traffic fine is overdue?

Important Return to content Video “Expiration date” of a car fine. Viktor Travin tells in the program “Right of the Steering Wheel” on Autoradio.
Return to content Published by: Vadim Kalyuzhny, specialist of the TopYurist.RU portal Did you find the answer? If not, then ask our lawyers: 17 lawyers are ready to answer now. The traffic police fine is overdue - what to do? The first day of the deadline will be the return stamp of the letter.

Read also Actions in a situation where you have paid a fine to the traffic police and have a receipt, but it still hangs in the database If you don’t pay There are people who believe that an administrative protocol was drawn up against them illegally. Instead of proving that the fine is illegal, they simply don't pay. The possibility that someone might “smuggle it in” and not have to pay is minimal.
The statute of limitations is 2 years, but only on condition that the debtor did not hide from the bailiffs.

The situation when the traffic police fine is overdue, possible consequences

To begin with, it is important when exactly the payment was made. It takes up to 14 days to transfer funds, so you shouldn’t worry about it ahead of time. What to do if there is a fine? If it is listed, you need to remember whether there was a violation. To do this, you need to study the resolution. If there was an incident, payment must be made as quickly as possible. If you don't pay it, the consequences will be unpleasant. Read also: Actions in a situation where the fine has been paid and the case has been transferred to the bailiff service. If you cannot remember the situation with the violation, and the driver drives according to the rules, you can try to challenge the fine. It's difficult, but real. Payment Before paying overdue traffic fines, you need to clarify the amount, because the collection could double and the penalty increase. You will also need payment details, which should appear on the receipt.

How is an overdue traffic fine paid?

Any payment methods - the fact that it is overdue does not affect the payment method. The methods are as follows:

• at a bank branch through a cash desk;
• through an ATM or self-service terminal;
• using the websites of the State Traffic Safety Inspectorate or State Services;
• using online wallets.

When paying not through a bank cash desk, the commission may be higher.

If the fine is substantial, then it is more profitable to pay it through the bank. Regardless of the payment method, you must check the details and accounts for transferring the amount so that there are no problems in the future. Conclusion Delays in paying fines occur for various reasons: some have financial difficulties, while others do not know about the collection. Some believe that minor penalties do not need to be paid, but having accumulated 10 such pieces, you can close the border for yourself, so it is better to make payments on time.

Deadline for payment of traffic police fines and punishment for non-payment

For example, for overtaking under a prohibiting sign, crossing a double “solid” road, driving on a one-way street towards traffic participants, etc.

• The longest period for issuing a Resolution - a calendar year - is assigned according to Article 12.8 of the Code of Administrative Offenses of the Russian Federation, Part 1: “Driving a vehicle by a driver who is intoxicated, if such actions do not contain a criminal offense.” Part 2 “Transferring control of a vehicle to a person in a state of intoxication.” and part 3 “Driving a vehicle by a driver who is intoxicated and does not have the right to drive vehicles or is deprived of the right to drive vehicles.”

Failure to pay a traffic fine is itself an offense. Let's consider what liability is provided for failure to pay a traffic fine.

What is the penalty for failure to pay a traffic fine under current legislation?

A fine is one of the types of administrative punishment, and therefore failure to pay a fine by the traffic police is considered as evasion of punishment. Responsibility for such actions is provided for in Art. 20.25 Code of Administrative Offenses of the Russian Federation. According to Part 1 of this article, if the fine is not paid, the culprit is additionally subject to a new fine - already double the amount (but not less than 1000 rubles).

This is relatively easy to bear if the fine is only 500 rubles (as, say, when driving a car with faulty brakes) - in this case you will only have to fork out an additional thousand. However, fines imposed by the traffic police or judges based on materials prepared by inspectors can be very substantial - for example, in the case of drunk driving, the initial fine is 30 thousand rubles, and the one imposed for failure to pay it will, accordingly, be equal to 60 thousand. The saddest thing for the culprit is that the new fine does not exempt him from paying the original one.

What else awaits if you don’t pay traffic fines?

But the matter may not be limited to just imposing a new fine. The already mentioned article. 20.25 of the Code of Administrative Offenses of the Russian Federation provides that the perpetrator may be subject to two more types of punishment:

• arrest for 15 days;
• compulsory work for up to 50 hours.

Fortunately, both of these penalties are applied only instead of a double fine, and not together with it.

In addition, if the fine is not paid on time, then the decision on the administrative case, together with the attached documents, can be transferred for forced execution to the bailiff unit at the place of residence of the culprit. In this case, you will also have to pay a performance fee. In addition, bailiffs by law have the right to seize your property and sell it at auction to pay off the debt. The documents are submitted to the bailiffs for execution within 10 days from the moment the deadline expires and the failure to pay the traffic fine is discovered.

Don't know your rights?

When must the fine be paid?

By law, any administrative fine must be paid within 60 days from the moment the decision on the fine came into force. It should be remembered that in no case can these days be counted from the moment the decision is made: the perpetrator is first given 10 days to file a complaint, then another 10 to consider it (in case of an appeal in court - 2 months). Only after this, the decision, if it is not cancelled, should be executed.

However, the Code of Administrative Offenses of the Russian Federation also provides concessions for those fined. If it is too difficult for him to pay the fine at a time, then, at his request, the court or the traffic police official considering the case may allow:

• deferment of payment for up to a month;
• or installments for a period not exceeding 3 months.

These periods are not included in the 60 days provided by law.

How to avoid paying traffic fines

Of course, the best option is to follow the traffic rules even in small things. But even if a fine has already been imposed, you can still fight. Let's see what can be done in this case (For more details, see How can you appeal a traffic police fine (procedure and deadlines)).

First of all, appeal the decision that imposed the fine as quickly as possible. By law, you have 10 days to do this. A complaint can be submitted:

• to a superior traffic police chief - if the fine was imposed by the traffic police officers themselves;
• to the district court at the place where the decision was made - if you were fined by a decision of the magistrate. However, you can complain to the district court in the first case.

If you did not meet this deadline, but the reason is valid, you should submit along with the complaint a petition to restore the deadline, indicating the reason for missing the deadline - in this case, the deadline may be restored. If you see that you are clearly not meeting the deadline, but there is no good reason, then you can try to file a complaint with the court, without detailing the reasons for your disagreement, but indicating that evidence will be presented at the court hearing. When filing a complaint with the court, no state fee is paid.

If the judge or a higher-ranking head of the traffic police finds your arguments justified, the decision to impose a fine will be canceled. In this case, the administrative case will either be terminated or sent for retrial.

Well, if nothing came of the complaint and the decision was left in force during its consideration, there is no choice: the fine will have to be paid. As we wrote above, non-payment can lead to very unpleasant consequences.

Every driver sooner or later faces the issue of paying a fine. The situation may turn in such a way that it is impossible to repay the debt on time. Therefore, it is worth studying this issue in detail.

Deadline for paying traffic police fines in 2017

The Code of Administrative Offenses gives the violator of traffic rules 70 days to pay the issued fine. This period includes 10 days for appeal and 60 days for payment. If you do not meet this time frame, non-payment will become a malicious act, which is punishable by law.

Regardless of the reasons for non-payment, liability arises in any case. It doesn’t matter whether the person was in the hospital or deliberately ignored the receipt. Evasion does not require evidence; guilt is automatically recognized.

According to statistics, 40% of all fines remain unpaid for various reasons. In all cases, appropriate punishment is applied.

Punishment for non-payment of traffic police fines 2016

Penalties are applied for failure to pay the fine on time. Even if the receipt was paid on the 71st day, there will be a penalty. Its measure is determined in court and is prescribed in the Code of Administrative Offenses:

1. Plus 7% of the fine amount (Article 32.2, paragraph 5). According to the Federal Law, when collecting, the bailiff has the right to collect plus a percentage of the fine amount.
2. Double the fine. If proceedings were initiated by the bailiff based on non-payment, the amount of collection is doubled (Article 20.25, paragraph 1). And the increased amount cannot be less than 1 thousand rubles.
3. Arrest for 15 days. It is not imposed on fines that were imposed based on photo or video recording.
4. Community service lasting 500 hours.

What does the punishment depend on?

The penalty depends on the decision of the judge who makes the decision. It depends only on him whether it will be arrest, forced labor, or will cost an increase in monetary penalties. The most commonly used is doubling the fine amount.

When the bailiffs get down to business

If the fine is not paid within 80 days, the bailiffs will launch a “compulsory” mechanism. For the defaulter, this will result in the seizure of property and freezing of bank accounts.

The court may rule on a ban on leaving the country. This measure is applied if the amount of the overdue fine exceeds 10 thousand rubles.

Since January 2016, another punishment for draft evaders has come into force - deprivation of rights and limitation of their validity in time if the amount of debt is more than 10 thousand rubles. This is also done by bailiffs on the basis of a court decision. If the driver continues to drive with a limited license, he will face a more severe punishment - deprivation of his license for a year or forced labor (50 hours).

To lift the restriction, you just need to liquidate the debt and inform the bailiff about it.

How to minimize punishment?

There are times when there is a desire to pay off debt, but there is not enough money. Then the question arises, can you only pay in installments? And the law provides such an opportunity.

1. A deferment is granted for a month when there is no real possibility of paying off the fine within the established time frame.
2. If the “fine” does not have enough money, the court may decide to extend the repayment period by a maximum of 3 months.
3. The installment plan is not valid for foreigners and stateless persons.

In order to “extend” the payment period, you need to submit a corresponding application to the court and provide documentary evidence of insolvency at the moment. The offending driver admits his intention to pay the fine. If the decision is positive, a monthly repayment schedule will be issued.

Statute of limitations

Some criminals deliberately delay payment, because the administrative fine has a validity period of 2 years. After its expiration, no one has the right to demand repayment of the debt. The punishment automatically goes into the overdue category and is eliminated. The countdown of the period begins 10 days after the issuance of a copy of the protocol to the violator.

But do not forget that after 80 days the bailiffs will take over the matter. Then the situation will become serious and the unpaid fine will result in a large amount.

Exceptional cases

Some “fine offenders” are lucky; they can avoid paying the fine without coming up with clever loopholes. The reason is sometimes occurring software failures of government departments:

• if more than two months have passed since the violation of traffic rules, then the decision is no longer issued;
• if the case was heard in court and more than three months have passed, it is also impossible to make a decision.

For example, the violator received a notification by mail for a violation that occurred more than two months ago. In this case, he may rightfully not pay the fine. Collection is no longer legal.

Bottom line

• check your debt to the traffic police once every 2 months;
• always keep all payment receipts (this will help avoid difficulties with bailiffs in case of failures in the database);
• if the fine was issued unlawfully, appeal it in court;
• When planning long trips, take into account the deadlines for paying fines (for convenience, you can activate an SMS notification).

It is better to pay fines on time so as not to increase their amount due to delay. If you do not agree with the decision of the traffic police officer, appeal it in court, rather than ignore the issue. Neglecting the law will cost more.

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