Various traffic police fines. Various fines of the traffic police 12.9 part 3 repeated commission of an administrative offense
Article 12.9. Exceeding the set speed. Traffic police fine
2. Exceeding the established speed of a vehicle by more than 20, but not more than 40 kilometers per hour -
entails imposition administrative fine in the amount of five hundred rubles.
3. Exceeding the established speed of a vehicle by more than 40, but not more than 60 kilometers per hour -
shall entail the imposition of an administrative fine in the amount of one thousand to one thousand five hundred rubles.
4. Exceeding the established speed of a vehicle by more than 60, but not more than 80 kilometers per hour -
shall entail the imposition of an administrative fine in the amount of two thousand to two thousand five hundred rubles or deprivation of the right to drive vehicles for a period of four to six months.
5. Exceeding the established speed of a vehicle by more than 80 kilometers per hour - entails the imposition of an administrative fine in the amount of five thousand rubles or deprivation of the right to drive vehicles for a period of six months.
6. Repeated commission administrative offense provided for in Part 3 of this article - entails the imposition of an administrative fine in the amount of two thousand to two thousand five hundred rubles.
7. Repeated commission of an administrative offense provided for in parts 4 and 5 of this article - entails deprivation of the right to drive vehicles for a period of one year, and in the case of recording an administrative offense using special technical means operating automatically, having the functions of photography, filming, video recording, - imposition of an administrative fine in the amount of five thousand rubles.
(Administrative Code of the Russian Federation edition 2018-2019)
Code of Administrative Offenses
Article 12.9. Exceeding the set speed
2. Exceeding the established speed of a vehicle by more than 20, but not more than 40 kilometers per hour -
shall entail the imposition of an administrative fine in the amount of five hundred rubles.
(as amended by Federal Laws dated June 22, 2007 N 116-FZ, dated July 24, 2007 N 210-FZ, dated July 23, 2013 N 196-FZ)
3. Exceeding the established speed of a vehicle by more than 40, but not more than 60 kilometers per hour -
(as amended by Federal Law dated July 24, 2007 N 210-FZ)
shall entail the imposition of an administrative fine in the amount of one thousand to one thousand five hundred rubles.
4. Exceeding the established speed of a vehicle by more than 60, but not more than 80 kilometers per hour -
(as amended by Federal Law dated July 23, 2013 N 196-FZ)
shall entail the imposition of an administrative fine in the amount of two thousand to two thousand five hundred rubles or deprivation of the right to drive vehicles for a period of four to six months.
(as amended by Federal Laws dated June 22, 2007 N 116-FZ, dated July 24, 2007 N 210-FZ)
5. Exceeding the established speed of a vehicle by more than 80 kilometers per hour -
shall entail the imposition of an administrative fine in the amount of five thousand rubles or deprivation of the right to drive vehicles for a period of six months.
(part 5 introduced Federal law dated July 23, 2013 N 196-FZ)
6. Repeated commission of an administrative offense provided for in Part 3 of this article -
shall entail the imposition of an administrative fine in the amount of two thousand to two thousand five hundred rubles.
(Part 6 introduced by Federal Law dated July 23, 2013 N 196-FZ)
7. Repeated commission of an administrative offense provided for in parts 4 and 5 of this article -
entails deprivation of the right to drive vehicles for a period of one year, and in the event of an administrative offense being recorded using special technical means operating in automatic mode that have the functions of photography, filming, and video recording - the imposition of an administrative fine in the amount of five thousand rubles.
(Part 7 introduced by Federal Law dated July 23, 2013 N 196-FZ)
2. Exceeding the established speed of a vehicle by more than 20, but not more than 40 kilometers per hour -
shall entail the imposition of an administrative fine in the amount of five hundred rubles.
3. Exceeding the established speed of a vehicle by more than 40, but not more than 60 kilometers per hour -
shall entail the imposition of an administrative fine in the amount of one thousand to one thousand five hundred rubles.
4. Exceeding the established speed of a vehicle by more than 60, but not more than 80 kilometers per hour -
shall entail the imposition of an administrative fine in the amount of two thousand to two thousand five hundred rubles or deprivation of the right to drive vehicles for a period of four to six months.
5. Exceeding the established speed of a vehicle by more than 80 kilometers per hour -
shall entail the imposition of an administrative fine in the amount of five thousand rubles or deprivation of the right to drive vehicles for a period of six months.
6. Repeated commission of an administrative offense provided for in Part 3 of this article -
shall entail the imposition of an administrative fine in the amount of two thousand to two thousand five hundred rubles.
7. Repeated commission of an administrative offense provided for in parts 4 and 5 of this article -
entails deprivation of the right to drive vehicles for a period of one year, and in the event of an administrative offense being recorded using special technical means operating in automatic mode that have the functions of photography, filming, and video recording - the imposition of an administrative fine in the amount of five thousand rubles.
Expert comment:
Exceeding the speed limit for a certain section of the road is one of the most significant causes of accidents. The punishment for it is defined in the legislation of almost all countries of the world. In Russia it occurs on the basis of Art. 12.9 Code of Administrative Offenses of the Russian Federation.
Comments to Art. 12.9 Code of Administrative Offenses of the Russian Federation
1. The objects of the offenses provided for in the commented article are public relations in the field of security traffic. This article establishes administrative liability for the most common type of traffic violations, which is the main cause of road accidents.
2. From the objective side, the administrative offenses provided for in the commented article are expressed in drivers exceeding the established speed.
3. In accordance with the Traffic Rules of the Russian Federation, approved by Resolution of the Council of Ministers - Government of the Russian Federation of October 23, 1993 N 1090 (as amended and additionally), the driver must drive the vehicle at a speed not exceeding the established limit. Restrictions are divided into general, special and local. General speed limits are established in clauses 10.2 - 10.4 of the Rules and apply to the entire road network. Special restrictions are imposed for certain types of vehicles or certain types transportation Local speed limits are set based on traffic conditions on specific road sections. Unlike general and special restrictions, local ones are introduced only with the help of road signs. The established upper speed limit does not guarantee traffic safety, therefore the driver of the vehicle is obliged to independently choose the optimal speed limit within the limits established by the Rules, taking into account the totality of factors specified in clause 10.1 of the Rules (traffic intensity, features and condition of the vehicle and cargo, road and weather conditions, visibility in the direction of travel).
Exceeding the established speed limits provided for by the Rules by an amount of at least 10, but not more than 20 km/h is qualified under Part 1, by an amount of more than 20, but not more than 40 km/h - by Part 2, by an amount of more than 40 , but not more than 60 km/h - according to Part 3, for an amount of more than 60 km/h - according to Part 4 of this article. Identification of this type of offense is possible with the help of special technical devices(see commentary to Article 26.2).
4. Only the driver can be the subject of administrative offenses.
5. From the subjective side, the offenses in question are characterized by intentional guilt.
6. Cases of administrative offenses provided for in the commented article are considered by the head of the State Road Safety Inspectorate, his deputy, the commander of a regiment (battalion, company) of the road patrol service, his deputy (Article 23.3), and under Part 4 - also by judges in cases where the specified officials will transfer the case to a judge (Part 2 of Article 23.1). Cases of violations classified under parts 1 - 3 of this article are authorized to be considered by employees of the State Road Safety Inspectorate with a special rank (Article 23.3).
Protocols on administrative offenses are drawn up by officials of internal affairs bodies (police) (Part 1 of Article 28.3).
ST 12.9 Code of Administrative Offenses of the Russian Federation
2. Exceeding the established speed of a vehicle by more than 20, but not more than 40 kilometers per hour -
shall entail the imposition of an administrative fine in the amount of five hundred rubles.
3. Exceeding the established speed of a vehicle by more than 40, but not more than 60 kilometers per hour -
shall entail the imposition of an administrative fine in the amount of one thousand to one thousand five hundred rubles.
4. Exceeding the established speed of a vehicle by more than 60, but not more than 80 kilometers per hour -
shall entail the imposition of an administrative fine in the amount of two thousand to two thousand five hundred rubles or deprivation of the right to drive vehicles for a period of four to six months.
5. Exceeding the established speed of a vehicle by more than 80 kilometers per hour -
shall entail the imposition of an administrative fine in the amount of five thousand rubles or deprivation of the right to drive vehicles for a period of six months.
6. Repeated commission of an administrative offense provided for in Part 3 of this article -
shall entail the imposition of an administrative fine in the amount of two thousand to two thousand five hundred rubles.
7. Repeated commission of an administrative offense provided for in parts 4 and 5 of this article -
entails deprivation of the right to drive vehicles for a period of one year, and in the event of an administrative offense being recorded using special technical means operating in automatic mode that have the functions of photography, filming, and video recording - the imposition of an administrative fine in the amount of five thousand rubles.
Commentary to Art. 12.9 of the Code of Administrative Offenses of the Russian Federation
1. In Sect. 10 of the Traffic Rules stipulate that the driver must drive the vehicle at a speed not exceeding the established limit. In turn, all restrictions are divided into general, special and local.
General speed limits are established in paragraphs 10.2 - 10.4 of the Road Traffic Rules of the Russian Federation and apply to the entire road network.
Special restrictions are imposed for certain types of vehicles or certain types of transportation.
Local speed limits are set based on traffic conditions on specific road sections. Unlike general and special restrictions, local ones are introduced only with the help of road signs.
The established upper speed limit does not guarantee traffic safety, therefore the driver of the vehicle is obliged to independently choose the optimal speed limit within the limits established by the rules, taking into account the totality of factors specified in clause 10.1 of the Traffic Rules (traffic intensity, features and condition of the vehicle and cargo, road and meteorological conditions, visibility in the direction of travel).
2. According to part 2 of the commented article 12.9 of the Code of Administrative Offenses of the Russian Federation, exceeding the established speed by more than 20, but not more than 40 km/h is classified.
3. According to Part 3 of the article in question, exceeding the established speed of a vehicle by more than 40, but not more than 60 km/h is qualified.
4. The objective side of the administrative offense provided for in Part 4 of the commented article is the driver exceeding the established speed of the vehicle by more than 60, but not more than 80 km/h.
5. The objective side of the administrative offense provided for in Part 5 of the article being analyzed is the driver exceeding the established speed of the vehicle by more than 80 km/h.
6. The objective side of the administrative offense provided for in Part 6 of Art. 12.9 of the Code of Administrative Offenses of the Russian Federation constitutes a repeated commission of an administrative offense provided for in Part 3 of the commented article (for an amount of more than 40, but not more than 60 km/h).
7. The objective side of the administrative offense provided for in Part 7 of Art. 12.9 of the Code of Administrative Offenses of the Russian Federation, constitutes a repeated commission of an administrative offense provided for in Parts 4 and 5 of the commented article (for an amount of more than 60, but not more than 80 km/h and for an amount of more than 80 km/h).
The detection of the overwhelming majority of speed limit violations is carried out using special technical means operating in automatic mode that have the functions of photography, filming, video recording, or means of photography, filming, and video recording.
8. Only drivers can be subjects of the offenses under consideration.
9. From the subjective side, these offenses are characterized by an intentional form of guilt.
10. Cases of administrative offenses provided for in the commented article are considered by the head of the State Traffic Inspectorate, his deputy, the head of the center for automated recording of administrative offenses in the field of traffic of the State Traffic Inspectorate (in the case of recording an administrative offense using special technical means operating automatically, having photo and filming functions, video recording, or by means of photography, filming, video recording), his deputy, the commander of the regiment (battalion, company) of the road patrol service, his deputy. In addition, cases of administrative offenses provided for in parts 2, 3 and 6 of the commented article can be considered by employees of the State Traffic Inspectorate who have a special rank (Article 23.3 of the Code of Administrative Offenses of the Russian Federation). Under Part 7 of the commented article, cases are considered by judges (except for cases of recording an administrative offense using special technical means operating in automatic mode that have the functions of photography, filming, and video recording), and under Parts 4 and 5 of the commented article - also by judges in cases when the above State Traffic Inspectorate officials refer the case to a judge (
2. Exceeding the established speed of a vehicle by more than 20, but not more than 40 kilometers per hour -
shall entail the imposition of an administrative fine in the amount of five hundred rubles.
3. Exceeding the established speed of a vehicle by more than 40, but not more than 60 kilometers per hour -
shall entail the imposition of an administrative fine in the amount of one thousand to one thousand five hundred rubles.
4. Exceeding the established speed of a vehicle by more than 60, but not more than 80 kilometers per hour -
shall entail the imposition of an administrative fine in the amount of two thousand to two thousand five hundred rubles or deprivation of the right to drive vehicles for a period of four to six months.
5. Exceeding the established speed of a vehicle by more than 80 kilometers per hour -
shall entail the imposition of an administrative fine in the amount of five thousand rubles or deprivation of the right to drive vehicles for a period of six months.
6. Repeated commission of an administrative offense provided for in part 3 of this article -
shall entail the imposition of an administrative fine in the amount of two thousand to two thousand five hundred rubles.
7. Repeated commission of an administrative offense provided for in parts 4 and 5 of this article -
entails deprivation of the right to drive vehicles for a period of one year, and in the event of an administrative offense being recorded using special technical means operating in automatic mode that have the functions of photography, filming, and video recording - the imposition of an administrative fine in the amount of five thousand rubles.
Commentary to Art. 12.9 Code of Administrative Offenses of the Russian Federation
1. The greatest danger in the field of road traffic is the most common offense - exceeding the established speed, since it often does not allow timely maneuvering, stopping the vehicle, preventing accidents, etc. The object of such an offense is public relations to ensure road safety.
The objective side of this violation is a violation of the Traffic Rules in terms of the established speed limit for vehicles, i.e. violation of the established speed limit. It should also be noted that the greater the excess of the established speed limit, the higher the degree of public danger of this act.
The objective side of the act in question is also characterized by a number of qualifying features, in particular, parts 6 and 7 provide for tougher penalties in case of repeated commission of this offense, i.e. The main qualifying feature of this act is its repetition. It should be noted that the implementation of this characteristic is permissible only during the same period - within a year from the date of the first offense. After the expiration of the specified period, the person is recognized as not being involved in administrative responsibility and there is no repetition in this case.
2. According to Article 12.9 of the Code of Administrative Offenses of the Russian Federation, the subject of this offense is recognized exclusively as the driver of the vehicle, i.e. person who admitted at the time of control vehicle exceeding the permissible speed limit. The subjective side in most cases is characterized by a deliberate form of guilt. However, the practice of the traffic police also indicates the possibility of committing this offense through negligence, although this fact is an exception to the general rule.
