Those over 60 retain their rights – Kommersant
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In Russia, the practice of deprivation of a driver’s license for violation of the speed limit has sharply decreased. This was found out by “Kommersant”, having familiarized himself with the judicial practice of applying Art. 12.9 of the Code of Administrative Offenses following the results of the last year. Obviously, the ban on the use of hand-held radars by inspectors to measure speed, introduced last year by decision of Interior Minister Vladimir Kolokoltsev, led to this result. Even citizens exceeding the limit by more than 60 km / h can now be punished with a maximum fine of 2.5 thousand rubles. (including discount for prompt payment). The Ministry of Internal Affairs did not give a direct answer to the question of whether these events are related. They only emphasized that “taking into account the actively developing infrastructure for photo and video recording of violations, there is a positive trend associated with the formation of law-abiding behavior of citizens.”
Analyzing the statistics of the Supreme Court for 2022 (published in mid-April), Kommersant found that the number of citizens punished by courts for speeding under Art. 12.9 of the Code of Administrative Offenses, in the part where we are talking about sanctions for exceeding the limit by more than 60 km / h (clauses 4.5 and 7), has been significantly reduced. A little more than 1 thousand people got off with fines, 245 were deprived of their rights. This is half as much as in 2021 (2.2 thousand fines and a little more than 500 deprivations, respectively).
The main part of violations of the speed limit, we recall, is recorded with the help of cameras: fines (up to 5 thousand rubles) are sent by mail to car owners. If the speed is exceeded by 60 km / h (or more), the inspector has the right to send materials to the court, which, in turn, will fine the driver or deprive him of his rights as a result of the proceedings. At the same time, the traffic police must provide data on fixing the camera, but, according to the law, not automatic.
Previously, traffic police officers used hand-held camera-detectors (“hair dryers” in driver’s slang) on the roads – speed meters like Binar or Vizir. On July 1, 2022, Interior Minister Vladimir Kolokoltsev banned the use of such devices, and the police did not explain this decision. Experts interviewed by Kommersant believe that it was this ministerial order that led to a sharp reduction in the practice of deprivation of rights for speed. This indirectly follows from the statistics: the main share of court decisions under Art. 12.9 in 2022 was issued in the first half of the year. In 2023, Kommersant did not find such solutions at all.
Given the refusal of the traffic police from the practice of using “hair dryers”, such a punishment as deprivation of rights for speeding over 60 km / h actually ceases to work, camera expert Grigory Shukhman states. He recalls that fines for excesses (including significant ones) can be paid at a discount – the maximum amount of the sanction will be 2.5 thousand rubles. The penalty for repeated speeding is paid in full – 5 thousand rubles, but there are few such decisions.
Kommersant asked the Interior Ministry to confirm whether the statistics are related to the minister’s decision. The department did not give a direct answer. The police said that in 2022 the traffic police opened more than 660 thousand cases (7% more than in 2021) for exceeding the speed limit by more than 60 km/h. How many of them were sent to the courts is unknown. “Only in every 14th case, speeding is recorded by more than 80 km / h, and their total number has decreased by 12%,” the Ministry of Internal Affairs said. “Taking into account the actively developing infrastructure for photo and video recording of violations, there is a positive trend associated with the formation of law-abiding behavior citizens.” According to the traffic police, at the end of 2022 there were 27 thousand complexes in Russia (3.9 thousand more than in 2021), this year the number of cameras will continue to grow.
In Moscow, we recall, even before the ban of Vladimir Kolokoltsev (starting in 2017), the traffic police used the Pit Stop system to combat speed violators. The inspector connected to a stationary automatic camera using a tablet and, in fact, used the automatic complex in “manual mode”: the violator was stopped immediately after fixation and a protocol was drawn up, sending the material to the court. However, since July 2022, court decisions under Art. 12.9 “Kommersant” did not find in Moscow – mainly complaints about earlier decisions are considered. At the moment, according to Kommersant’s information, Pit Stop is not used in Moscow, the reasons are unknown.
It is possible to return the practice of punishment by deprivation of the rights of malicious violators of the speed limit, but only after amendments to the Code of Administrative Offenses are made, Grigory Shukhman believes. It is necessary to clearly write down, the expert explains, that in the event of a driver stopping immediately after fixing the violation with an automatic camera and establishing his identity, the standard procedure for bringing to responsibility can be applied – with a protocol being drawn up and, if necessary, sending the material to the court. That is, in fact, we are talking about the legalization of the Pit Stop technology at the federal level.
The OKO association (which unites operators of photo and video recording systems) believes that there are enough cameras to deal with racers. “An automated photo and video recording system has a number of advantages over the “manual” method of control,” the organization says. “This is round-the-clock work in any weather, and the ability to control several lanes with a single camera, as well as the elimination of possible abuses that occurred with the “manual” frozen.” The OKO also noted that speeding by 60-80 km/h is not a mass violation: in the Moscow region, for example, in 2021 the share of violations was only 0.3% of the total, in 2023 – 0.24%. According to the traffic police, in 2022, almost a fifth (19%) of all accidents are related to violation of the speed limit.
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