Changes in Russian traffic laws target confiscation of vehicles for repeat violations

The State Duma has approved amendments to the Code of Administrative Offenses, the Code of Criminal Procedure and the Code of Criminal Procedure. The central change is that a court may order the confiscation of a vehicle belonging to a suspect accused of a crime.

A provision in the Criminal Code that governs property confiscation will be expanded to include the phrase: “a vehicle owned by the suspect and used by him in committing the crime …”

Civil liability will be replaced by criminal liability for drivers who are found operating a vehicle after license revocation when violations occur three times.

Confiscation may also be applied after repeated serious offenses such as driving under the influence, driving in the wrong lane where prohibited, or speeding at 60 km/h or more.

Why this firmness?

Statistics indicate that malicious traffic violations remain persistent despite existing measures. In 2020, the number of licensed drivers who continued to drive and were caught rose by 25 percent. In the first half of 2021, another 17 percent rise was recorded.

One would expect safer behavior from road users, yet the opposite trend is seen. More than a third of accidents involve individuals who should not be on the road, including those already stripped of driving rights and drunk drivers overall.

What is under consideration?

Maxim Kadakov, editor-in-chief of Za Rulem magazine, once proposed seizing all vehicles of drunk drivers, including third party cars such as those owned by businesses or government bodies. The legislation was softened, however, so that the vehicle can be seized only if it belongs to the suspect. In other cases, the measure cannot be applied.

If harm is caused using someone else’s car through family, friends, or business connections, the vehicle is not seized; other penalties apply. Sanctions have also been broadened and intensified.

For a third serious violation, fines now range from 150,000 to 250,000 rubles, with hard labor up to 360 hours or imprisonment up to one year. In the event of a repeat offense, penalties increase to 300,000 rubles and up to two years in prison.

The standard for repeated driving without a license has been raised as well, with fines from 50,000 to 100,000 rubles or mandatory work of 150 to 200 hours. Previously, first and second offenses carried the same fine of 30,000 rubles or administrative arrest up to 15 days, or 100–200 hours of compulsory work.

What are the conditions?

Repossession can occur when a person travels regularly for a year without a valid permit or repeatedly violates traffic regulations. As context, on July 1 the head of the Ministry of Internal Affairs of the Russian Federation prohibited the use of portable mobile speed cameras for measurement.

Article 264 of the Criminal Code carries a note: “The effect of the article does not apply to cases where administrative violations are determined by automatic devices operating in continuous mode.” In practice this means a camera may disappear from enforcement once the responsible traffic police officer or authorized person resolves the violation.

LEFT LUIS HOUSE

Awareness of upcoming changes enables individuals to plan ahead for the safety of their preferred vehicle. If rights are missing but driving remains necessary, arrangements might include using a spouse or family member’s car. In some families a single vehicle is shared, and approaches may be adjusted accordingly.

Should the country adopt this approach more broadly, the threat of confiscation could be mitigated. Other rules remain in place, including the transfer of vehicle control to a clearly unauthorized driver, with a fine of 30,000 rubles in such cases.

• Driving history data from July 1, 2022 is available in a dedicated traffic policing service.
• Public video discussions provide information about the practice.

Photo: ITAR-TASS / Evgeny Yepanchintsev