The lawyer Dmitry Panfilov says:
- This winter, I fell into an absurd, but rather typical situation.
In the morning, as usual, he drove to work by car. Moving along Novoslobodskaya Street, I was about to turn onto the Third Transport Ring. On this section of the road, a continuous lane for turning to the right is separated. Ahead is a camera that records violations of markup requirements. And all would be fine, but right before the bend on the road lay a huge pile of snow. In order to go round it, in any case, I would have to leave the solid line and turn right already from the second lane. This is what I actually did.
Letter for you
After a couple of days, a fine comes. The documents said that at such a time at 64 Novoslobodskaya at the exit to Suschevsky Val, the driver did not fulfill the requirement prescribed by the road marking. I was accused of violating Part 1 of Art. 12.16 Administrative Code "Failure to comply with the requirements prescribed by road signs or road markings" and a fine of 500 rubles was imposed. It would seem that the amount is small, but the fact itself revolted me. A photo from the road camera was attached to the “letter of happiness” - it just proves that I was forced to break the rules. In addition, three more cars fell into the frame, which together with me circled at that moment an obstacle through a solid one. It turns out that literally in one minute the traffic police fined four drivers unreasonably. One can only guess how many of us there were in a day.
The driver is always to blame …Related Materials How I sued outbid and recaptured my money Many motorists believe that since the amount of the fine is insignificant, it is much easier to pay money than to go to court and deal with inspectors. In fact, any such administrative prosecution can and should even be challenged. Because only in this way can a normal coordinated work of city services be achieved.
It is clear that today the fixing of violations in Moscow takes place mainly automatically, but we, the motorists, are assured that in any case there is a certain check in manual mode. In an amicable way, inspectors should not send fines from cameras to people, but contact communal services and tell them to remove snow from the road. In the end, temporarily stop fixing violations on this site or nullify the fines written - this is the responsibility of the traffic police, but for some reason no one did it. As a result, drivers remained guilty.
I will complain!Related Materials Smile, you are being shot: for what and how are traffic cameras fined
According to the law, a car owner has 10 days to appeal a fine. They begin to be counted from the moment of receipt in writing of documents on bringing the car owner to administrative responsibility. As a lawyer, I would not advise you to neglect the time set for appeal, because once it expires it will be much more difficult to prove your innocence. We’ll have to restore the terms, and this is an extra legal movement. At the same time, the burden of proving valid circumstances for which you did not file a complaint will fall on you.
The fine should be appealed to the organization that issued it. In Moscow it can be the traffic police, MADI (Moscow Road Inspection. - Approx. Ed.) Or AMPP (Administrator of the Moscow parking space. - Approx. Ed.) . It all depends on which specific traffic rules you violated. Look carefully at the copy of the decision: it should indicate where and to whom to send the complaint if you do not agree with the fine. In my case, I needed to contact the head of the State Traffic Safety Inspectorate of the Main Directorate of the Ministry of Internal Affairs of Russia for Moscow.
Briefly and to the point
I prepared a complaint about the actions of the traffic police inspector to bring to administrative responsibility.
There is no concrete template for its compilation. Nevertheless, I advise you to attach a copy of the violation order to your letter. This will simplify his search in the traffic police database, and it is likely that the appeal procedure will be faster.
In the text of the complaint, I focused on the forced detour of the obstacle and the absence of a causal relationship between the actions of the driver and violation of the rules of the road. But this is my option. In practice, the car owner can specify in free form what exactly he does not agree with - for example, he had to commit: "forced departure to the next lane"; "Detour obstacles"; “Avoiding a collision”, etc.
Needless to say that your arguments should not look far-fetched. If you have a photo or a shot from a car DVR in your hands, I would advise you to indicate this in the complaint and ask them to be included in the materials of the administrative proceedings. You have the right to demand that the record be reviewed along with other evidence. This is especially true for situations in which there is something to argue about. But then you need to prepare for the fact that you can be called into the traffic police parsing group.
But the mechanism worksRelated Materials The traffic police officer was naughty - four ways to return him to the land Having sent a complaint by mail, I began to wait for an answer. I’ll say from experience that the timing of the review is an open question. According to paragraph 341 of the Administrative Regulation of the STSI, the complaint is considered no later than 30 days from the date of its submission. In exceptional cases, the period may be extended by another 30 days. I was lucky - on January 22 I sent it, and somewhere in the middle of February I received a notification that my complaint was satisfied and the fine was canceled. The whole procedure took a little more than a month. Agree, this is quite bearable, given that I did not have to go anywhere and explain something to someone. I can say that the mechanism for appealing fines really works - you just need to want to and make a minimum of effort.
Keep in mind:
- It is possible and necessary to appeal against unreasonable fines. You allegedly did not pay for parking? - write to the State Institution "Administrator of the Moscow Parking Space" (AMPP). Penalties for parking under the signs 3.27 “Stop is prohibited” and 3.28 “Parking is prohibited” or for parking in green spaces (flower beds, lawns, etc.) are appealed to the Moscow Road Inspection (MADI). Fines for speeding, parking on the sidewalk, pedestrian crossing, places for the disabled and other traffic violations must be appealed to the traffic police. But keep in mind that there are no online appeals in this structure yet.
- Track fines yourself, especially if you are the owner of the car, but in fact someone else is riding, in this case there is a great risk of missing the appeal deadlines. In the age of information technology, tracking fines is easy: the market for smartphone applications is full of services in the spirit of “Find traffic police fines."
- If a refusal came in response to your complaint, then you have the right to redirect it to a higher authority. Yes, it will take more time (not by much), but your civil rights and money are at stake - why should I pay even 500 rubles for a violation that was not there?