Legality of security cameras. Traffic police officers will be allowed to use hand-held radars in exceptional cases. Types of traffic police video cameras

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Private video cameras for recording traffic violations are currently a legal option for bringing car owners to justice under the norms of the Code of Administrative Offenses of the Russian Federation. If the rules for installing the specified controls are observed, the issued resolution will be mandatory for the payment of a fine, and in some cases, for the imposition of a sanction in the form of deprivation of rights.

Video recording equipment for violations on the road can be transferred to private hands on the basis of government contracts concluded between the traffic police service, regional road departments and legal entities or private entrepreneurs. The subject of these agreements is the operation and ongoing maintenance of video surveillance systems.

The key nuances of such use and placement of surveillance equipment are as follows:

each complex is subject to inspection and certification in accordance with uniform federal rules, and the operating personnel of private cells must undergo special training;
placement of private complexes on highways is carried out outside the locations of stationary video surveillance cameras, and their presence should not be indicated by special warning signs;
the responsibilities of private individuals operating video recording cameras include not only identifying violations, but also printing and delivering decisions imposing fines to specific car owners;
The operation of private cameras is carried out on a reimbursable basis, legal entities and entrepreneurs receive a fixed portion of the amount of penalties imposed.

The most common option is the use of private video recording equipment on mobile vehicles. In this case, the private owner of the camera has the opportunity not only to record violations, but also to take the necessary measures to protect expensive equipment from illegal actions of third parties. The specified mobile video recording system can be placed in hidden or open mode; the law does not establish restrictions in this regard.

As a rule, these complexes are designed to detect speed violations. Video recording systems intended for these purposes can be purchased under government orders by the road maintenance service or by private companies. In the second case, the camera owner must undergo equipment verification and certification, after which an operating agreement can be drawn up.

The accuracy of measuring vehicle speed directly depends on the positioning of the camera on the ground. The standard error of private complexes is about 2 km/h, which is a sufficient indicator according to the norms of the Code of Administrative Offenses of the Russian Federation (as is known, the permissible speed limit under the influence of limiting road signs is up to km/h). If the video recording camera is installed or used incorrectly, the error can reach 7 km/h, which can significantly violate the interests of car owners.

Challenging decisions made based on data from private video recording cameras occurs according to general rules. The specified document must be sent to the violator, after which a complaint can be filed with a judicial authority within ten days. The challenge procedure in this case is extremely difficult for the following reasons:

unlike stationary complexes, private cameras can change their location almost daily, which makes it difficult to prove violations when they are installed on the ground;
at the legislative level there is no official methodology for checking camera installation angles, which makes it possible for unscrupulous owners of the complex to artificially increase the error rate and increase the number of detected violations;
information about the current speed limit is entered into the software of the complex manually, which is often accompanied by errors (it is extremely difficult even for experienced lawyers to prove that the entered data does not correspond to the traffic sign).

The decision to impose a fine indicates the location of the camera at the time the violation was recorded. To challenge traffic violations recorded by private cameras, you must drive with a video recorder along a highway with installed road signs. Only in this way can it be proven that the calculated indicator of a private video recording camera did not correspond to the permitted speed limit of the road sign. The procedure for holding owners of private cameras accountable for violations of operating and installation rules must be provided for in the terms of the contract.

The State Traffic Safety Inspectorate of the Russian Federation has decided to introduce a ban on the use of hand-held radars by State Traffic Inspectorate inspectors to detect violations of traffic rules. So far, the ban has been introduced in several regions of the Russian Federation.

This decision was made on the basis of a letter from the head of the Ministry of Internal Affairs V. Kolokoltsev, who, in order to combat corruption among traffic police officers, made such a proposal. This decision was received ambiguously: experts believe that hand-held radars have outlived their usefulness, but the manufacturers of speed recording devices themselves are confident that they can still serve.

Let us note that as of July 10 of this year, the use of hand-held radars by traffic inspectors is already prohibited in the Rostov and Samara regions. Radars of the brands “Binar”, “Vizir”, “Vizir-2M”, “Sokol-Viza”, “Berkut-Viza” and others were banned. In the Krasnodar Territory, all radars that have a function for manually erasing received data are prohibited.

Hand-held devices for determining the speed of vehicles on the roads have been actively used since the 60s of the last century. Along with a number of advantages, they also have disadvantages: speed recording data from some types of radars can be manually erased. It is this fact that allows unscrupulous inspectors to hide the fact of a violation and take a bribe from violating drivers.

In our age of high technology, hand-held radars are being actively replaced by video recording devices for vehicle speeds linked to GPS coordinates. In addition, an automatic system for recording violations has been in place since 2000, and since 2008, drivers of vehicles who violated traffic rules began to receive fines by mail.

Today, there are more than 10 thousand video cameras on Russian roads that automatically monitor order on the roads. In addition to determining if the speed limit is exceeded, they also record when a vehicle enters the oncoming or allocated lane, drives through railroad crossings, and other violations.

According to statistics, more than 26 million fines were issued in just 6 months of this year. This is 17 percent more than in the same period in 2015.

However, despite the powerful technical equipment, traffic inspectors continue to use old methods - measuring the speed of a car using a hand-held radar.

According to the adopted order, traffic inspectors who continue to use hand-held radars in their work in those regions where this is prohibited will be subject to disciplinary action for the first time, and if repeated violations are detected, dismissal from service.

Video about the ban on the use of hand-held radars by traffic police officers in some regions of the Russian Federation:

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Hand-held radars, the use of which many drivers have long and justifiably complained about, can finally be considered a thing of the past. Traffic police officers were officially banned from using them, but now there are clarifications from the Ministry of Internal Affairs: there are times when exceptions can be made. In what cases and in what regions should motorists be prepared for surprises?

A familiar situation: you were stopped for speeding, and the driver is sure that he did not violate it. From now until further notice, roadside disputes are over. Manual speed limiters are prohibited. The innovation was prepared in the strictest secrecy. But the rumor leaked to the newspapers - the radars were “under embargo” in the Rostov and Samara regions, in the Krasnodar Territory. Moscow confirmed the seriousness of its intentions.

“Vladimir Kolokoltsev instructed all territorial bodies of the Russian Ministry of Internal Affairs at the regional level, until further notice, to stop using mobile photo and video recording of traffic violations in their daily activities,” official representative of the Ministry of Internal Affairs Irina Volk told reporters.

The main reason is the fight against corruption on the roads. After all, an inspector armed with such a device personally catches violators and issues a decision. This means that the driver must negotiate with him.

“They never ask for money in principle, they put pressure on us to offer it ourselves,” says driver Ivan Friesen.

A striking example: a civil motorist patrol stopped to ask the officers what they were doing on the side of the highway. The money that suddenly flew out from under the inspectors’ car is more eloquent than any answer. And how many other funny things happened on Russian roads due to the fault of mobile radars...

“They cheated me and they cheated me 100 kilometers. I was driving a Volga, I had a ZIL refrigerator on top, and my mom and dad were sitting behind me. I went out and said: if you accelerate my Volga to a hundred kilometers with a refrigerator, I’ll pay whatever you want,” says driver Roman Kotyunov.

Hand-held radars, like stationary ones, operate on the same principle, discovered back in the 19th century. In front of a moving object, waves of all types are concentrated. The auto radar sends a signal to the car with one frequency, and receives it back with another, and uses the difference to calculate the speed. But the proven mechanism, in fact, gives serious failures - the radar “assigns” a speed of 60 kilometers per hour to a car standing still with the engine running. Mysticism, and that’s all... Another annoying technical drawback is that when aiming at the stream, it’s easy to miss.

“There’s a lot of traffic here, it’s not even clear what kind of car you’re taking, there’s no image to show the driver that it’s his car,” says the inspector.

Old-fashioned radars, or “hair dryers” in simple terms, were banned several years ago. But those that are now used on the roads have video recording of violations. These don't "smear". They have another problem - any record of speeding can be erased.

“It should not be possible to somehow delete data on the device. In the Russian version this is still available, in all other foreign devices we have done this at the request of the customer. Actually, for Russia to do this is a matter of one minute,” says developer Maxim Yazev.

But the Ministry of Internal Affairs does not receive such requirements from developers. But for example, the Singapore police ordered a radar for their employees, in which files with violations can neither be viewed nor deleted..

Both Russian and foreign modifications can work automatically except in manual mode. So these radars will not disappear from the roads overnight. They can still be used in exceptional cases. It’s just that now instead of the protocol there is a “letter of happiness” and a photo as a keepsake.

Video recording of traffic violations is a modern method of detecting unscrupulous drivers. It helps to quickly find and punish someone who has violated traffic rules. This is a new way of keeping order, which makes life easier for traffic police officers, but causes a lot of problems for drivers. After all, it is often necessary to appeal a decision. Especially if in fact there was no violation. Or it was issued erroneously. What can be said about video recording? Is it really possible to appeal a fine that was issued using something like this? What will a citizen need to avoid paying? And how to properly place road surveillance cameras? All this is worth understanding. Only then will it be possible to fully understand how to properly appeal a fine issued using video recording, and whether it is worth doing it at all. There may be no point in contacting the appropriate authorities!

What do the cameras watch?

The first thing to understand is under what circumstances a video recording system for traffic violations can help impose a fine on a citizen. Or more precisely, what exactly the cameras are monitoring. Perhaps the fine was imposed illegally? This is what many drivers hope for.

They will only be disappointed. The video tracking system for citizens is currently capable of “seeing” absolutely all the nuances of behavior on the road. What the cameras monitor includes:

vehicle speed;
stopping traffic on the side of the road;
dedicated lanes.

As practice shows, video recording systems for traffic violations do not affect the accident rate. That is, this system is designed to monitor the correct movement on the road, as well as to timely punish drivers. A very good way to replenish the state budget. Only particularly attentive citizens can appeal a fine. The main thing is to properly prepare for court hearings.

Where is it exhibited?

The next point is that video recording of traffic violations was not invented at all to reduce accidents on the roads. And, as already mentioned, mainly to punish careless drivers. And autonomous driving cameras are not installed everywhere. You need to know where you can meet them. Then you will be able to behave more carefully in these areas. It should be noted that cameras are located in all cities. But not in every corner, but only in specially designated places. Where exactly? At the moment, video recording systems for traffic violations can be found:

on (both with and without barriers);
at intersections and pedestrian crossings that are regulated by traffic lights;
at simple pedestrian crossings (not everywhere in small towns);
on roads where vehicles are prohibited;
where it is not permitted to make turns and U-turns;
on sections of roads where overtaking of vehicles is prohibited;
in areas with established speed limits;
in places where stopping and parking are either prohibited or restricted;
in residential areas (zones) where there are restrictions on the entry of vehicles;
on road lanes designated for route transport;
at all traffic lights.

Accordingly, it is almost impossible to find photos and video recordings in other places. Another point to consider is that drivers are usually warned about surveillance. But even if there is no “Video recording” sign anywhere, this does not mean that photo and video recording of traffic violations does not take place on a particular section of the road. In all of the above options, there may be no corresponding warning sign. This is not a violation of the law.

Is there a chance to appeal

Now that it is clear what kind of video recordings are made, as well as the places where these systems are located, you can think about appealing the chain letters. Many drivers do not dare to take such a step. Or they think for a very long time about whether there is even a chance to prove their innocence. Does it really make sense to contact the relevant authorities in order to appeal the fine?

Yes. If there was automatic video recording of traffic violations, everyone has the right to prove their innocence. There is no need to be afraid. The main thing is just to properly prepare for the process. Drivers even have a chance to win the case. You just have to find out all the details of filing an appeal first. And understand how to behave in a given situation.

Not yours

For example, recently incidents such as a fine that came “for nothing” have begun to occur more and more often. That is, video recording of traffic violations fails from time to time. Is it worth paying for a “letter of happiness” if it is not addressed to a citizen living at a particular address?

No. In this case, it is recommended to contact the traffic police department of the recipient’s area of residence as soon as possible. The passport and the received fine are presented to this authority. Everything else remains with law enforcement officers. They will no longer have to bother the citizen who applied with a fine. In any case, if the payment receipt was not addressed to the real recipient, you should not pay for it. And if the traffic police, for unknown reasons, refused to collect the payment, and even demanded to pay the invoice, you can go to court. Such cases occur extremely rarely in practice.

Why do mistakes happen?

Video recording equipment for traffic violations is a fairly serious system. But it still fails. And mainly due to the fact that the work system is not fully debugged. The thing is that video recording (as well as recording the violation in the photo) occurs, as already mentioned, in automatic mode. That is, the means themselves “catch” the violation, then compile a photo and video report. Next, the received data is automatically processed. The computer analyzes the vehicle number obtained from photographs and video reports, independently searches for it in the database, and then generates a fine report. And after that it sends it for manual verification.

Further, video cameras recording traffic violations do not play a role. Now there is a manual verification of the received information. Most often it is not of very high quality. After all, the systems themselves do not provide very clear images. And a person may not be able to see the vehicle number plate.

After passing two types of checks, the fine issued by the computer is sent to the traffic police inspector. He signs the corresponding resolution, after which a “chain letter” is sent to the potential violator.

It is precisely because of this not very well-developed verification system that errors are possible. Neither technology nor humans are able to 100% correctly determine the vehicle number in some cases. Because of this, letters are sent to the wrong citizens. Or cameras record a violation that did not actually take place. Therefore, having received a fine using a video recording system, you can safely go to court to appeal. Especially if the citizen did not actually break the rules!

Deadlines for appealing a fine

Video recording of traffic violations is a system that sometimes fails. Therefore, fines issued using it can be appealed. Certain problems may arise with this, but the very fact of the possibility of protecting one’s own rights does exist.

If a citizen has received a “letter of happiness”, he is in any case able to complain about the decision made. Only the period for contacting the relevant authorities is too short. A citizen is given only 10 days from the date of receipt of the corresponding fine to appeal.

The main feature is that usually all payments that must be collected from a citizen for traffic violations are sent with notification of receipt of the receipt. Some people prefer not to sign this document. Until the signature is affixed, the “letter of happiness” will not be considered received. This means that the countdown of the time allotted for filing an appeal against the decision will not begin.

It is recommended not to immediately go to court. You can quickly go to the head of the traffic police. See what the video recording of traffic violations shows and refute the fine imposed. During such an appeal, the payment may be cancelled. But this is a rare occurrence. Usually it doesn’t do any good, it just prevents you from going to court. Therefore, many people prefer to go to court right away. Especially if there was actually no violation. It should be remembered that you have only 10 days to write an application from the moment you receive the corresponding fine. And nothing more. Otherwise, you will either have to completely ignore the issued fine or pay it. But the possibility of appeal will no longer exist.

Where to contact

Where exactly should a citizen who has received a “letter of happiness” from the traffic police go to appeal? It has already been said that you can appeal with a refutation to the relevant authority that sent the fine to the recipient. But in practice, this technique usually does not produce any significant results. Therefore, we have to take a different path.

To compile a “letter of happiness”, video recording of traffic violations was used. Fines have been issued and sent to the recipient owners of the vehicles. Where should citizens who disagree with the decision be addressed? Of course, to court.

More precisely, these cases are dealt with by district courts. It is necessary to contact the appropriate authority in the area where the traffic police department that sent the “chain letter” is located. You must write an application no later than 10 days after receiving the fine.

You can only come to the district court with a statement of claim. In all other authorities, citizens will simply be refused to accept documents. You will have to seriously prepare for the trial process. After all, photos and videos of traffic violations are practically irrefutable evidence. And you will have to appeal them.

On your own

The rules established in Russia indicate that mandatory video recording of traffic violations can be appealed within 10 days from the moment the citizen receives a fine for the violation. Where to go? This is already clear. Now you can pay special attention to the specifics of the court hearing.

The thing is that the laws of the Russian Federation state: when appealing a fine, the owner of the vehicle will have to prove his innocence. If successful, you will not have to make any payments. Otherwise, the claim is not satisfied. The presumption of innocence does not work here. Self proof only.

This means you need to be well prepared for the process. After all, video cameras recording traffic violations do not always correctly record information that actually took place. It is advisable to prepare in advance and not go out on the road until you have a thorough safety net. How can you prove your own innocence in court in the situation under study?

Proof of Innocence

This is perhaps the most difficult question. Video recording of traffic violations in Moscow and other cities works successfully. But quite often drivers began to appeal to the courts with complaints. After all, this computer system is not universal. And often fines are issued incorrectly. What measures can you take to protect yourself and your vehicle from such incidents?

The first thing we can recommend is to install a camera in the car. Or better yet, a DVR. It will help record everything that happens from the driver’s side. After all, video recording cameras are not always installed at the desired angle. Perhaps there was actually no violation, but the installed equipment stubbornly recognizes it. Then the DVR will help prove innocence.

The next point is the discovery of witnesses who could confirm the correctness of the behavior of a particular citizen. Often, the video recording system for traffic violations does not correctly recognize vehicles. As a result, fines are received by the wrong owners. For example, the recipient of the fine was sitting at home, and the camera recognized his car on the highway while overtaking in a place where this is prohibited. In this situation, witnesses will make life much easier. Especially if these are uninterested citizens. For example, people from the street or neighbors. Having witnesses is a good way to win a trial.

In some situations, after contacting the judicial authorities, it is recommended to conduct an examination of photographs and videos that were obtained through the video recording system for traffic violations. It may turn out that the materials provided are of poor quality. And they are not able to serve as evidence of violation of traffic rules. By the way, this is a quite common situation. Especially when you consider that video recording of traffic violations (Chelyabinsk or any other cities - no matter what region we are talking about) is far from the highest quality pictures and videos. Sometimes, in principle, it is difficult to see one or another number on them. This will help you win your case.

Documents for court

Now that there is evidence, you should go to court with the appropriate package of documents. What exactly will you have to present? The package of papers may vary depending on the situation. Most often, the plaintiff is required to:

a statement of claim with a detailed description of the situation and an indication of the article under which the fine was received;
received "letter of happiness";
contacts of all witnesses who can help investigate the case;
citizen identity card;
results of the examination of photos and videos;
videos and pictures from a personal video recorder;
other evidence of innocence.

The appeal must be considered within 10 days. And the citizen will be given a date for a court hearing in the case, during which the video recording of traffic violations will be appealed. If you can prove your innocence, no payment will be collected from the citizen. Otherwise you will have to pay a fine. Therefore, everything depends on the evidence presented.

Judicial practice

Will video recording of a traffic violation necessarily guarantee the plaintiff’s failure? No. In fact, in Russia recently, very often, drivers have begun to go to court with relevant complaints. Only in some situations you have to try hard to prove your innocence.

For example, problems may arise if a fine is issued for It is difficult to prove that a citizen moved within the permissible limits. This will require at least 3 pictures from a video camera.

You should pay attention to which cameras recorded the violation. There are mobile models. They serve to display violations committed while the vehicle is moving. And there are stationary ones. They are necessary to record violations committed during “downtime.” If the notification you receive indicates that the type of camera is stationary, and the charge is directly related to a moving car, the resulting images are invalid. They cannot serve as evidence of guilt. Therefore, in this case, the court is more likely to side with the plaintiff.

In general, judicial practice shows that in approximately 50% of all cases of appeals to the court against traffic fines issued using automatic video recording, citizens succeed. The main thing is to prepare properly and not be afraid to defend your rights. The most difficult case is, as already mentioned, to prove speeding. But even here you can find a way out of the situation.

After the trial

What to do after the court hearing? It all depends on the situation. The point is that if the video recording of traffic violations was found to be incorrect, then the plaintiff does not need to do anything. It is enough to keep the court decision.

But it also happens that the claim is not satisfied. It is impossible to prove a person's innocence. Then you will have to pay the receipt that arrives. How much time is allocated for this? 30 days. Within a month from the date of the court decision, you will have to pay a fine for violating traffic rules.

Many people in practice refuse to make such payments. It should be remembered that the statute of limitations for such cases is 3 years. If you do not pay money for a given period of time, the fine will “burn out.” But before that, you will have to avoid driving a car for 3 years, and also hide from law enforcement agencies.

That's all. Now it is clear what rules exist for video recording of traffic violations, how a fine is formed using this system, and also how a citizen who has received a “letter of happiness” should behave. In fact, everything is not as difficult as it seems. If a person is actually not guilty, one can truly prove his innocence. Only the claim will have to be filed immediately. Otherwise, you will have to pay the invoice in full.

The business of video cameras recording traffic violations has appeared relatively recently. It consists not simply in installing the necessary equipment, but in its direct use for issuing fines and receiving a certain reward for this. We will talk about the prerequisites, legislative features and other important points of this format of earning money in the article.

Prerequisites for the emergence of private video recording cameras

Back in the early 90s of the last century, the market for video and even audio recording did not exist. However, the direction itself aroused interest among the people who later created the Vocord company. Gradually they expanded the range of their work to the following components that can record traffic violations by road users:

video analytics;
traffic control system;
Face Control facial recognition system.

By the way, the Vocord company was the first to introduce a camera to record traffic violations in Turkmenistan. And only a year later this practice was adopted in Russia.

After this, DPS began to implement the company’s achievements in its work. Thus, to record an offense, it is not necessary to place an employee on every road, and this is impossible. It is enough to install a video recording camera, configure it and receive fines for violations.

True, at the same time another difficulty appeared - there is already not enough money in the federal and local budgets, and if a new item of expenditure is introduced, the deficit may increase even more. That is why, back in 2014, the Federation Council and the State Duma jointly developed a project that would allow private investors to install video recording cameras.

How does this work?

After the adoption of the bill, private video recording of traffic violations became possible and legal. At the same time, both sides remain in the black: budget funds are not spent, which makes it possible to find other options for financing, and entrepreneurs have the opportunity to earn money.

Previously, according to the same plan, private investors worked with video recording cameras on toll roads. Now it has appeared on public highways as well. The legality of the actions is confirmed by amendments to the law “On Concession Agreements”.

The businessman just has to install the camera and wait to make a profit. In this case, the funds are transferred first to the state treasury (after the violator pays the fine), and only then to the owner of the equipment. The money is not transferred in full. Some funds remain in the budget. The investor's remuneration can reach 233 rubles for each fine.

Pros and cons of doing business

Installing cameras on the roads as a business can really bring in good profits. The amount of income will depend on traffic (how many people pass a video camera per day), the number and severity of violations. The main thing is to choose the right section of the route. Where traffic is already calm, installing a video recording camera is almost pointless. But on highways the profit will be many times greater.

This business sector is attractive to investors due to a number of positive factors:

the opportunity to earn income without additional effort (it is enough to set up work and find a person responsible for the operation of the cameras and their maintenance);
income without additional operating costs (you won’t have to invest again and again, since the equipment has a long service life, and if necessary, it can always be repaired or replaced);
there is no need to collect payments yourself - the amount due from the budget will be transferred by the responsible persons within the established time frame;
availability of a single deadline for receiving payments;
the opportunity to benefit the population by preventing crime (although many citizens are skeptical about this).

Of course, such a business has its drawbacks. The most significant features include the following:

a large amount of profit is made at first, a little later people begin to remember where the camera is located and try not to violate traffic rules in this area (in the worst case, the profit margin can almost disappear);
a relatively small amount of remuneration (233 rubles compared to the size of current fines - not so much);
money from the fiscal institution does not arrive in streams, but on scheduled dates, which may cause the lack of necessary funds in a certain period of time;
the presence of a certain period of cooperation - entrepreneurs can receive commissions only for 12 years after installing the cameras, after this time the contract with the investor ends;
not all citizens pay fines, sometimes it takes a lot of time to collect them;
the presence of special rules for installing video recording cameras (in their absence, the fine can be challenged by the violator in court).

Even despite so many disadvantages, we can talk about the high profitability of the business itself. It is not for nothing that currently about 50 government contracts have been concluded for the installation and maintenance of CCTV cameras for a total amount of 1.5 billion rubles throughout the country.

How much will you have to invest?

The cost of a video recording camera depends on the number of its options. Technologies are developing very rapidly in this direction. Every year the equipment can record and display an increasing number of violations. Operation requires not only a camera, but also control lines, data transmission modules, a data receiving and conversion unit, and much more. A complete set of equipment can cost 2,000,000 - 3,000,000 rubles.

If we consider that the average remuneration is 200 rubles, this means that the devices will pay for themselves only after receiving commissions for 10,000 fines. Since the period for receiving income is 12 years, at least 835 violations must be recorded per year or at least 3 violations per day. For Russian roads this is a small figure. In practice, it turns out that investments pay off in 4 years, and the investor receives excess profits for the remaining 8 years.