This is how I can deprive of the rights for unpaid fines
You have unpaid fines for traffic violations?
Yes No don’t know still
Has not paid the penalty – lost a driver’s license.
You always pay on time traffic fines? No? Did you know that for late payment of fines, you may lose a driver’s license? Surprised? But it’s true. But actually this is not quite the same deprivation of rights, as, for example, for a traffic violation (e.g., for drinking). Nevertheless, in our legislation actually has a provision that allows the court bailiffs to limit the driving licence of the driver of the debtor. Our publication 1gai.ru offers you learn how you can remain without rights in the case of debts for traffic fines.
We know that all administrative penalties must be paid within strictly defined by the law. In the case of non-payment of fine for a fixed period of time (60 days from the date of entry into force) the person does not pay an administrative fine, it may be brought to administrative responsibility under article 20.25 of the administrative code:
Article 20.25. Evasion from execution of administrative punishment
1. Failure to pay an administrative fine within the period stipulated by the present Code, shall entail the imposition of an administrative fine of twice the amount of the unpaid administrative penalty, but not less than 1000 rubles or administrative arrest for up to 15 days, or compulsory work for up to 50 hours.
That is, if you do not pay on time a fine for a traffic violation, can be held by the court to administrative responsibility under article 20.25 of the administrative code. In this case, if the original fine, which you have not paid in the statutory period, were issued for traffic violations recorded by the complex photo and video recording, as a rule, the court shall issue a decision imposing on you new fine, the amount of which would be twice the amount of an unpaid fine. That is, for example, if you have not paid in time a fine of 1000 rubles for late payment of fines you can be fined up to 2,000 rubles. If the fine was issued by the DPS, in the case of late payment, you could face not only a fine of double the size, but even the arrest up to 15 days.
So, as you see, fashion trend now not pay in time the penalties are fraught with even greater losses. Including in the case of non-payment of fines issued for traffic violations.
But, despite the presence in the Russian legislation of stringent measures for late payment of fines in our country, a growing number of debts for administrative offences. Thus, according to statistics of the Federal service of bailiffs this year (as last) the rise of debts for unpaid fines. Including growing debt and fines for traffic violations.
That is, people are not afraid of article 25.25 of the administrative code. But why? Indeed, in the case of non-payment of the fine within the statutory period (60 days from the date of entry into force) people can actually spend more money.
The thing is that the traffic police do not have time for all debts to forward administrative cases to the courts. Also, the judicial authorities do not have time within the statutory period to consider any administrative proceedings on untimely payment of fines. In the end, a large proportion of these administrative cases closed due to expired limitation period.
In the result, the vast majority of drivers does not pay the fine within the prescribed period, remain unpunished. Of course, impunity generates more an avalanche of non-payment of fines. Many drivers even teach each other how not to pay fines for traffic violations. The more that fear of administrative arrest up to 15 days in the case of the fine cameras of the traffic police is not necessary, as the courts in this case can impose only a fine of twice the size.
But despite this, the bailiffs do not give up and try all possible ways to knock out the drivers-debtors for unpaid fines. And given the fact that as of the end of the first quarter of 2018, the number of enforcement proceedings for unpaid fines in a timely manner at the request of the traffic police is 15.4 million units. Can you imagine how many unpaid fines across the country?
This huge amount of money that was supposed to go to local budgets.
In what period of time the driver or car owner is obliged to pay traffic fines?
Under current law for payment of the fine is given for a period of 60 days from the date of entry of the administrative Protocol in force. Recall that by 60 days you can safely add another 10 days as from the date of adoption of the resolution on attraction to administrative responsibility you have 10 days to appeal it in court.
That is, if you received “the happiness letter”, the first 10 days of receipt of a copy of the decision on bringing to administrative responsibility you are given for appealing against the decision in court. Further, if you did not appeal the decision, it is after 10 days comes into force. You then have 60 days to pay the fine. If you have not paid the fine within 70 days, it will be added to the database of traffic police as delinquent.
As a result, the traffic police authorities can forward the documents on your case from the bailiffs who will recover from you debt. Also the traffic police has the right to make a report under article 20.25 of the administrative code of the Russian Federation in connection with untimely payment of the fine and forward it to the court, which may impose on you a fine in the double size of the amount is not paid in time penalty (but not less than 1000 rubles), or, in default of payment of fine imposed by traffic police, to arrest you for up to 15 days.
As the bailiffs collect debts on fines?
So, imagine, you have not paid within 70 days of traffic fines. As a result, the traffic police authorities of the information about your administrative case can be filed with the Federal court bailiffs service, which will excite against you the enforcement proceedings.
At the moment, for the recovery of various debts from the bailiffs-performers have quite broad powers and possibilities. For example, the bailiffs can send your employer a writ of recovery from your pay part of the debt for unpaid fines (if a large amount of debt) or to completely write off your pay the full amount owed for fines (if the amount is small). In this case, your employer is required to withhold from your pay the required amount.
Including the bailiffs have the right to request in different banks information on have you open Bank accounts, as well as information on the amounts placed on these accounts. In the case of your Bank accounts the necessary amounts for repayment of the fines the bailiffs has the right to unilaterally deduct the money from your Bank accounts.
In addition bailiffs have the right to impose on your car the restriction registration in the SAI. That is, in fact, in this case, you will not be able to sell the car, change of owner. Judicial bailiffs as interim measures to recover the debt can seize your property, prohibit travel outside the Russian Federation and even to deny you a driver’s license. However, the latter measures apply only if the amount of debt exceeds 10 000.
How do you lose the right for the debts of the fines?
And now we come to the main – deprivation of rights for unpaid traffic fines. So as you can see from the bailiffs-performers have many opportunities to recover from you any debt. Including debts for unpaid fines for traffic violations.
But it often happens that the drivers and the debtor has no Bank accounts, no formal job, no assets. In this case, the bailiffs can go to extreme measures to limit the debtor to travel outside of the country or, even worse, imposing a restriction or suspension of driving license, effectively preventing a driver’s license of the debtor.
Yes, it is, of course, not a driving ban, which applies to drivers who grossly violated the Rules of the road (exit at the opposite, the repeated gross violations of traffic rules, driving while intoxicated, etc.). Nevertheless, such a measure really would leave the debtors without a license, as the bailiffs can under current law to impose as interim measures to recover debts limitation on the action of various documents (e.g. driver’s license).
In this case, the court bailiffs depending on the circumstances of the administrative case or go to court with a request to impose restrictions on the driving licence of the debtor, either by itself render the Ordinance.
By the way, after the decision on the restriction of the driver license, the driver must pass a driver’s license is deposited in the court bailiffs, who in turn should send to the traffic police a copy of the decision to make information about the limitation of the driver’s license into a single database GAI.
By the way, if the driver does not pass the driver’s license is deposited in the bailiff service, he may be brought to administrative responsibility under part 1 article 17.14 Cao RF (a fine of 1000 to 2500 rubles).
In some cases, for the debts will not be deprived of rights?
We have already raised this issue in the article “New law on deprivation of a driver’s license for failure to pay child support and fines”, where in detail about all the nuances of the new legislation, which unleashed the bailiffs hands for the collection of debts.
Under current law, the bailiffs if you have debts more than 10,000 rubles you can deprive the debtor’s driver’s license not in all cases. Here in some cases, you can’t deny driver’s licenses for debt:
- – If the establishment of such a restriction deprives the owner of the primary, legitimate source of livelihood
- – If the use of the vehicle and/or vessel is for the debtor and living together with him members of his family the only means to ensure their livelihood, given the limited transport accessibility of permanent residence
- – If the debtor is a person who uses a vehicle in connection with his disability or to his dependents is the person recognized by the legislation of the Russian Federation in the prescribed manner a disabled person of group I or II, a disabled child
- – If the debtor granted a deferment or installment of execution of requirements of the Executive document
Do I need to retake the theory if the driver was deprived of rights by the bailiff for debt?
No. If you have paid the entire debt, the bailiff is obliged to remove from your licence restrictions and return them.
Also, he should notify the traffic police about the removal of eligibility restrictions. In this case, the bailiff sends to the traffic police a copy of the decision on the removal of restrictive measures. In this case, you just get your license back and everything.
The thing is that for debt is, in fact, you are not deprived of rights, but only imposed a temporary restriction of up to the moment until you pay the debt (or at least partially repay the debt).
And if that is not the deprivation of rights, but only limit their actions, and retake the theory in the traffic police, of course, is not necessary.