Parts 6 and 7 of Article 12.9. Different fumes of the traffic police

To verify fines from cameras of photo and video confixation of disorders.

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This part provides for a single measure of punishment for repeated excess speed by the amount of more than 60 km / h. Thus, the distinction acting during the first cases of violations is removed. If the extra 60-80 km / hour is punishable less severe than 80 and more than 80 and more km / h, then repeated facts will be blocked equally:deprivation of the right to manage vehicles for a year or a fine of 5,000 rubles.

Financial punishment applies in cases where disorders are fixed by video surveillance cameras. Video and photographic equipment is unable to recognize the person being driving. It may not be the owner of the car, so deprive of rights on the basis of a vague photo simply illegally. First of all, it concerns numerous cases of utility transport. Often, several people are changed in the same car. Or his father trusts his car to children who enjoy it at a convenient time without any schedule.

Thus, the cameras can play with you both good and the dick joke. Will avoid deprivation of rights or presented a surprise in the form fine 5 000 rublesIf someone makes an offense on your car.

If the traffic police officers personally stopped you after speeding, the protocol is already on the person who are driving. To confirm the fact of committing an offense, they will provide you with the data of the measuring instrument.

Large speed exceeds are almost always associated with intentional wine. It is impossible to accelerate to 100 and more km / h, not aware of this. And even if it seems to you that at the time of pressing the gas pedal, there is no danger on the road, in a matter of seconds everything can change. It is no coincidence that the traffic rules negotiate that, despite the presence of high-speed limitations (common, local or private), the safety of motion cannot guarantee nothing. Therefore, the driver must independently make a decision on the maximum permissible speed and not exceed it, even if it is slightly lower than the allowed norms. Agree, it is better not to drive in a foggy morning along the highway, even if you drive not the first day.

To make a right decision on the maximum limit of speed, a whole complex of factors should be taken into account: traffic intensity, technical condition of the car, the nature of transported goods, weather conditions, time of day, visibility, etc.

1. The part has lost its strength from September 1, 2013 - Federal Law of July 23, 2013 N 196-FZ.

2. Exceeding set speed Movement vehicle By magnitude more than 20, but not more than 40 kilometers per hour (paragraph in the editorial office, enacted from January 1, 2008 Federal law dated July 24, 2007 N 210-FZ -
Shut down administrative fine in the amount of five hundred rubles.

(Paragraph in the editors enacted from July 8, 2007 by the Federal Law of June 22, 2007 N 116-FZ; as amended, entered into force on January 1, 2008 by the Federal Law of July 24, 2007 N 210-FZ; as amended introduced into action from September 1, 2013 by the Federal Law of July 23, 2013 N 196-FZ.
3. Exceeding the established velocity velocity of the vehicle by more than 40, but not more than 60 kilometers per hour (paragraph in the editors enacted from January 1, 2008 by the Federal Law of July 24, 2007 N 210-FZ -
The imposition of an administrative fine in the amount of one thousand to one thousand five hundred rubles (paragraph in the wording entered into force from July 8, 2007 by the Federal Law of June 22, 2007 N 116-FZ; as amended, enacted from January 1, 2008 Federal Law of July 24, 2007 N 210-FZ.

4. Exceeding the installed vehicle speed speed by more than 60, but not more than 80 kilometers per hour -
(Paragraph in the editorial office entered into force from September 1, 2013 by the Federal Law of July 23, 2013 N 196-FZ.

the imposition of an administrative fine in the amount of from two thousand to two thousand five hundred rubles or deprivation of the right to manage vehicles for a period of four to six months (paragraph in the wording entered into force from July 8, 2007 by the Federal Law of June 22, 2007 N 116- Federal Law; as amended, entered into force on January 1, 2008, the Federal Law of July 24, 2007 N 210-FZ.

5. Exceeding the installed vehicle movement speed by more than 80 kilometers per hour -
The imposition of an administrative fine in the amount of five thousand rubles or deprivation of the right to manage vehicles for a period of six months.


6. Repeated administrative offense provided for by part 3 this article, -
The imposition of an administrative fine in the amount of from two thousand to two thousand five hundred rubles.

(Part additionally included from September 1, 2013 by the Federal Law of July 23, 2013 N 196-FZ)
7. Re-committing an administrative offense provided for by parts 4 and 5 of this article -
Continuing the deprivation of the right to control vehicles for a period of one year, and in the case of fixing the administrative offense, working in automatic mode special technical meanshaving functions of photo and filming, video recording - the imposition of an administrative fine in the amount of five thousand rubles.

(Part additionally included from September 1, 2013 by the Federal Law of July 23, 2013 N 196-FZ)

Commentary on Article 12.9 of the Administrative Code

1. The object of the offense is safety road, Life and health of citizens. The driver must conduct a vehicle at a speed not exceeding the limit. In settlements, vehicles are allowed at a speed of no more than 60 km / h, and in residential areas and in the courtyard territories - no more than 20 km / h.

2. The objective side of the offense is characterized by non-compliance with the rules of the road and is expressed in exceeding the installed speed. If the speed exceeds no longer reached a value of 10 kilometers per hour, then the fact of the offense is absent.

3. The subjective side of the offense is characterized by fault in the form of intent. The subject of the administrative offense is a person controlling the vehicle and has reached the age of sixteen. Exceeding the installed velocity velocity vehicle is qualified at the time of detection and entails the application to the violator of administrative responsibility measures in accordance with the commented article.

Another comment on Article 12.9 Code of Administrative Offenses of the Russian Federation

1. The subject of administrative offenses provided for in this article is the driver of a mechanical vehicle.

Under the driver, in this case, only a person controlling a mechanical vehicle, as well as a person learning to driving, is meant. According to the rules of the road traffic, the driver is also understood as a person managing the object of the gentle transport.

2. In accordance with paragraph 10.1 - 10.4 of the rules of the road (as amended. Decree of the Government of the Russian Federation of January 24, 2001 N 67) The driver must conduct a vehicle at a rate not exceeding the established limit, while taking into account the traffic intensity, features and state of vehicle and cargo, road and weather conditions, in particular, visibility in the direction of movement. The speed should provide the driver the ability to continuously monitor the movement of the vehicle.

In settlements, vehicles are allowed at a speed of no more than 60 km / h, and in residential areas and in the courtyard territories - no more than 20 km / h.

By decision of organs executive power Subjects Russian Federation Could increase the speed (with the installation of the corresponding signs 3.24) in separate areas of roads, if the road conditions provide a safe movement with greater speed.

Out of settlements Movement is allowed:

Passenger cars and trucks with a maximum massive mass of no more than 3.5 tons on motorways - at a speed of no more than 110 km / h, on other roads - no more than 90 km / h;

Long-distance and mavenous buses and motorcycles on all roads - at a speed of no more than 90 km / h;

Other buses passenger cars When towing a trailer, trucks with a maximum mass of more than 3.5 tons on motorways - at a speed of no more than 90 km / h, on other roads - no more than 70 km / h;

Trucks carrying people in the body - at a speed of no more than 60 km / h;

Vehicles carrying out organized transportation groups of children - at no more than 60 km / h;

Vehicles, towing mechanical vehicles - at a speed of no more than 50 km / h;

Vehicles carrying large-sized, heavy and dangerous goods - with a speed not exceeding the speed established when coordinating the conditions of transportation.

3. Exceeding the established velocity velocity vehicle is qualified at the time of detection and entails the application to the violator of administrative responsibility measures in accordance with the commented article. On the correlation of administrative misconduct and crime, see paragraph 7 of the comment to Art. 12.8.

4. See Note to paragraph 5 comments to Art. 5.1.

Affairs by administrative offensesprovided for in the commented article are considered by the head of the State Traffic Inspectorate, his deputy, regiment commander (battalion, company) of the road-patrol service, its deputy, and in relation to the offenses provided for by Part 1, 2 and 3, - staff of the traffic police that have a special title (see . Accordingly, paragraph 5, 6 hours 2, Art. 23.3 of the COAP).

In accordance with Part 2 of Art. 23.2 Administrative Code These officials are entitled to transfer cases of administrative offenses provided for by the commented article committed by minors for consideration by minors and the protection of their rights.

These officials are entitled to transfer cases of administrative offenses, provided for in Part 4 of the commented article, for consideration by the judge (see para. 2 p. 9 comments to Art. 12.8).

About charging an administrative fine in cases provided for in Part 1, 2 of the article under consideration, see paragraph 7 of the comment to Art. 12.1.

5. Applied to the licensed types of road activities about legal consequences licensee - individual entrepreneur Administrative offenses provided for in Part 4 of the article under consideration, see paragraph 4 comments to Art. 12.5.

(Administrative Code Remedies 2018-2019)

Administrative Offenses Code

Article 12.9. Exceeding set speed

2. Exceeding the set speed of vehicle movement by more than 20, but not more than 40 kilometers per hour -

entails the imposition of an administrative fine in the amount of five hundred rubles.

(as amended by federal laws of 06.22.2007 N 116-FZ, from 24.07.2007 N 210-FZ, from July 23, 2013 No. 196-ФЗ)

3. Exceeding the installed velocity speed of the vehicle by more than 40, but not more than 60 kilometers per hour -

(as amended by Federal Law of July 24, 2007 No. 210-ФЗ)

it entails the imposition of an administrative fine in the amount of one thousand to one thousand five hundred rubles.

4. Exceeding the installed vehicle speed speed by more than 60, but not more than 80 kilometers per hour -

(as amended by Federal Law of July 23, 2013 No. 196-ФЗ)

the imposition of an administrative fine in the amount of from two thousand to two thousand five hundred rubles or deprivation of the right to manage vehicles for a period of four to six months.

(as amended by federal laws from 06.22.2007 N 116-FZ, from 24.07.2007 N 210-FZ)

5. Exceeding the installed vehicle movement speed by more than 80 kilometers per hour -

the imposition of an administrative fine in the amount of five thousand rubles or deprivation of the right to manage vehicles for a period of six months.

(Part 5 introduced by Federal Law of July 23, 2013 No. 196-ФЗ)

6. Repeated administrative offense provided for in paragraph 3 of this article -

the imposition of an administrative fine in the amount of from two thousand to two thousand five hundred rubles.

(Part 6 introduced by Federal Law of July 23, 2013 No. 196-FZ)

7. Re-committing an administrative offense provided for by parts 4 and 5 of this article -

the deprivation of the right to manage vehicles for a period of one year is entitled, and in the case of fixing the administrative offense, working in automatic mode with special technical means that have functions of photo and filming, video recording - the imposition of an administrative fine in the amount of five thousand rubles.

(Part 7 introduced by Federal Law of July 23, 2013 No. 196-FZ)

From January 1, 2016, in accordance with the changes in the Code of Administrative Offenses, for some offenses can be paid half of the penalty written out.

This is stated in Article 32.2, Part 1.3

When the administrative penalty is paid to the person involved in administrative responsibility for committing an administrative offense provided for by Chapter 12 of this Code, with the exception of administrative offenses provided for in paragraph 1.1 of Article 12.1, Article 12.8, parts 6 and 7 of Article 12.9, part 3 of Article 12.12, part 5 of the article 12.15, part 3.1 of Article 12.16, Articles 12.24, 12.26, part 3 of article 12.27 of this Code, not later than twenty days from the date of the decision to impose an administrative fine, an administrative penalty can be paid in the amount of half the amount of the superimposed administrative fine. In the event that the execution of the decision on the appointment of an administrative fine was delayed either by the development of the judge, the authority, an official who made the decision, the administrative penalty is paid in full.

So, 20 days begin to count down since the decision. If you are an active user road transport, then you need to take a rule, check the penalties on the Internet. Otherwise you can miss the opportunity to save a fine. And they are very much.

What violations do not apply to the Skid

Article COAP Violation Punishment
12.1.1.1 Re-control of the vehicle not registered in the prescribed manner 5 000 rub. Or deprivation Wu.
1-3 months
12.8 h.1 Driving a driver in a state of intoxication, if such actions do not contain a criminal acting act « 30 000 rub., Depression Wu B.
18-24 months, stradition "
12.8 C.2 Transmission of the transportation of the vehicle face being inxicated « 30 000 rub., Depression Wu for 18-24 months "
12.8 Part 3. Driving a driver who is in a state of intoxication and does not have the right to manage vehicles or deprived of the right to control vehicles, if such actions do not contain a criminal offense "Arrest for 10 - 15 days or 30 000 rub., Parking fine"
12.9 Part 6 2 000 - 2 500 rubles.
12.9 Ch. 7. Re-committing an administrative offense provided for in parts 4 and 5 of this article "Deprivation of Wu 1 year or 5 000 rub. "
12.12 Part 3. Re-committing an administrative offense provided for in paragraph 1 of this article « 5 000 rubles. Or imprisonment 2-6 months "
12.15 Ch.5 Repeated administrative offense provided for in paragraph 4 of this article 5 000 rubles.
12.16 Part 31. Re-committing an administrative offense provided for in paragraph 3 of this article Deprivation of Wu for 12 months or 5 000 rubles.
12.24 h.1. Violation of traffic rules or vehicle operating rules entrusted causing light Harm to the health of the victim 2 500 – 5 000 rub.
Or deprivation of Wu for 12-18 months
12.24 b.2. Violation of the rules of the road or the rules of operation of the vehicle, which caused the most harmful to the health of the victim 10 000 — 25 000
rub. or deprivation of Wu 18-24 months
12.26 h.1. Failure by the driver of the legal requirement of the police officer about the passage of medical examination on the state of intoxication, if such actions (inaction) do not contain a criminal offense 30 000 rub., Deprivation of Wu for 18-24 months, Streach
12.26 b.2. Failure by a driver who does not have the right to manage vehicles or deprived of the right to manage vehicles, the legal requirement of the police officer about the passage of medical examination on the state of intoxication, if such actions (inaction) do not contain a criminal offense Arrest for 10-15 days or 30 000 rub., Parking fine
12.27 part 3. Eating alcoholic beverages, narcotic or psychotropic substances after a traffic accident or stop by the police officer 30 000 rub., Depression Wu.
for 18-24 months, s

Article 12.9 Administrative Code of the Russian Federation with comments and changes 2019-2020

2. Exceeding the set speed of vehicle movement by more than 20, but not more than 40 kilometers per hour -

entails the imposition of an administrative fine in the amount of five hundred rubles.

3. Exceeding the installed velocity speed of the vehicle by more than 40, but not more than 60 kilometers per hour -

it entails the imposition of an administrative fine in the amount of one thousand to one thousand five hundred rubles.

4. Exceeding the installed vehicle speed speed by more than 60, but not more than 80 kilometers per hour -

the imposition of an administrative fine in the amount of from two thousand to two thousand five hundred rubles or deprivation of the right to manage vehicles for a period of four to six months.

5. Exceeding the installed vehicle movement speed by more than 80 kilometers per hour -

the imposition of an administrative fine in the amount of five thousand rubles or deprivation of the right to manage vehicles for a period of six months.

6. Repeated administrative offense provided for in paragraph 3 of this article -

the imposition of an administrative fine in the amount of from two thousand to two thousand five hundred rubles.

7. Re-committing an administrative offense provided for by parts 4 and 5 of this article -

the deprivation of the right to manage vehicles for a period of one year is entitled, and in the case of fixing the administrative offense, working in automatic mode with special technical means that have functions of photo and filming, video recording - the imposition of an administrative fine in the amount of five thousand rubles.

Commentary on Article 12.9. COAP RF:

1. The objects of offenses provided for by the commented article are public relations In the field of road safety. This article establishes administrative responsibility For the most common type of traffic rules, which is the main cause of road traffic accidents.

2. From the objective side, the administrative offenses provided for by the commented article are expressed in the drivers of the installed speed of movement.

3. In accordance with the rules of the Road Movement of the Russian Federation, approved by the Decree of the Council of Ministers - the Government of the Russian Federation of October 23, 1993 N 1090 (C None. And Extras), the driver must conduct a vehicle at a rate not exceeding the established limit. Restrictions are divided into common, special and local. General restrictions Movement speeds are set by paragraph 10.2 - 10.4 of the rules and apply to the entire street-road network. Special restrictions are introduced for certain types of vehicles or certain types of transport. Local speed limits are set on the basis of the conditions of movement at specific areas of roads. Unlike general and special restrictions, local is entered only with road signs. The installed upper speed limit does not guarantee traffic safety, so the driver of the vehicle must independently choose the optimal speed mode Within the limits established by the rules, taking into account the set of factors specified in paragraph 10.1 of the Rules (traffic intensity, features and condition of the vehicle and cargo, road and meteorological conditions, visibility in the direction of movement).

Exceeding the limitations of the installed speed of the movement provided for by the rules, by a value of at least 10, but no more than 20 km / h qualifies under part 1, by magnitude more than 20, but not more than 40 km / h - under part 2, by magnitude more than 40 But not more than 60 km / h - under Part 3, by the amount of more than 60 km / h - under Part 4 of this article. The identification of this type of offense is possible using special technical devices (see Comment to Art. 26.2).

4. The subject of administrative offenses can only be the driver.

5. S. subjective side The offenses under consideration are characterized by deliberate wine.

6. Cases on administrative offenses provided for by the commented article are considered by the boss. State inspection Road safety, his deputy, regiment commander (battalion, company) of the road-patrol service, his deputy (Art. 23.3), and under Part 4 - also by judges in cases where the specified officials transfer the case for consideration by the judge (h. 2 Art. 23.1). Cases of violations qualified under part 1 - 3 of this article are authorized to consider employees of the State Road Safety Inspectorate, having a special title (Art. 23.3).

Administrative offenses are drawn up officers Internal affairs bodies (police) (part 1, Art. 28.3).