How to appeal a fine traffic police from the camera?
The task of cameras is to maintain order on highways. But unfortunately, they are very mistaken, they often and systematically upset the fines of even disciplined motorists. It must be said that in relation to cameras of video fixation, such a notion as the presumption of innocence does not apply, there is a reservation regarding this in the Code of Administrative Offenses. So, no motorist is required to prove his guilt – on the contrary, the latter will have to confirm the opposite if the camcorder is wrong.
Although the procedure for contesting penalties is not so complicated, but it is quite lengthy and tedious for a motorist.
Why are video fixing cameras mistaken?
The authorities do not hide that, so far, video fixing cameras can not work without errors. Therefore, some restrictions were introduced into the law: for the violation that was recorded on the camera, the driver-violator can not be deprived of the VU or arrested. The only thing that threatens him is a fine. The reason, in principle, is understandable, because if the camera has made a mistake, then the money the driver has the opportunity to return. But the days spent behind the grid – to return again will not work?
To understand why the cameras are wrong, we need to figure out how this whole system works. The chain contains four main links: the camcorder – the operator of the CAFAP – “gibddeshnik” – motorist. The camera first detects the violation itself, and then the image is sent to the processing center. CAFAF is responsible for cameras. It is here that the state numbers of cars are automatically determined with a photo, their owner is determined on a base and a fine decision is made. All received results from the camera are checked by the operator. If he finds that the video fixation camera has worked correctly, then the decision will be changed to the DPS inspector. An employee of the Auto Inspection signs a decree and sends it to the offender. The driver who received the “letter of happiness” by mail is left with only one, either to obey and pay a fine, or to try to prove innocence.
The mistake may collapse due to the appearance of two machines at a glance at the camcorder, due to which the device recognizes the infringer of that other motorist.
But the reason may be the error of the CAFAF operator.
fine traffic police from the camera
A bit about the terms
The traffic police inspector must send an order for violation within three days. To tell, after what time comes a fine from a video camera is definitely difficult, because everything depends on the Post of Russia. This usually leaves for 7-10 days.
But this time should not be taken care of by a motorist, since the count is not from the moment of the receipt of the receipt, but from the day that the violated motorist will receive a “letter of happiness”. The owner of the car is determined 10 days to appeal. If he does not succeed, then the ruling after this period comes into force and a 60-day countdown begins. 2 months for a motorist enough to pay a fine.
For non-payment of a fine, the motorist will receive a fine in double amount or will be punished by compulsory work for a period of up to 50 hours. But the perpetrator can well avoid sanctions if the bailiffs do not come to him. The term of the violation is valid for 2 years, and then the fine and the violation “burn”.
And when does it make sense to appeal?
If the car owner doubts that he has committed a violation or can not prove the right. It is not necessary to argue with the “dpsnik”, for most likely it will be meaningless. But about how to protest a fine, think worth it.
– The registration number of the car was considered by CAFAF incorrectly.
– the speed which, according to the video fixation, the machine demonstrated, is contrary to its technical characteristics.
– the violation from the camera is fixed in a place where there is no prohibitive sign.
– if for one violation the driver received 2-3 “letters of happiness”.
– the car was not owned by a car owner, but the other. The owner will have to prove that his car was transferred to another person under the power of attorney.
Protesting a fine in the absence of a road sign is useless, because nobody should warn the motorist about the camera of video fixation.
And where did the motorist complain?
Art. 30 COP indicates several ways of contesting a fine from the camcorder. The complaint goes away
1. An employee of the State Tax Inspectorate who has signed the resolution on the violation.
2. His superior boss.
3. To the district court.
Is it possible to challenge the penalty at all?
If you are very lucky, then perhaps you can. Complaint in traffic police, this is usually a blank formality. If, however, he is immediately sued, the judge will still ask why the owner of the car did not handle everything himself with the traffic police.
How to write and file a complaint?
I must say that a special form of complaint to appeal
There is no fine from the camera. However, based on how the claim will be correctly described, the decision will be determined. Here’s what you should specify in the complaint:
– place in the header information about the addressee and the addressee.
– links, to attach importance to the application, to normative acts.
– Attach as proof of innocence photos or pics