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How courts punish drivers who hide a changed residence from the traffic police

  • December 15, 2022
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Ignorance of the fine can entail serious additional costs for the car owner. This was once again proven by the decisions of the Second Court of Cassation of

How courts punish drivers who hide a changed residence from the traffic police
Ignorance of the fine can entail serious additional costs for the car owner. This was once again proven by the decisions of the Second Court of Cassation of General Jurisdiction, which became known to the AvtoVzglyad portal.

If the driver has not informed the traffic police about his new place of residence (for example, after moving), he may encounter a whole “bouquet” of completely legitimate problems. For example, under Article 19.22 of the Code of Administrative Offenses for “violation of state vehicle registration rules”. The fine for it is small, only 1000-2000 rubles, but still. But if a car owner who has not notified the traffic police of changes in documents, violates the traffic rules and is fined, he can face much bigger problems.

The Court of Cassation investigated several similar cases, which amounted to the following situation. The car owner receives an “automatic” fine from the camera. In one case it was about a violation of parking rules and in the other about leaving the bus “separated”. As it should be in such cases, “letters of good luck” were sent to the offenders. But – at the residential addresses of citizens who were at the disposal of the traffic police.

Naturally, the car owners did not receive them, as they moved to other places. And that’s why they didn’t know about the fines – or so they claimed in their lawsuits. But the fact is that under Article 20.25 of the Code of Administrative Violations “Evading the enforcement of an administrative fine”, an additional sanction is due for non-payment of an administrative fine: another fine of double the unpaid amount or arrest for up to 15 days.

In the cassation cases handled by the court of cassation, the defaulters were ‘torn off’ a double fine. They found this approach unfair, as they could not receive traffic violation orders by mail, and filed a lawsuit – seeking to appeal their “fines for non-payment of fines”. So their cases ended up with the Second Court of Cassation of General Judiciary, but unfortunately Themis sided with the state.

“The obligation to change the registration data with the traffic police is assigned to the owner of the vehicle, who, when changing the address of residence, must make changes to the vehicle registration data. By evading this action, the person exercised their rights as they saw fit. The burden of the legal consequences of this decision rests with the applicant,” the court ruled, approving the penalty in rubles for drivers who paid for failing to fulfill their obligations to inform the State Traffic Inspectorate.

Recall that now it is absolutely not necessary for a car owner to receive a notification of a fine by mail: in court, references to this circumstance will not work if he visited his personal account on the Gosuslug website. After all, there are also messages about resolutions issued to the driver. Now it is believed that once you have entered a single portal, it means that you have seen the notification. And no one cares if it’s true.

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If the driver has not informed the traffic police about his new place of residence (for example, after moving), he may encounter a whole “bouquet” of completely legitimate problems. For example, under Article 19.22 of the Code of Administrative Offenses for “violation of state vehicle registration rules”. The fine for it is small, only 1000-2000 rubles, but still. But if a car owner who has not notified the traffic police of changes in documents, violates the traffic rules and is fined, he can face much bigger problems.

The Court of Cassation investigated several similar cases, which amounted to the following situation. The car owner receives an “automatic” fine from the camera. In one case it was about a violation of parking rules and in the other about leaving the bus “separated”. As it should be in such cases, “letters of good luck” were sent to the offenders. But – at the residential addresses of citizens who were at the disposal of the traffic police.

Naturally, the car owners did not receive them, as they moved to other places. And that’s why they didn’t know about the fines – or so they claimed in their lawsuits. But the fact is that under Article 20.25 of the Code of Administrative Violations “Evading the enforcement of an administrative fine”, an additional sanction is due for non-payment of an administrative fine: another fine of double the unpaid amount or arrest for up to 15 days.

In the cassation cases handled by the court of cassation, the defaulters were ‘torn off’ a double fine. They found this approach unfair, as they could not receive traffic violation orders by mail, and filed a lawsuit – seeking to appeal their “fines for non-payment of fines”. So their cases ended up with the Second Court of Cassation of General Judiciary, but unfortunately Themis sided with the state.

“The obligation to change the registration data with the traffic police is assigned to the owner of the vehicle, who, when changing the address of residence, must make changes to the vehicle registration data. By evading this action, the person exercised their rights as they saw fit. The burden of the legal consequences of this decision rests with the applicant,” the court ruled, approving the penalty in rubles for drivers who paid for failing to fulfill their obligations to inform the State Traffic Inspectorate.

Recall that now it is absolutely not necessary for a car owner to receive a notification of a fine by mail: in court, references to this circumstance will not work if he visited his personal account on the Gosuslug website. After all, there are also messages about resolutions issued to the driver. Now it is believed that once you have entered a single portal, it means that you have seen the notification. And no one cares if it’s true.

Source: Avto Vzglyad

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