Number of fines per time in 2021
How many fines can State Traffic Inspectorate officers issue at one time?
The relevance of this issue remains unchanged from year to year. In 2021, their number is directly proportional to the number of violations. However, there are some nuances.
Surely, everyone has heard such a concept as “corpus delicti”, which is widespread in legal practice.
The elements of an offense are a combination of subjective as well as objective characteristics of the committed actions provided for by the legislation of the Russian Federation, which can define them as illegal and serve as the basis for bringing the subject of the offense to justice.
To prove the driver's guilt, it is necessary to have certain evidence of his guilt. At the time of the examination, he must be sane, an adult, and not driven by a state of emergency. Only if these conditions are met can the “corpus delicti” be recognized.
But traffic police officers are authorized to impose penalties against the driver even if they have only one side of the matter - the presence of an offense. The number of potential fines depends on them.
But not everything is as simple as it might seem at first glance. Thus, the presence of two violations does not always lead to two fines. Conversely, one is not capable of creating only one penalty. In order not to get confused in all the intricacies of the law, let's look at a few examples.
Can a traffic police inspector issue several tickets for one violation?
In some situations, it is quite possible to receive two fines for essentially one violation. The fact is that one offense can fall under two articles of the administrative code at once.
Examples of such offenses include the following situations:
- The driver transports a child under 7 years of age without fastening him in a child car seat. The requirements of two provisions are violated at once: Article 12.6 (transportation of passengers in violation of the rules for using seat belts) and part three of Article 12.23 (violation of safety standards for transporting children in a car).
- The motorist turns onto the road under the “brick” sign and moves along a one-way road against the general flow of cars. This action contradicts the first part of Article 12.16 (ignoring the instructions of road signs and markings) and the third part of Article 12.16 (moving against the flow of traffic on the road).
- Intentionally stopping in a lane intended for route vehicles. The action contradicts the fourth part of Article 12.16 and the first part of Article 12.19 (violation of accepted standards for stopping and parking).
The list of examples goes on: there are many interesting cases when the driver’s actions contradict several rules at once. However, most often there are violations that fall under only one article.
It’s worth imagining that an inspector detained a driver driving a car with tinted windows in the absence of other violations. In this case, the traffic service representative has the right to issue only one fine. This rule is fixed in part five of Article 4.1 of the Code of Administrative Offenses (no one can be convicted twice for the same act).
It is worth noting that the administrative code uses the wording “twice”. A controversial interpretation of this provision of the law arises. Some auto jurisdiction experts report that this wording can be interpreted as “you cannot be held accountable twice, but this does not exclude the possibility of being fined three or four times.” However, these arguments remain just speculations.
The opinion that it is prohibited to reimpose liability is also confirmed by part two of Article 4.4 of the Code of Administrative Offenses of the Russian Federation. This provision stipulates that for serious violations one, but strict, measure of influence must be applied.
Can a traffic police officer issue 2 or more fines for one check?
As a result of the vehicle inspector stopping the vehicle, two offenses were discovered against the driver: he was not wearing seat belts and also had tinted windows. It is worth noting that the extreme point must be proven using a special device - a taumeter.
According to Art. 4.4 Part 1 of the Code of Administrative Offenses, as a result of a person committing two or more administrative offenses, punishment for an administrative offense is assigned for each administrative offense committed. Accordingly, this case cannot be legally prohibited from determining a double fine by police officers in relation to the subject of the offense.
Is it legal to impose several fines for the same offense at the same time?
For some violations of traffic rules on the road, the Code of Administrative Offenses provides for sanctions under several articles simultaneously.
Double offenses include:
- driving under the “Entry prohibited” sign and continuing to move along a one-way road against traffic flow - the punishment is provided for in clause 1, clause 3 of Art. 12.16 Code of Administrative Offences;
- changing over a solid marking line into a lane for public vehicles is punishable under Art. 12.19, art. 12.16 Code of Administrative Offences.
It is not possible to issue 2 fines for such violations. In this case, the paragraph of the Code of Administrative Offenses that provides for more severe sanctions for the offense is applied.
The number of penalties for violating traffic rules during the day is practically unlimited. Here everything depends on the act itself, as well as on the loyalty of the traffic inspector. As a general rule, the principle “how many violations – so many fines” is used. However, correcting some offenses takes time, so for technical defects or lack of compulsory motor liability insurance, penalties are usually issued only once a day. At the same time, during one stop, the traffic inspector has the right to impose several fines at once - for each violation he identifies. In the event that liability for a misdemeanor is provided for under several articles of the Code of Administrative Offences, only one of them applies. The one that contains stricter sanctions.
How many fines are issued per day in Moscow as of 2021?
Despite the current legislation, the Moscow State Traffic Inspectorate continues to stubbornly send two or more fines for one offense. The most common of them include regulations that are related to parking and, in particular, stopping under a prohibitory sign.
Car owners daily leave complaints about illegal “chain letters” from traffic inspectors.
The official response to one of these complaints regarding illegal actions of traffic inspectors is provided on the website of the State Public Institution “Administrator of the Moscow Parking Space” for the city of Moscow: “In similar and analogous situations, protocols should be issued only once a day. Otherwise, when you receive several decisions for a similar violation, you must contact the appropriate authority or by phone: +7 (495) 988-30-59 (ext. 10-19) or send a complaint by email. mail."
When drawing up a fine protocol, it is important to remember that a different interpretation of this paragraph of the Code of Administrative Offenses is not acceptable. It is impossible to imply a triple fine for one driver during the day just because in the wording of Art. 4.1 part 5 there is a phrase “no one can be held responsible twice...”. This is illegal and may carry some liability for the police officer himself.
In conclusion, I would like to note that the number of illegal fines that employees issued and collected from the traffic police is steadily growing from year to year solely due to the fault of the drivers themselves. In particular, due to citizens’ ignorance of their legislation and their own laziness, which does not allow them to achieve the truth through the relevant authorities.
How many fines can be imposed per day for the same violation?
Part 5 art. 4.1 of the Code of Administrative Offenses states that a person cannot be held responsible twice for the same act. However, many drivers interpret the essence of this paragraph incorrectly. Car owners take the norm literally and believe that if a penalty is imposed for a specific violation, then in the future, namely during the day, they will not be fined again for the same offense. In fact this is not the case.
An important point here is that each action of the driver is recorded by the inspector as an independent violation, with a separate offense. The latter includes the place and time of the event. It turns out that a driver really cannot be fined twice for one offense by issuing 2 receipts with the same information about the place and time. Moreover, if a person drives away from the stop where the violation was recorded, and, say, after 500 m another inspector stops him and issues a penalty for the same act, then this will be completely legal. The time and place in the second case will be different.
Here it is worth paying attention to Part 4 of Art. 4.1 Code of Administrative Offences. The paragraph indicates that the very fact of punishment for a specific violation does not relieve a person from the need to urgently eliminate the shortcoming in connection with which administrative liability arose. After being stopped by a traffic inspector, a citizen cannot get behind the wheel without eliminating the reason for the fine. Therefore, it is important to correct the situation immediately and not make any more mistakes. Otherwise, another sanction will not be avoided.
However, in reality, it is not always physically possible to eliminate the defect on the spot. For example, in order to pick up a forgotten MTPL policy from home, you still need to get to it or, if it is expired, you need to visit the insurer. Elimination of one or another technical malfunction or the presence of changes in the design of the car, with which it is considered unacceptable to drive, also require a separate visit to the service center. It is impossible to eliminate such violations instantly.
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In this case, the scenarios will be as follows:
- The traffic inspector will issue a fine and give you 24 hours to correct the reason, which will be noted in the protocol. When stopped again, another traffic police officer should present this document.
- If the inspector who imposed the first penalty does not provide a day to eliminate the shortcomings, then during the second stop it is worth trying to resolve the issue peacefully. The employee will need to explain that the driver is now heading to the place where the defect is corrected. Additionally, it is worth presenting the protocol and asking not to impose another punishment. You can also refer to clause 2.3.1 of the Rules, which states that if the fault cannot be eliminated on the spot, then the car owner can proceed to the service center using precautionary measures.
At the same time, one-time acts - not fastening a seat belt, failure to comply with speed limits, tinting (if it can be removed on the spot), failure to allow a pedestrian to pass in the right place, overtaking, illegal parking - are punishable after the fact. The principle of “violation – fine” applies here. If the driver has already been punished for these offenses once, then the next recording of such behavior on the same day will lead to a new penalty. There are no restrictions or exceptions here.
The number of fines issued on the same day for different traffic violations can also be any. For example, a person can be held accountable under the Code of Administrative Offenses for not fastening his seat belt, and 2 hours later he can be fined for speeding. And this will be lawful, but, of course, only if there is the very fact of committing an offense.
How many fines can traffic police officers issue at one time?
We hope that we have answered your question and now, knowing how many fines can be issued in one day, you will be attentive and careful. Do not forget that the roadway is a high-risk area, and your vehicle is a potential threat to all people around you.
Another issue is that our legislation has a fairly extensive list of very similar charges. For example, the wording “Driving on a one-way roadway” and “Driving against the flow” - you must agree, this is the same thing. An unscrupulous traffic police officer may try to fine you for both of these violations, but you should know that this is not legal. The same applies to a fine, for example, for “Unfastened child” and a fine for “Incorrect transportation of a child.”
Violations by traffic police officers (read more...)
What MADI fines in Moscow: For parking under prohibitory signs 3.27 and 3.28 on public roads inside Moscow; For parking in a green zone (on the lawn) in Moscow; For failure to comply with the conditions for loading and unloading operations at night (noise, light, vibrations during loading/unloading near housing in Moscow); For non-compliance with the rules for transporting passengers and luggage by taxi in Moscow.
Write a statement to the prosecutor's office, as well as to a higher division of the State Traffic Safety Inspectorate/Ministry of Internal Affairs regarding these violations of procedural issues. For which, by the way, it will be very easy to cancel the administrative punishment, if one was imposed by the court. But this is by law.
Violations by traffic police officers
I received a notification about a ruling regarding illegal parking in a green area and lawn. A resolution was issued by the MADI organization; the consideration of this violation took place without the participation of a traffic police officer. The recipient of the fine is the MADI organization. Does this resolution have legal force, and should I receive this fine?
Traffic police officers stopped me for the curtains on the front doors. I corrected the violation on the spot. They searched my car anyway and confiscated the curtains. Do they have the right to do this if I myself eliminated the subject of the violation on the spot?
Examples of situations
In order to find out how many protocols the traffic police can issue at one time, we suggest that you familiarize yourself with the following situations.
When you may be issued multiple fines
Let's say an inspector sees that you are moving at a clear speed limit. Of course, after waving the baton, you will pull to the side of the road and a servant of the law will approach your car. We strongly recommend that you stop at the first request of the inspectors and do not aggravate the situation by “disobedience to authorities.”
Approaching your car, the traffic police officer sees that you are driving without a T-shirt . Let us remind you that this is not legal.
In addition to the excess, a protocol is also drawn up against you stating that you are moving in an inappropriate manner. When checking the documents, it turns out that your insurance is not in place or has expired. And, yes, now a third protocol will be drawn up.
The license plates on your vehicle are too dirty and legible - the employee has the right to record this too. an additional protocol on your hands .
But if, on top of everything else, it turns out that you have unbelted passengers sitting in front or behind you, and no belt was noticed on you, you and your companions will also be issued another fine .
But it was only one inspector. With this whole bunch of protocols drawn up, you drive away from one checkpoint and now, having driven quite a bit, again breaking the speed limit, you come across another one. Wave the baton, curb, stop. You are facing the same charges because the violations were not eliminated - the tinting is in place, the passengers and you are also not wearing seat belts, you are not wearing a T-shirt, and the first fine for speeding did not teach you anything. The only thing for which a repeated fine will not be issued is for insurance . But more on that in the next chapter.
How to challenge fines
If the inspector has already issued a fine, it is extremely difficult to challenge it. The entire procedure will be carried out through the court. Of course, you need to collect a complete evidence base of your innocence and the wrong actions of the traffic police officer.
- You need to write an application on the traffic police website or come to the department.
- It is necessary to collect all the evidence (eyewitness testimony, recorder) and prepare documents.
Checking traffic police fines by VIN code
In fact, court decisions are often made in favor of government agencies. How many traffic police fines can you have per year or per day? Over the course of a year or a day, there can be as many fines as the inspector issues. In fact, their number is not limited in any way. On the other hand, there is information about a possible law in the future, when violators of the rules 3 times a year or more will be deprived of their driver's license for a certain period.
Important! Today, fines can still be paid with a 50% discount (except for drunk driving). Therefore, it is better not to accumulate receipts, but to pay them off immediately. Better yet, try not to violate and behave according to the rules on the road.
And remember that the safety of all road users depends on the correctness and adequacy of actions on the road.
