Dirty on our roads all the time. And in the Rules there is a strict clause that prescribes to monitor the cleanliness of the headlights. And not following it can cost you money.
Good for owners of cars that are equipped with headlight washers. They don’t have such a question: just pull the stalk lever towards you - and the headlights are clean. Well, or clean to such an extent that the traffic police inspector has no complaints against you. However, the majority cheap cars there is no such option, and headlights are often covered with a layer of dirt through which light cannot penetrate. So, traffic rules (specifically - paragraph 3.3) equate contaminated external lighting fixtures and retroreflectors to non-working in the established mode. According to Article 12.5 of the current Code on administrative offenses RF such a violation entails a warning or a fine of 500 rubles.
At the same time, according to Article 1.5 "Presumption of innocence" of the same Code:
“The guilt of the person brought to administrative responsibility must be proven in the manner prescribed by the Code of Administrative Offenses of the Russian Federation, the said person is not required to prove his innocence, and irremovable doubts about the guilt of this person must be interpreted in his favor.”
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And reasonably, with the involvement technical means, it is quite difficult to prove that the lighting devices are contaminated. And, as practice shows, few people like to write protocols. It is easier for traffic cops to find another violation (for example, a dirty number) or another “client”, and require the driver to fix the problem on the spot, that is, find a rag and wipe the headlights properly. In this case, it's not worth the hassle. After all, it is about your own safety. Especially if it happens in dark time days.
Keeping a car clean is not easy. In most of the territory of Russia, slush and dirt on the roads for at least six months a year. Can the traffic police inspector dislike the fact of a dirty car and it comes to a fine, let's find out.
What does the law say
In the Code of Administrative Offenses of the Russian Federation or in the SDA there is no fine for a dirty vehicle. But if the car is dirty in the area of license plates and headlights, then the punishment is provided.
Paragraph 1 of Article 12.2 of the Code of Administrative Offenses of the Russian Federation states that driving with unreadable state registration plates is punishable.
The number is recognized as unreadable if at least one character is not visible on it from a distance of 20 meters. For daylight hours, this applies to both the rear and front plates, and in the dark, only to the rear license plate.
In 2019, a fine of 500 rubles is due.
If the car owner strongly disagrees with this, the traffic police inspector may threaten with deprivation of rights, referring to clause 2 of article 12.2, which provides for a fine of 5,000 rubles or deprivation of rights for 3 months.
Such punishment threatens if the sign, in addition to everything else specified in this paragraph, is equipped with devices and materials that hide and interfere with its recognition.
We are talking about specially installed nets, sashes, etc. In principle, everything can be called “material”, including street garbage stuck to the car at the wrong time. To go to court and seek the truth, or maybe even agree to a fine of 500 rubles (unless, of course, everything is limited to just a conversation) is up to the car owner to decide.
Also, the headlights of the car can be hit.
After all, if they are completely covered with a layer of dirt, then the traffic police can equate them with off or not working headlights If the conversation and wiping the headlights did not end, then you need to insist on the “malfunction” of the headlights, because when driving with the lights off, the fine is 500 rubles (Article 12.20 of the Code of Administrative Offenses). But the failure of lighting equipment, of course, is included in the list of malfunctions with which operation vehicle prohibited, but only at night. Driving during the day, if such a malfunction occurred on the road, is allowed to the nearest car repair shop or parking place in compliance with necessary measures precautions (clause 2.3.1 of the SDA)
Road pollution fine
According to article 12.33 of the Code of Administrative Offenses, road pollution by a car is equated to intentional damage pavement. The fine is provided for citizens up to 10,000 rubles. And also in 25000 and 300000 officials and legal entities respectively, which gives reason to believe that such penalties are provided primarily for heavy trucks and large construction equipment. But if indeed after off-road with ordinary car pieces of dirt fall off, then it is theoretically possible to fall under a fine.
Fines for a dirty vehicle in bad weather
As mentioned earlier, there is no fine for a dirty car. As for license plates or headlights, bad weather is at hand, as this is a reason to challenge the fine.
How to dispute a fine
To challenge the fine, you must attach the actual weather conditions on the day the fine was issued to the protocol. True, you need an official request to the service for providing weather forecasts, a printout, for example, of the Yandex.Weather website will not work.
In Russian cities, vehicles (hereinafter referred to as vehicles) are often found covered with a layer of dried mud.
The reasons for this state of the car are different: poor road conditions, expensive car wash, lack of free time, etc. Motorists can give enough arguments.
But, nevertheless, many are concerned about the question: can a dirty car take part in traffic according to Russian traffic rules, or this is a problem, and for its operation the driver will be fined by a police patrol. Let's look into this in more detail.
Penalty for lack of inspection - if the car is under three years old, there is no reason to worry?
What does the law and traffic rules say?
Neither in the Code of Administrative Offenses of the Russian Federation, nor in the Rules traffic there are no rules expressly prohibiting the use of a dirty car. But it is important to understand that when operating a dirty vehicle, other rules may be violated that indirectly relate to the condition of the car.
So, for example, a traffic police inspector can draw up a report on a motorist for untidy numbers if it is impossible to read the information necessary for state control from them (penalty for unreadable state signs - Article 12.2 of the Code of Administrative Offenses of the Russian Federation). Or for pollution of the road surface (Article 12.33 of the Code of Administrative Offenses of the Russian Federation). Or for using a car with malfunctions (dirty headlights - clause 3.3 of the Appendix to the SDA, article 12.5 of the Code of Administrative Offenses of the Russian Federation).
This means that you can drive a dirty car, but at the same time its registration numbers, all lights and wheels must be clean.
fines
The punishment for violation of Articles 12.2, 12.33, 12.5 of the Code of Administrative Offenses of the Russian Federation can be either quite mild - a warning, or very strict - deprivation driving license. Responsibility in each case depends on several fundamental points:
- the severity of the offense committed;
- the correctness and reliability of materials from administrative violations collected by the traffic police inspector;
- the driver has facts proving his innocence in the incriminated act.
When and how you can ride on the tram tracks - what the traffic rules say
If you think that you are unlawfully attracted under one or another article of the Code of Administrative Offenses of the Russian Federation, be prepared to defend your innocence in court.
Fine for polluted vehicle
There is no article in the administrative code of the Russian Federation, in the disposition of which it would appear that the driver should not drive a dirty car. Therefore, if a police patrol stopped you and tries to oblige you to pay a fine on the grounds that the car has a unkempt appearance, then do not argue with the inspectors, but ask them to read the article under which you are accused.
In this case, the inspector will try to refer to the rules on illegible numbers and dirty lighting fixtures. If this equipment on your vehicle meets the regulations, then ask the policeman to inspect the car and record its condition. At the same time, pay the attention of the inspector that all state signs of the car are readable, and the headlights are clean.
In the event that a traffic police officer insists on filing a violation, record everything on your phone camera important facts, wait for the decision to bring you to administrative responsibility and appeal against it in court.
The consequences of driving in the opposite lane in 2019
For road pollution
Unlike the previous case, a fine for road pollution does exist, and it is provided for by Article 12.33 of the Code of Administrative Offenses of the Russian Federation. In accordance with this norm, a person guilty of intentional pollution of roads may be held liable for the following types of liability:
- citizens - a fine from 5 to 10 thousand rubles;
- officials - 25 thousand rubles;
- legal entity - 300 thousand rubles.
It is obvious that the punishment is quite serious, and in the event that the traffic police inspector proves the guilt of the motorist in the specified offense, then it will be almost impossible to avoid a fine.
The only nuance individual, controlling passenger transport, it is almost impossible to punish under Article 12.33 of the Code of Administrative Offenses of the Russian Federation. The reason is that the traffic police officer must prove the pollution of the road. That is, the police patrol is obliged to record that this vehicle left behind garbage on the pavement. And this happens very rarely.
And a completely different matter is the pollution of roads by wheels. freight transport. Especially often one can observe the terrible state of roads due to dirty truck wheels at the exits from urban construction sites.
Clogging of the roadway by trucks is significant and the facts of such illegal actions are easy to fix.
According to the regulations, at each construction site there should be wheel washing points where vehicles are treated before leaving for the asphalt surface. If these requirements are not met, then the director is also held liable. motor transport enterprise and the firm itself. General penalty- 325 thousand rubles.
What threatens the driver if you do not pay traffic police fines
For dirty headlights and lanterns
In accordance with clause 3 of the Annex to the SDA, the list of malfunctions in which the vehicle is prohibited from being used in road traffic also includes contaminated lighting equipment(headlights, lanterns, etc.). At the same time, it is not specified what exactly the car is stained with: road dirt or something else (paint, special stickers, etc.).
Therefore, if the headlights and / or lights of your vehicle do not meet the standards established for them, then you are prohibited from driving this vehicle onto the road.
Punishment for operating a machine with such malfunctions:
- warning;
- fine - 500 rubles.
At the same time, it should be remembered that bringing to administrative responsibility under Art. 12.5 of the Code of Administrative Offenses of the Russian Federation, a driver is allowed only if he drives a damaged car. If the vehicle is standing with dirty headlights in the yard, then any fine is illegal.
What are the penalties for driving without a license after deprivation
Dirty license plate
Get fined for dirty registration number is possible only if a layer of dirt makes the state sign unreadable. Responsibility for this offense is established by Article 12.2 of the Code of Administrative Offenses of the Russian Federation.
In the event that the driver has not previously been involved in traffic violation, and it is obvious that in his actions there is no intent to hide numbers from video recording systems, then the traffic inspector can get by with a warning.
If there have already been fines for similar offenses, then the traffic police will collect a sanction in the amount of 500 rubles.
Is it possible to challenge
Any decision of a representative of the authorities can be appealed if the person considers it illegal. You have been issued a decision to hold liable for a dirty car or some of its elements (number plates, headlights, wheels, etc.), appeal it if you think that the policeman distorted the facts or incriminated the article that does not correspond to the circumstances of the case.
Additional grounds for appeal:
- did not hand over a copy of the protocol;
- there is no fixation of the offense or other admissible evidence;
- the driver was denied the opportunity to explain;
- erroneous information has been entered into the document;
- extenuating circumstances were not taken into account.
A person may appeal against the decision both in the case when a fine was applied to him for a violation that he did not commit, and if too severe a punishment was imposed, if there is evidence of a minor offense.
With the onset of the autumn-winter period, there are more and more on the road every day. Unfortunately, not everyone can afford to wash their car every day. Many with the onset of the period dirty roads generally forget the way to the sink. But, as they say, the master is the master. However, many people forget that you can get a fine for a dirty car. True, the traffic cop may not issue a fine in all cases.
We want to immediately reassure motorists that there is no fine for a dirty car in the current legislation. Accordingly, no one can bring you to administrative responsibility for a rare visit to a car wash. Meanwhile, it does not happen that a dirty car has clean and clean headlights. Usually, if your car is begging for a car wash, then the plates and headlights need cleaning as well. But just for dirty license plates and dirty headlights, the driver faces administrative responsibility. So with the onset of autumn and winter, traffic police officers suddenly begin to show interest in dirty cars. And, as you can see, it's not just that.
So, to begin with, let us recall that for dirty numbers the traffic police officer has the right to hold the driver accountable if the license plate has become unreadable. As a result, in accordance with Part 1 of Article 12.2 of the Code of Administrative Offenses of the Russian Federation, the driver faces a fine of 500 rubles. Also in this case, you will have to clean the rooms from dirt. This measure of responsibility was introduced in the first place, so that motorists do not specifically hide their license plates under the dirt in order to get away from the control of traffic police cameras.
Will they be fined for dirty numbers if, after stopping the car, the inspector immediately requires that unreadable numbers be cleaned of dirt?
In most cases, if a traffic police officer stops you for dirty numbers, you are unlikely to get out of the fine, as you will be held liable for the fact of driving a car with unreadable license plates. No, of course, on the road you can also meet an understanding traffic police officer who will enter into your position (especially if the road is due to weather conditions very dirty) and will not hold you accountable. But in most cases, you will still be attracted. Especially if traffic police officers need to make a plan according to the protocols.
Now with regards to the headlights. Do not forget that for dirty ones you can also be held liable in accordance with Part 1 of Article 12.5 of the Code of Administrative Offenses of the Russian Federation, for which, as in the case of unreadable numbers, you will be fined 500 rubles.
But how is it, because in part 1 of article 12.5 of the Code of Administrative Offenses of the Russian Federation there is not a word about dirty headlights? Yes, indeed, there is nothing about headlights in article 12.5. But there are lines:
Driving a vehicle in the presence of malfunctions or conditions under which, in accordance with the Basic Provisions for the Admission of Vehicles for Operation and Responsibilities officials to ensure road safety, the operation of the vehicle is prohibited.
