Fines do not need special signs

The Ministry of Internal Affairs did not support the idea of ​​State Duma Deputy Speaker Vyacheslav Davankov (“New People”) to cancel fines issued since May 2023 in control zones of mobile cameras that are not indicated by road signs. The rule prohibiting fining a violator if the driver was not warned about the complex in advance is already enshrined in legislation, but will only come into force in 2024. Mr. Davankov suggested declaring an “amnesty” for drivers now. The Ministry of Internal Affairs explains the disagreement by the fact that otherwise they will have to forgive all drivers whose violations were recorded by cameras during the mentioned period, since it is impossible to prove the presence (or absence) of the sign at the time of each decision.

Mr. Davankov sent his appeal to Prime Minister Mikhail Mishustin back in August. The document dealt with the law signed by President Vladimir Putin on May 29, with adjustments to the current rules for the use of photo-video recording systems for violations (“Kommersant” talked about it). Among other things, the document contained a closed list of reasons for installing cameras, as well as a ban on the use of devices not indicated by road signs. The law comes into force on September 1, 2024, by which time the government must approve new rules for the use of cameras. Vyacheslav Davankov proposed, without waiting for this date, to declare an amnesty on fines for drivers if the violation was recorded by unmarked mobile tripod cameras. The metropolitan authorities already had such experience, the deputy says, when, as part of the so-called Covid amnesty, fines issued in 2020–2022 for violating the special regime during the COVID-19 epidemic were canceled.

First Deputy Head of the Ministry of Internal Affairs Alexander Gorovoy did not support Mr. Davankov’s idea (“Kommersant” got acquainted with his response). The initiative proposed by the deputy, he believes, contradicts the principle of “maintaining citizens’ trust in the law and state actions, which presupposes legal certainty, maintaining reasonable stability of legal regulation and predictability of rule-making policy.” The introduction of an amnesty for fines from mobile cameras, adds Alexander Gorovoy, will lead to the need to release citizens from liability for all offenses committed after May 29, recorded by the complexes, since it is impossible to prove the presence (or absence) of the corresponding sign at the time of each decision. Mr. Gorovoy also recalled that declaring an amnesty falls within the competence of the State Duma, rather than the government, which must adopt a corresponding resolution.

The OKO association (which unites camera manufacturers and operators of photo-video recording systems) considers the position of the Ministry of Internal Affairs to be justified. “Mr. Davankov’s initiative could hardly change anything for drivers, because almost all complexes located outside populated areas are now marked with a “photo and video recording” sign, which is installed 150–300 m before the start of the control zone,” the organization explained . The OKO also did not rule out the possibility of “display of malicious intent on the part of violating drivers” who, in order to avoid fines (with the support of the New People initiative), could, for example, deliberately turn around and damage a road sign, and only then record the passage using a video recorder. “Situations are also possible when, for example, due to a strong squally wind or as a result of an accident, the sign was temporarily damaged, and after a few hours the road services restored it,” noted the OKO.

Let us remind you that in conjunction with the law “on cameras” adopted by the State Duma (to which Vyacheslav Davankov referred), technical amendments to the Code of Administrative Offenses should be adopted, excluding the imposition of fines (or the cancellation of those already issued) for cameras installed or designated not in accordance with the rules. This bill (authored by senators Andrei Turchak, Andrei Klishas and Irina Rukavishnikova) was adopted in the first reading at the end of 2021. At the moment, approvals are underway between various departments for the text for the second reading, says a Kommersant source in the State Duma, but it is still difficult to predict when this process will end.

Ivan Buranov