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How do you cancel a fine for stopping at the wrong place as a result of an accident?

  • April 30, 2022
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Last week, a journalist from the AvtoVzglyad portal saw a typical (though no less absurd) image of a car crashing on the closed-track lane – to avoid a

How do you cancel a fine for stopping at the wrong place as a result of an accident?
Last week, a journalist from the AvtoVzglyad portal saw a typical (though no less absurd) image of a car crashing on the closed-track lane – to avoid a fine, of course. We decided to get to the bottom of the problem and heard from a car lawyer how real the penalties “for stopping in an accident” are.

Many car owners have faced an unpleasant situation associated with the occurrence of a breakdown or damage to the car, which hinders further driving and necessitates emergency braking on the road. But what does the law say about this?

“Conditions permitting, the driver may drive to the place of repair or parking subject to all precautions,” lawyer Mikhail Nikitin explained to the AvtoVzglyad portal, noting that the exceptions include the cases listed in the appendix to the “Basic provisions for the admission of vehicles”. After all, according to Article 2.3.1. SDA, the motorist is obliged to check the good technical condition of his vehicle before departure and en route.

In case of force majeure, so to speak, breakdowns and other circumstances (for example, a car falling into a pit or a flat tire, damage to the disk, causing a forced stop in places where stopping is prohibited), the driver must activate the emergency lighting alarm or, in the event of a malfunction, place a warning triangle on the road.

At the same time, Article 12.6 of the SDA provides that in the event of a forced stop where stopping is prohibited, the driver must take all possible measures to remove the vehicle from these places.

– In the reality of the capital, not all drivers have an emergency stop sign in the trunk, which is definitely irresponsible, so they are limited to calling in the emergency gang and fall into the field of view of the photo and video recording camera, or into the lens of an overactive citizen using the Moscow Assistant app,” continues Mikhail Nikitin.

Therefore, photography is often carried out in such a way that even if a person hangs a sign in accordance with the requirements of the traffic rules – not less than 15 meters from the car in the village, the sign simply does not fall into the camera lens and the driver for no reason, does not receive a letter of happiness in any way. What can and should be done in such a situation?

First, as absurd as it may sound, the lawyer advises to hang up the number plates with a rag (the most important thing is not to forget to remove them later, because the administrative responsibility is also provided for driving with hidden number plates). Next, you need to take a photo of the car and capture the warning triangle in the frame. It is highly desirable that the date and time be recorded on the photo – this option is available on some smartphones. If you were fined, having this photo will save you a lot. But then you will have to deal with the Administrative Road Inspection (AMPP).

It should be borne in mind that only the owner of the vehicle can file a complaint. This must be done within 10 days from the date of receipt of a complete copy of the decision, either through the Avtokod information and legal portal or mos.ru (if you have an account), or by sending it by certified mail to MADI to steer. You can also hand over the document in person at one of the Moscow transport service centers.

If, on the basis of available evidence, contrary to common sense, you receive a refusal to comply with your complaint, you have the right to submit a new one, also within 10 days from the date of receipt of a copy of the “refusal”, but already to the court at the place of photo fixation. Or send it there via MADI or Moscow Transport.

This is some kind of nonsense, you say. And you will be right. But as one of our country’s leaders once said, these are the realities. If the inspectors studied the photographic material thoroughly and did not care about the number of criminal orders issued, everything would be different. But we live with what we have, and no one is in a hurry to correct the imperfections of this vicious system.

That is why you have been wrongly fined – do not pay tacitly. Fight! There is a chance to prove one’s case, even in court. However, this does not alter the fact that officials have to think about the fact that some deficiencies in the system still have to be corrected. How many years will it be before this madness ends?

Photo avtovzglyad.ru
photo avtovzglyad.ru

Many car owners have faced an unpleasant situation associated with the occurrence of a breakdown or damage to the car, which hinders further driving and necessitates emergency braking on the road. But what does the law say about this?

“Conditions permitting, the driver may drive to the place of repair or parking subject to all precautions,” lawyer Mikhail Nikitin explained to the AvtoVzglyad portal, noting that the exceptions include the cases listed in the appendix to the “Basic provisions for the admission of vehicles”. After all, according to Article 2.3.1. SDA, the motorist is obliged to check the good technical condition of his vehicle before departure and en route.

In case of force majeure, so to speak, breakdowns and other circumstances (for example, a car falling into a pit or a flat tire, damage to the disk, causing a forced stop in places where stopping is prohibited), the driver must activate the emergency lighting alarm or, in the event of a malfunction, place a warning triangle on the road.

At the same time, Article 12.6 of the SDA provides that in the event of a forced stop where stopping is prohibited, the driver must take all possible measures to remove the vehicle from these places.

– In the reality of the capital, not all drivers have an emergency stop sign in the trunk, which is definitely irresponsible, so they are limited to calling in the emergency gang and fall into the field of view of the photo and video recording camera, or into the lens of an overactive citizen using the Moscow Assistant app,” continues Mikhail Nikitin.

Therefore, photography is often carried out in such a way that even if a person hangs a sign in accordance with the requirements of the traffic rules – not less than 15 meters from the car in the village, the sign simply does not fall into the camera lens and the driver for no reason, does not receive a letter of happiness in any way. What can and should be done in such a situation?

First, as absurd as it may sound, the lawyer advises to hang up the number plates with a rag (the most important thing is not to forget to remove them later, because the administrative responsibility is also provided for driving with hidden number plates). Next, you need to take a photo of the car and capture the warning triangle in the frame. It is highly desirable that the date and time be recorded on the photo – this option is available on some smartphones. If you were fined, having this photo will save you a lot. But then you will have to deal with the Administrative Road Inspection (AMPP).

It should be borne in mind that only the owner of the vehicle can file a complaint. This must be done within 10 days from the date of receipt of a complete copy of the decision, either through the Avtokod information and legal portal or mos.ru (if you have an account), or by sending it by certified mail to MADI to steer. You can also hand over the document in person at one of the Moscow transport service centers.

If, on the basis of available evidence, contrary to common sense, you receive a refusal to comply with your complaint, you have the right to submit a new one, also within 10 days from the date of receipt of a copy of the “refusal”, but already to the court at the place of photo fixation. Or send it there via MADI or Moscow Transport.

This is some kind of nonsense, you say. And you will be right. But as one of our country’s leaders once said, these are the realities. If the inspectors studied the photographic material thoroughly and did not care about the number of criminal orders issued, everything would be different. But we live with what we have, and no one is in a hurry to correct the imperfections of this vicious system.

That is why you have been wrongly fined – do not pay tacitly. fight! There is a chance to prove one’s case, even in court. However, this does not alter the fact that officials have to think about the fact that some deficiencies in the system still have to be corrected. How many years will it be before this madness ends?

Source: Avto Vzglyad

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