System of photofixing of infringements of traffic rules in new ways
The Verkhovna Rada of Ukraine will change and improve the system of photofixing of infringements of traffic regulations that will reduce the level of death and injury on the roads, and reduce socio-economic losses of the state from traffic accidents.
So, on October 27, 2016 in the Verkhovna Rada was registered a bill No. 5314 “On amendments to some legislative acts of Ukraine on improving regulation of relations in the sphere of ensuring road traffic safety”.
The draft law was initiated by people’s deputies of Ukraine Anton Gerashchenko, Mustafa Nayem, Sergey evtushok and Igor Didenko.
Improving safety and reducing injuries on the roads
With the aim of restoring order in the field of road safety and reducing road traffic injuries with fatal and other consequences of July 14, 2015 the Verkhovna Rada of Ukraine adopted the Law of Ukraine “On amendments to some legislative acts of Ukraine on improving regulation of relations in the sphere of ensuring road traffic safety”. This Law, among other things, introduced a system of photofixing of infringements of traffic rules in Ukraine; defines the principles of such system functioning; regulates the procedure of bringing to responsibility persons who committed offences recorded in automatic mode, etc.
However, in the process of introduction of the mechanism of photofixing of violations of traffic rules in practice proved to be a significant amount of technical and legal problems in the functioning of such a system, jeopardizing its proper operation and efficiency.
You should also pay attention to the possibility of the recognition provisions of photofixing of violations of traffic rules unconstitutional based on the decision of the constitutional Court of Ukraine of 22 December 2010, No. 23-RP/2010 in the case No. 1-34/2010 “On administrative responsibility in sphere of securing traffic safety”, since the existing provisions of the code of Ukraine on administrative offences contain those same conceptual conflicts that have been cancelled the specified decision of the court.
As noted in the explanatory Memorandum, current Law of Ukraine defines the accountability of the vehicle owner, not the person who directly committed the offense.
To solve these and other problems are directed to the adoption of the draft Law of Ukraine “On amendments to some legislative acts of Ukraine on improving regulation of relations in the sphere of ensuring road traffic safety”.
System of photofixing of infringements of traffic regulations
The purpose of the draft law of Ukraine “On amendments to some legislative acts of Ukraine on improving regulation of relations in the sphere of ensuring road traffic safety” is the solution to the technical and legal problems of functioning of system of photofixing of violations of traffic regulations of Ukraine, as well as the enforcement of the provisions of the Law relating to this system according to the Constitution of Ukraine.
What changes to expect from the law and actions of the transport drivers
As noted in the comparative table code of Ukraine on administrative offences, it is planned to make such changes in the bill:
1) in the case of impossibility of identifying the person who actually operated the vehicle at the time of committing an administrative offense in the sphere of ensuring road safety, recorded automatically, in connection with the failure to communicate in the prescribed manner to the Commissioner of the division of the National police information about a person, a responsible legal or natural person for whom the vehicle is registered, and if the vehicle is registered outside the territory of Ukraine, to administrative responsibility brought to the person who has imported such a vehicle on the territory of Ukraine;
2) in the case of deprivation of the citizen of the right of management by vehicles scoring is not carried out (suspended) for the period of deprivation of such a right;
3) cases about administrative offenses in the sphere of ensuring road safety, recorded automatically, are considered within ten days from the date of receipt of a duly authorized unit of the National police information about the person actually operated the vehicle at the time of committing such offense;
4) in case when an administrative offence in the sphere of ensuring road safety, recorded automatically, the officer of the authorized division of the National police establishes the identity, which was the vehicle and directs such person “written notice” in the case of an administrative offense in the sphere of ensuring road traffic safety. The written notice should contain this information: title, first name, last name, first name and patronymic of the person who made the communication; the date of written communication; the date, time and place of committing an administrative offence, is fixed in the automatic mode; details about the vehicle recorded at the time of the offense (make, model, license plate number); information about the person for whom the vehicle is registered; the nature of the offense recorded in the automatic mode, indicating the article of this Code envisaging responsibility for its Commission; information on the technical means, which made fixing in auto mode violations in the sphere of ensuring road safety; the address of the web site on which person can see a picture or video of the vehicle at the time of committing an administrative offense and the identifier to access the specified information on this web site; information about the liability of vehicle owner for an administrative offence in the sphere of ensuring road safety, recorded automatically;
5) a decision (the default judgment) on the imposition of administrative penalties for offences in the sphere of ensuring road safety, recorded automatically, in addition to the data defined by the parts 2 and 3 of this article shall contain information about the address of the website in the Internet where a person can see the picture or video of the vehicle at the time of committing an administrative offense, the identifier to access the specified information and order the release from administrative liability;
6) in cases of non-payment of a fine by a foreigner or person without citizenship who are or were in the territory of Ukraine, the resolution on imposition of penalty for offences in the sphere of ensuring road safety, recorded automatically, is sent for enforcement to the Department of state Executive service at the place of processing and recording of such offences;
7) in the case of a decision on deprivation of the right of control of the vehicle, the authorized officer of the National police shall enter the information on the suspension of the driver’s license of the person concerned to the information and telecommunications system of the Ministry of internal Affairs of Ukraine with indication of the term for which the person was deprived of the right of control of the vehicle;
8) the action of the driver’s license will be suspended from the date of entry into force of the resolution on deprivation of the right of control of the vehicle.
The appeal of the decision on deprivation of the right of control of the vehicle does not stop its execution;
9) the driver’s license which is suspended, be valid from the day following the day of execution (cancellation) of the decision on deprivation of the right of control of the vehicle;
10) in the case where a person has been deprived of the right of management by vehicles for a period of more than one year driver’s license is valid from the date of Deposit of the theoretical and practical exams for obtaining the right of management;
11) if persons deprived of the right of management by vehicles, aside from putting driver’s license, the term of deprivation of a special right begin on the date of surrender or withdrawal;
12) in case of impossibility of identifying the person who actually operated the vehicle and with lack of authorized unit of the National police information about a person, a responsible legal or natural person for whom the vehicle is registered, and if the vehicle is registered outside the territory of Ukraine to administrative responsibility attracted a person who has imported such a vehicle on the territory of Ukraine.
13) in the case of submission on compulsory execution of the decision (in absentia) on imposing administrative penalties for violations in the sphere of ensuring road safety, recorded automatically, such resolution shall be signed by the authorized units of the National police with the use of electronic digital signatures without sealing.
The prosecution and imposition of penalties
The draft Law of Ukraine “On amendments to some legislative acts of Ukraine on improving regulation of relations in the sphere of ensuring road traffic safety” defined the duty of prosecuting the person who actually committed the offense, not the owner of the vehicle, in accordance with article 14-1 of the Constitution of Ukraine, and individual legal responsibility.
“The changes on the resolution of the direction of the face of the notification information to prosecute the person who directly committed the offense, and at the same time the correspondence resolution on imposing an administrative penalty.
Settled by the procedure of accountability of the person who actually committed the offence if such entity is not the owner of the vehicle,” noted the MPs.
Reduction of losses of the state and the implementation of the new system
The bill will enable the proper implementation of the system photofixation traffic violations that will lead to a significant decrease in the level of death and injury on the roads, and to reduce the annual socio-economic losses of the state from traffic accidents.
