What to do if the traffic police fines are overdue? The occurrence of such a situation is associated with the actions of the driver himself, and with other factors independent of him. What consequences will the driver face, and on what should he build his protection?
Legislative regulation
The answer to the question: "What should I do if the traffic police’s fine has expired?" contained in the Code of Administrative Offenses. The Code establishes the possible sizes of the fine, the powers of the officials, the procedure for considering the case and appeal. The law describes the actions that a driver can take.
The code also describes the consequences of refusing or evading the payment of a fine.
Some clarifications are given in the resolution of the Plenum, dedicated to bringing to administrative responsibility. Periodically, additional clarifications are given in court practice reviews.
Fine payment deadlines
When the question arises: “What should I do if the traffic police’s fine has expired?” The law establishes a special procedure for the execution of administrative punishment.
So, citizens are required to pay a fine no later than 60 days after the decision becomes legal. This period is extended if installment or deferral is applied.
Deferral can give another extra month, installments - 3 months. They do not apply if the offenders are aliens or the vehicle driven by the driver is owned by a foreign company.
In this case, the obligation to pay a fine arises from the day after the entry into force of the decision. Before a foreigner leaves the country, his debt must be paid. Unlike citizens, he has only one day after the entry into force of the decision.
The traffic police inspector who issued the decision must indicate in it from which date the deferral or installment plan is counted.
By the way, the time is calculated taking into account the period for appeal - 10 days. They begin the day after the decision. This also applies to foreigners.
Action Benefits
What to do if the traffic police fine is overdue in case of granting benefits? This means the right to pay a fine with a 50% discount. In clause 1.3. Art. 32.2. The Code of Administrative Offenses indicated that it is applicable to chapter 12 of the code. Articles to which the provisions of the exemption do not apply are indicated in the same paragraph.
Payment must be made no later than 20 days from the date of the decision. The appeal period does not extend this period of time. If installments or deferrals are applied, preferential rules do not apply.
If a citizen wishes to appeal the decision on imposing a fine, in case of losing the case in court, preferential “rates” are no longer applicable.
Delay onset
It is related to the expiration of the appeal period or the entry into force of a court decision. Usually, the act of the court of appeal immediately enters into force. Here, this date and date of appeal are not related. Therefore, by submitting complaints to higher authorities, anyway, a citizen runs the risk of being in debtors before the treasury.
If the person involved does not apply, then the delay is considered to have occurred after all the deadlines for appeal.
What to do? Delayed payment of a fine in the traffic police! When thinking about it, it depends on the circumstances, in particular, whether the decision to impose a fine was appealed or not.
Payment details
A receipt is attached to the file. Payment can be made using banks and payment systems. It is advisable to make sure that there are receipts or bank statements on hand. The fact of the wire funds is stored in the system “State services”. True, the use of the service, according to many citizens, is risky.
According to the law, payment is considered to be made on time if the money was transferred or entered into the system on the last day of the period allotted for payment of the fine.
The problem is that there is a serious time gap between the dates of payment and the receipt of information in the corresponding databases.
What actions are taken by officials?
If, for some reason, the system does not have data on the fact of payment after the set time has passed, documents about the overdue traffic police fine are transferred to the bailiffs.
How does everything happen? A judge or police inspector forms a second copy with a mark on entry into force and sends it to the FSSP. Now it is allowed to use an electronic information exchange system. The electronic copy is certified by the digital signature of the official or judge.
On a general basis, the bailiff initiates the proceedings for the collection of the fine.
Additional Consequences
The bailiff also draws up an administrative offense report for evading punishment if the debtor fails to pay the fine on time. The punishment for an overdue traffic police fine can be quite serious.
The law provides for the following options:
- double amount of the fine that the debtor was required to pay (but not less than 1000 rubles);
- administrative arrest up to 15 days;
- compulsory work up to 50 hours.
The law excludes the use of arrest in respect of those whose violation was recorded using cameras, and administrative material is based on video and photo materials. Materials are considered by the justice of the peace
Payment of a fine after delay
Skipping deadlines and serving a sentence does not eliminate the obligation to pay a fine. The earlier the debt is paid, the less problems the debtor will have.
How to pay an overdue traffic police fine? Contact the service and receive a new receipt, in which new data will be entered. If the materials are handed over to the bailiffs, then the receipt is already issued by them. Typically, the material is transferred to the area at the place of residence of the applicant.
If the collection proceedings began by mistake
The system for fixing state and municipal payments is a cumbersome mechanism that does not always work as it should. Because of this, having no information about the payment of the fine, they initiate the recovery process.
What to do in such a situation? Find information about the payment of the fine and provide it to the bailiff. It is better to do everything yourself, without waiting for the official to start doing this. And the production will be closed.
You can check the existence of enforcement proceedings against yourself on the FSSP website. The website of the police unit provides information on fines of the traffic police and for expired rights, including.
A notice of the opening of enforcement proceedings shall be sent in writing.
At the hearing
The bailiff may have time to send materials for proceedings in a magistrate court. If you do not appear on the agenda, then the case will be lost. The judge will make an acquittal decision if he receives evidence that the fine was previously paid.
If the person involved did not appear in the court of first instance, then the district court, considering the complaint against the decision, will take an interest in the reasons for this.
Statutes of limitations
According to Art. 31.9 Administrative Code, two years are given for the execution of the decision on the appointment of a fine. If for some reason the state has not taken appropriate measures, the debt is canceled.
If it is not possible to find the guilty person or his property that could be seized, the statute of limitations shall be suspended. Once they are discovered, the flow of time continues.
Suspension or postponement of execution is also considered a reason to suspend the flow of time. If an installment plan has been applied, the statute of limitations is extended by the appropriate length of time.
Finally
Paying overdue fines by the traffic police may be a salvation. The punishment will not be so severe. If the statute of limitations has expired, the person concerned has the right to declare this in court and the case will be dismissed. I must say that termination is possible at the pre-trial stage. Usually, with serious flaws, administrative materials are not sent to the court.
It should be noted that the statute of limitations is important in case of inaction of the authorities. If officials took measures, then in this case, the rule on limitation of time does not work in favor of the citizen.