Punishment or disadvantage?
Today, in accordance with art. 12.9 of the Code of Administrative Violations of the Russian Federation for exceeding the established speed by 20-40 km / h will be fined 500 rubles. For 40-60 km / h above the limit, you will have to pay 1000-1500 rubles (in case of repeated violation – 2000-2500 rubles).
Exceeding 60-80 km / h is punishable by a fine of 2000-2500 rubles or deprivation of rights for 4-6 months (in case of repeated violation of rights, they take away a year).
For exceeding 80 km / h, a maximum fine of 5,000 rubles or a denial of a license for six months awaits. In the event of a relapse, you must waive the rights for one year. A repeated violation is deemed to have been committed within one year from the date of payment of the fine for the previous violation.
Third time – criminal penalty
From January 10, 2022, criminal penalties are also provided for persistent speed limit offenders.
The suspect in a criminal case runs the risk of becoming a driver who got behind the wheel and lost all his license for exceeding the speed limit by 60 km/h or more (or for entering the oncoming lane) and again breaking the speed limit (or drove in the oncoming lane).
For the third time exceeding the speed limit by 60-80 km/h and for the third time exceeding the speed limit by 80 km/h or more, the driver will be subject to one of the following criminal penalties:
- a fine of 200-300 thousand rubles
- a fine equal to the income for a period of 1 to 2 years
- compulsory work up to 480 hours
- forced labor up to 2 years
- imprisonment up to 2 years.
In addition to one of these fines, the driver will be deprived of his driver’s license for a maximum of 3 years and from 25-07-2022 the car can also be seized.
For the fourth time (and subsequent) exceeding of the speed limit by 60-80 km/h, as well as for the fourth (and subsequent) exceeding of the speed limit by 80 km/h or more, the offender will face one of the following to punish:
- a fine of 300-500 thousand rubles
- a fine equal to the income for a period of 2 to 3 years
- correctional labor up to 2 years
- restriction of freedom up to 3 years
- forced labor up to 3 years
- imprisonment up to 3 years.
In addition to one of the fines, the driver will be deprived of his driver’s license for a maximum of 6 years and can confiscate the car (from 25-07-2222)
Detailed information is contained in a document posted on the Legal Information website.
If speeding violations are recorded using photo and video recording tools, the car owner can only be punished with a fine. In addition, they are fined along the lower edge of the fork. But in the case of repeated deductibles with 40-80 km/h, the fines are increased and the 50% discount is not provided.
Who decides whether a car is impounded?
It is up to the judge to decide whether the violator is subject to criminal or criminal penalties with confiscation. There is one “but”: only the owner can impound a car. If the car was being driven by a driver by proxy at the time of the violation, the car will not be taken from the owner.
Sanctions for violation “of cameras”
If the violation is captured by the camera, the driver is not deprived of his rights. Nor can he be prosecuted. The offender will be fined up to 5,000 rubles if the article of the Code of Administrative Offenses of the Russian Federation provides for deprivation of rights as a sanction (part 7 of Article 12.9 of the Code of Administrative Offenses of the Russian Federation). If the item is not “robbed”, the fine can be minimal.
Hard measures don’t help?
Despite heavy sanctions, there are still plenty of reckless drivers on the road. According to officials, about 40% of all traffic accidents in the capital are due to speeding. The situation is more or less similar in other major cities. One of the measures to reduce the number of offenses is to lower the non-penalized (non-punishable) speed limit from 20 to 10 km/h.
What is an “unpunished speed bump”?
Now any sanctions are only imposed on drivers for exceeding 20 km/h. For example, if the driver accelerates to 79 km/h at a speed limit of 60 km/h on the road, he will not be fined (Part 2, Article 12.9 of the Code of Administrative Offenses of the Russian Federation).
Important. At the same time, exceeding the speed limit by even 1 km/h is considered a violation. This means that in the event of an accident, if the investigation shows that the cause of the accident was, among other things, a minimal excess, the driver will be held liable. To what extent does the judge determine.
New old fine (background)
The fine for exceeding the speed limit by 10 km / h existed before – in 2013. It was provided for in part 1 of art. 12.9 of the Code of Administrative Offenses of the Russian Federation. Subsequently, 100 rubles were charged for this violation. In September 2013, the sanction was removed from the Code of Administrative Violations. Excluded but not forgotten. The first time they tried to repay the fine back in 2014, a bill was being prepared, but it never came into effect.
In 2019, the traffic police again proposed a fine of 1,500 rubles for exceeding the speed limit by 10 km/h. But in December of the same year, former Prime Minister Dmitry Medvedev found this initiative controversial and suggested that innocent motorists could also suffer from the innovation.
In December 2021, the Moscow authorities handed over an initiative to the federal government and the Interior Ministry to lower the non-punishable speed limit from 20 to 10 km/h. According to officials, lowering the unpunished threshold to 10 km/h could reduce the number of accidents by 35%. It is believed that the reduction in the number of accidents should have a positive effect on traffic in the capital – congestion usually arises where the accident occurred. At the same time, it was proposed to leave the threshold outside the city at 20 km/h with impunity.
General Council secretary of “United Russia” Andrey Turchak considered the Moscow Deptrans initiative “harmful” and said that “United Russia” would not support it. According to Andrei Turchak, the innovation will not make roads safer, but it will make it possible to get more fines from motorists. We wrote more about this.
Will the threshold be lowered or not?
Since proposals to lower the non-punishable speed limit again are met with enviable steadfastness and are discussed almost yearly, it can be assumed that officials will most likely reconsider. It’s hard to predict how their debate will end.
Today you should know that the lowering of the non-penalized threshold to 10 km/h has not taken place.
Expert Commentary
Sergey Smirnov, lawyer:
Sergey Smirnov, lawyer
– Lowering the threshold has no effect. I would be talking about excluding such a permit altogether.
Firstly, at an unpunished threshold, drivers have a sense of a certain impunity.
Second, all those restrictions placed on the roads are actually being negated. Therefore, it is ideally necessary to completely remove the threshold and, in parallel, seriously review the specific speed limits on certain road sections.
There is a downside to lowering the non-punishable threshold only for drivers who are used to the fact that a little break through is possible. But they will eventually get used to the new restrictions.
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