Where are we
office@sw-partners.com
+38(097) 946 65 81
- Details
-
Published: 28 April 2020
-
Hits: 482
The Ministry of Internal Affairs on its website explained the procedure and indicated the location of the following systems:
https://mvs.gov.ua/ua/pages/pages/7403_Avtomatichna_sistema_fotovideofiksacii_porushen_PDR.htm
It should be noted, in particular, that the system of fixing administrative offenses in the field of road safety in the automatic mode at an initial
stage will only fix such kind of violations of the traffic rules as exceeding the established speed limits of vehicles.
The maximum permissible error of the control devices does not exceed ± 3 km / h. So, for example, how will the calculation of the speed at
which the offender is prosecuted: 50 + 20 + 3 km / h = 73 km / h (where 3 km / h is the error of the device)
BUT we have to take into account the speed regime allowed by local authorities, for example in accordance with the decision of the Kiev administration
from April 1 to November 1 on the relevant highways of the city of Kiev (list at the link https://kmr.gov.ua/uk/content/na-17-vulycyah-kyyeva-dozvolyly-shvydkist-ruhu-do-80-kmgod)
- is allowed to drive on separate lanes at a speed of 80 km / h. So, calculation of the speed at which the offender is prosecuted 80 + 20 + 3 km / h = 103 km / h.
Subjects of responsibility:
- the natural person or the head of the legal entity on which the vehicle is registered;
- the proper user of the respective vehicle, if the relevant data is entered in the Unified State Register of Vehicles.
- the person who brought such vehicle to the territory of Ukraine (if the vehicle is registered outside the territory of Ukraine)
Procedure for bringing to administrative responsibility:
The decision can be made without the participation of the person who is held to administrative responsibility. After the Resolution (“Postanova” in Ukrainian)
will be printed on a paper with special security elements and within three days will be sent to the responsible person by registered letter with notification to
the address of the place of registration (residence) of the individual (location of the legal entity) or given to the person who imported the vehicle with foreign
registration into the territory of Ukraine by the relevant units of the State Border Service of Ukraine.
The Resolution shall enter into force upon its delivery to the person, or upon receipt of the postal notification of service or refusal to receive it, or the return
of the postal item with the non-delivery mark.
For the convenience of checking events with signs of administrative offenses in the field of traffic safety we recommend to use the following portals:
- service for checking events with signs of administrative offenses in the field of traffic safety: https://bdr.mvs.gov.ua/
- driver's electronics office https://e-driver.hsc.gov.ua/accounts/login/?next=/
By the way, by the end of 2010, there were already automatic fixation of traffic violations in Ukraine. However, by a decision of the Constitutional Court of the
22nd of December 2010, this procedure of punishment owners of vehicles was declared unconstitutional. The Court stated that the practice of holding car
owners liable solely because they were the owners of the vehicles violated 7 articles of the Constitution. In particular, the Court drew attention to the fact that
the person committing the offense must be held responsible for the committing of such offense.
In 2015, the Code of Administrative Offenses was supplemented by a new rule, which stipulates that responsibility for traffic violations, recorded in the automatic
mode, bears the responsible person - the individual or the head of the legal entity under which the vehicle is registered. That is, the essence of these two
norms is exactly the same (owner of vehicle and person under which the vehicle is registered ) . The only difference is the mechanism which now is offered - if
the vehicle is not driven by the owner, he has the right and the opportunity to enter information about the proper user in the Unified State Register of Vehicles
through:
1. territorial bodies for rendering services of the Ministry of Internal Affairs;
2. Web application, available on the official website of the Main Ministry of Internal Affairs Service Center.