Why for repeated traffic violations within a year can attract not only one article
As for repeated traffic violations you can descend to a large fine and even lose the rights
All drivers must already know that in the Administrative code there are articles which provide for more severe punishment for repeated traffic violations within a year from the date of first offenses compared to the violation committed for the first time. After a year since the first violations of the driver in accordance with applicable law can not prosecute for repeated traffic violations.
Unfortunately, many motorists do not fully understand from what point the period begins, during which the driver can apply more stringent sanction for a repeated violation of traffic rules, and for what offences in the field of traffic of the driver can be prosecuted again.
What is a repeated administrative violation?
According to article 4.3 of the administrative code of the Russian Federation, repeated violation of the law – is committing a “uniform” administrative violations in the period when a person is subject to administrative responsibility in accordance with article 4.6 of the administrative code.
Here is an article 4.6 of the administrative code:
Administrative code Article 4.6. The period during which a person is subjected to administrative punishment
(as amended by Federal law dated 23.07.2013 N 196-FZ)
The person who has assigned administrative punishment for committing an administrative offense, is subject to this punishment from the day of entry into force of the decision about appointment of administrative punishment before the expiry of one year from the date of execution of this resolution.
That is the basis of these norms of the administrative code of the Russian Federation, repeated violation of traffic rules uniform is regarded as a serious traffic violations within a year from the date of entry into force of the decision about appointment of administrative punishment for the first violation of traffic rules.
Uniformity of administrative offences
But what is the uniformity of offenses in the Administrative code? Some traffic violations fall under the uniformity?
Refer to the Resolution of the Plenum of the Supreme court of the Russian Federation from March 24, 2005 N 5, which are explained in detail in which cases an administrative offence is homogeneous.
So, uniform administrative violation is a misdemeanor, which has a single generic object of encroachment. And this is regardless of whether the administrative responsibility for violations in one or more articles of the administrative code.
For example, making a face, considered subjected to administrative punishment for violating Rules of the road for part 2 of article 12.9 of the administrative code, administrative violations in the field of road traffic envisaged by part 4 of article 12.15 of the administrative code.
From the foregoing it is possible to make an unambiguous conclusion that for repeated traffic violations, you can attract not only upon violation within a year of the same traffic, but also for other violations of Chapter 12 of the Administrative code of the Russian Federation.
The time within which the driver can be held accountable for repeated traffic violations
Now let’s consider another point which confuses many drivers. We are talking about when begins to operate the year-old period in accordance with article 4.6 of the administrative code. And despite the fact that this article is very clearly marked the beginning of a period during which a person can be held accountable for repeat violations, many drivers have questions.
So, according to this article, the commencement of administrative punishment shall be the moment of the entry into force of the decision about appointment of administrative punishment. Recall that if you received the decision at the hands of police, it shall enter into force 10 days (9 nights) that you are given to appeal. If the resolution about appointment of administrative punishment you received by mail, it shall enter into force after 10 days from receipt of the registered letter.
Many drivers do not know this, believing that the regulation will enter into force, however, will begin to flow the period of bringing to administrative responsibility in accordance with article 4.6 of the administrative code with the time of payment of the fine. As a result, many drivers try to pay the fine as quickly as possible. But as you can see, in accordance with current legislation the reference year, during which you can draw for the second violation, will start from the date of entry of the decision on administrative punishment routine in force.
We would like to draw attention to those drivers who like to delay the payment of fines for traffic violations. Did you know that until you pay the fine, flow period of administrative reporting will not start, despite the formal entry into force of the decision on administrative punishment?
For example, if you were prosecuted for running a red traffic signal lights in accordance with part 1, article 12.12.3, the administrative code and fined 1,000 rubles, but you pay the penalty only after 6 months, then under current law the time limit under article 4.6 Cao of RF, go with the moment when you paid the fine. So from the moment of payment count year after which you do not draw for homogeneous traffic violations (article 4.3 thereof).
Many drivers, by the way, deliberately do not pay the fine for traffic violations, for which during the year can re-engage in a more serious responsibility. The fact that many believe that once the period of bringing to administrative responsibility begins to flow not only from the time of entry into force, but also from the date of payment of the fine, in default of payment of fine, the period of time begins, thus supposedly protects the driver from bringing to administrative responsibility again.
But this view is mistaken. If you being brought to administrative responsibility, do not pay the fine, prior to payment of a fine for a uniform traffic violation you will be brought to administrative responsibility again with all the ensuing consequences.
The period of bringing to administrative responsibility applies to those who were deprived of rights. Many drivers believe that period in accordance with article 4.6 shall be in effect from the date of delivery of the rights in traffic police. But it’s not. The term for bringing to administrative liability begins to run from the date of return of driver’s license.
For any repeated violation of the rules provides for a large fine or deprivation of rights?
1.1 article 12.1 of the administrative code
Re driving a vehicle that is not registered in the prescribed manner:
The penalty of 5000 roubles or deprivation of rights for a period of 1 to 3 months
Part 7 of article 12.9 of the administrative code
Repeated violation of part 4 and part 5 of article 12.9 of the administrative code of Russian Federation (excess of the established speed of 60-80 km/h and 80 km/h respectively)
Deprivation of rights for a period of 1 year (or 5000 rubles fine, if the violation is recorded by a complex of photo and video recordings)
Part 3 of article 12.10 of the administrative code
Crossing the railway track outside a railway crossing, departure on a railway crossing at the closed or closed barrier or at a forbidding signal of a traffic light or the person on duty on moving, and equally stop or Parking on a railway crossing
Deprivation of rights for 1 year
Part 3 section 12.12.3 of the code of administrative offences of the Russian Federation
Re-journey on forbidding signal of a traffic light or forbidding gesture of the traffic controller
The penalty of 5000 roubles or deprivation of rights for a period of 4 to 6 months
Part 3.1 of article 12.16 of the administrative code
Repetitive movement in the opposite direction on one-way road
The penalty of 5000 roubles or deprivation of rights for 1 year
Part 5 of article 12.5 of the administrative code
Re departure in violation of traffic Regulations on a strip intended for oncoming traffic, or on tram ways of a counter direction
If the violation is recorded by a complex of photo and video recordings, the fine will be 5000 rubles. In other cases – deprivation of rights for a period of 1 year