Traffic fines for speeding. Allowed Speeding

It is worth starting with the decoding of the abbreviation: SDA - melted traffic, which regulate the responsibilities of all its participants (passengers, drivers of vehicles, pedestrians, etc.), technical requirements for vehicles in order to ensure proper traffic safety on the road.

In our country, this set of rules contains such sections as general provisions, pedestrian responsibilities drivers, passengers, different signals, overtaking, parking, speed, intersections, etc.

According to them, the driver must drive his vehicle with a certain speed (observe a number of restrictions).

Classification of Constraints

They are:

1. Are common. These restrictions are specified in clauses 10.2 - 10.4 of the above Rules. They are applicable to the entire road network, without exception.
2. Special. These restrictions apply only to certain vehicles (modes of transportation).
3. Local. They are set depending on the prevailing traffic conditions on certain sections of roads. The main distinguishing feature is the practical implementation through road signs.

But nevertheless, to ensure safety, the driver is obliged to independently select the optimal speed based on a number of conditions (for example, specifics, condition of his vehicle, traffic intensity, load, visibility, road conditions, meteorological, etc.).

The nuances of bringing to administrative responsibility for speeding

It is possible to identify the violation in question through special technical devices that are allowed to be used as special measuring instruments. So, in the Russian Code of Administrative Offenses, a moment is recorded regarding the fixation of a violation of the permissible speed regime by these automatic devices, more precisely, the fundamental constitutional principle does not apply in this situation - presumption of innocence (the culprit is the owner of the vehicle).

An exception is the proof by the owner of the location of his vehicle at the time of the administrative unlawful act in the possession (use) of another person, his retirement from possession due to unlawful acts of third parties.

The outcome of this offense

The penalty for speeding 10 - 20 km / h may be as follows:

1. A warning.
2. Traffic fines for speeding.

In this situation, the choice of the appropriate punishment is made on the basis of the totality of the circumstances of the offense. In the case when the driver’s actions did not result in socially dangerous consequences, the traffic police inspector cannot choose the second punishment option (speeding ticket). In this regard, the violator escapes with only a warning.

SDA: speeding

Compliance with the speed limit when driving a vehicle is regulated by Chapter 10 of the above document and has a direct impact on road safety.

According to official statistics, speeding is almost the main reason for most accidents, as a result of which it is recognized as the most common type of traffic violation. For the commission of such an unlawful act, liability is provided for in accordance with our Code of Administrative Offenses. The speeding penalty in 2015 remains the same as before.

Circumstances Affecting Variety of Constraints

This includes:

• location of roads (settlements), their categories (ordinary, highways);
• type of vehicle, its technical characteristics (passenger car, bus, truck, motorcycle);
• functions performed (passenger transportation, towing, etc.).

Key Limitations

They are presented in the table below.

According to the notes to the SDA, the executive authorities of the constituent entities of Russia have the right to increase the maximum permissible speed on individual sections of roads within settlements with the installation of the necessary road signs. All this, of course, is possible provided there is no negative effect that can affect the road safety. The maximum permitted speed should not be greater than that established for the movement of certain vehicles on highways.

Penalties for the violation in question

It is not yet known whether the maximum speeding will be corrected (without the aforementioned punishment), so it is worth considering the issue of penalties for the unlawful action being examined.

They depend on how much the maximum permitted speed value has been exceeded, as well as on the method of fixing this illegal act.

For visual perception, traffic police fines for speeding are presented in the table below.

In addition to the above article of the SDA, a fine can be collected for failure to comply with the established requirements, which are provided for by road signs. It is important to note that this does not matter how much the speeding has been made. The result of this is a warning or a fine of 500 rubles.

Throughout the past year, information has often surfaced that it is planned to cancel the permitted speeding of 20 km / h. It can be replaced by 10 km / h.

It will not be superfluous to emphasize, as can be seen from the table above, that the minimum fine for speeding this year is 500 rubles, and the maximum - 5,000 rubles.

Means of fixing the violation in question

They are radars, which can be:

• mobile
• stationary;
• portable.

The former and the latter are used by the traffic police inspectors in the course of monitoring and ensuring the proper safety of traffic police on individual road sections. Portable radars are hand-held devices, and mobile ones are fixed on a patrol car (mounted on a tripod).

In the situation of the detection of a violation by the traffic police officer (exceeding the speed allowed on the corresponding section of the road), the driver may require the following:

• get acquainted with the readings recorded by this device;
• provide evidence that they were recorded specifically for a particular car (in the case of measurements at an intense flow of vehicles);
• present an existing certificate for this measuring instrument, which must indicate the period of its next metrological check, the permissible error of this radar.

Stationary devices are mounted on specially designed structures that are located along the roads (where the traffic of the vehicle is as intense as possible, on road sections with a high accident rate). The principle of action is to monitor the movement of the vehicle in automatic mode, including identifying, recording the facts of exceeding the permissible speed by cars with the establishment of their license plates.

Further, the received data is transferred to the corresponding information center, where subsequently, decisions regarding an administrative offense are also automatically generated and printed, and then after three days they are sent by mail in the form of a registered letter to the vehicle owner (the entity to which it is registered).

A penalty for unacceptable speeding (Article 12.9) is issued directly to the owner of this vehicle, even if, at the time the offense was committed, he was not driving it. Appeal the decision is permissible in the traffic police department, in court for 10 days, starting from the date of delivery of the above registered letter.

It is worth noting that this kind of method of fixing a committed offense provides for a number of restrictions regarding the size of the fine, more precisely, it is equal to the lowest value that is presented in the sanctions of the relevant article.

Possible corrections in the law regarding the violation in question

It is worth considering the fact that fines for unacceptable speeding (10 km / h, 20 km / h, etc.) can also change. In September last year, the Road Safety Commission drafted a bill to amend the existing traffic rules, which is for consideration by our Government.

It provides for the introduction of a system of fines for the violation in question committed within the boundaries of settlements (more than 71 km / h), highways (more than 121 km / h). It is not yet known when this law on speeding (above) will come from the Russian Government to our State Duma. It is only known that this will not happen in the first half of this year.

It is also worth recalling that any speeding (10 - 110 km / h), even if there is no responsibility for its commission, is still considered non-compliance with traffic rules. In this regard, in a situation when an accident occurs, during which it is established that one of the drivers is inadmissible to exceed the speed limit even by several kilometers, such is automatically recognized as his culprit. This circumstance is the basis for the refusal of insurance companies to pay the due amounts and compensations.

An example of bringing to administrative form responsibility for the offense in question

There are situations when in the actions of one of the drivers at the same time there may be several offenses related to exceeding the permissible speed. For convenience, you should use a good example.So, in the boundaries of the village on one of the road sections a road sign 3.24 is fixed, according to which it is necessary to limit the speed of movement to 40 km / h. The driver drove here at a speed of 104 km / h. As a result, his actions include the following offenses:

• failure to comply with the requirements of the existing traffic sign (in this case, it will not matter how much the permissible speed was exceeded);
• excess of permissible speed within the settlement;

For the first violation, a certain administrative punishment is provided, which can be implemented as a warning or a fine (size - 500 rubles). For the second unlawful act, a fine equal to 1000 - 1,500 rubles is imposed.

In accordance with our Code of Administrative Offenses, an administrative form of liability is applied to a subject who has committed an act including 2 or more offenses in certain amounts, depending on the sanction providing for more severe punishment.

So, the fine for an unacceptable speeding of 40-60 km / h is 1,000-1,500 rubles. And in the event that it is established that the driver has already been held liable for the last year, his actions will also include the offense set forth in Article 12.9, as a result of which he faces a fine of 2,000 - 2,500 rubles.

In a situation where the driver would drive the above section at such a speed as 52 km / h, his warning would be a warning or a fine of 500 rubles.

Adjustments to traffic rules made in January of this year

They are as follows:

• it became possible to drive a vehicle without a power of attorney, provided that all persons vested with this right will be included in the insurance policy;
• for the initial exit on tram tracks (oncoming lane) a fine of 5,000 rubles is provided, and sometimes depriving the driver of his rights for 4-6 months; in the event of a subsequent violation of rights, they are deprived for one year;
• for exceeding the permissible speed limit by more than 80 km / h, a fine is charged, the amount of which can reach 5,000 rubles, and the driver is also deprived of his rights for 4-6 months; provided that the offense is recorded for the first time, the fine is reduced to 2,000 - 3,000 rubles; in the case of repeated speeding more than 60 km / h, the penalty will be a fine of 10,000 rubles and deprivation of the right to drive a vehicle for a period of one year.

Rules have also been introduced regarding the punishment of drivers who have committed an offense recorded by special traffic surveillance cameras. In particular, a U-turn oncoming lane (if this is recorded by cameras) will be punished by the collection of fines, which can reach 5,000 rubles, and in some situations repeated violations can lead to a judicial sentence in the form of withdrawal of a driver’s license.

As for the adjustments in compulsory motor liability insurance, an important point is the increase in the cost of the policy itself in the situation of the occurrence of one of the insured events during its validity period by approximately 2.5 times. In addition, the new amendments contain a clause - a punishment for the car owner who has not entered information about the driver driving his vehicle in a special policy. This offense will be punishable by removal of registration numbers with the possibility of their subsequent return only after 24 hours.

A particularly important change in the SDA raised the issue of drivers who drove the vehicle while intoxicated (drug, alcohol, toxic intoxication) and who refused to undergo a medical examination.

As a result, on the basis of new amendments to the SDA, a number of new articles were introduced into the Russian Criminal Code, namely:

• Art. 47 (permission to deprive drivers of their rights for life with a ban on taking on the driver’s position in a situation where there was a drunk driving, resulting in an accident that resulted in the death of 2 or more people);
• Art.264 (imprisonment for 3 years with the withdrawal of a driver’s license for 5 years in a situation where the driver, while in a state of intoxication, provoked an accident, during which an especially serious harm was inflicted on the health of the injured; punishment as forced labor is excluded);
• Art. 265 (forced labor for 1 year with deprivation of the driver’s rights for 10 years or imprisonment for 3 years with a ban on driving for 10 years - all this is a punishment for those drivers who re-controlled the vehicle while intoxicated).

Car DVR: appointment

It provides an opportunity to prove what actually happened on the road, and who is to blame for the accident. Based on the data received from the DVR, you can defend your innocence, challenge the illegally issued fine.

In order for the recording from this device to have legal force, and it could be used during a court hearing, you will need to do the following:

1. Inform the witnesses, traffic police inspector that the vehicle has a video recorder. The latter should fix this in the protocol (model, brand of the DVR, orientation of the cameras). In the event that the traffic police officer refuses to enter the above information into the protocol, the driver must indicate this before signing it. An important point - the date and time on the DVR must be correct.
2. Transfer the information medium (“flash drive”) to the inspector. This should take place in the presence of several witnesses. It is advisable to seal it in an envelope. A special point - during the procedure for removing this media, you will need to indicate its type and signs in the protocol (for example, a 10 GB SD memory card with a scratch similar to the letter “T”). If the record was provided to the inspector at the time of the accident registration procedure, then this is evidence in court in case of its substitution, change.
3. It is possible that due to the collusion of the interested party and the traffic police officer, the provided carrier may be damaged (lost). If it is possible to make a backup (in some models of DVRs there is such a function), then this must be done before the record is transferred to the inspector, and the memory card itself is allowed to be kept.
4. In any case (when transferring the memory card to the inspector or keeping it at home), the court will necessarily appoint an examination to establish the authenticity of the submitted record.
5. In a situation where the record remains in the hands, a copy is taken from it, which is subsequently sent by registered letter to the court.
6. During the trial, it may be necessary to demonstrate the principle of the DVR, to present a device for playing back the recording.

Thus, if we summarize all of the above, we get the following: video is the best way to prove innocence, but for it to be accepted by the court, it must be genuine and obtained by the legal method, refer to the case under consideration

In the end, it is worth recalling that the maximum speeding (more than 80 km / h) is punishable by a fine of 5,000 rubles and the withdrawal of military vehicles for a period of 4 months to six months.