Appeal of a Ticket under the Road Traffic Act
The appeal of a ticket under the Road Traffic Act (Road Traffic Act) is a procedure that allows citizens to protect themselves from the imposition of an administrative penalty "fine" due to a violation of road traffic rules.
An appeal against a ticket under the Road Traffic Act includes certain procedures and deadlines that citizens must comply with in order to use their right of appeal effectively.
Under what circumstances is a fine imposed with a ticket under the Road Traffic Act
Fines may be imposed in accordance with the Road Traffic Act in various circumstances, including, but not limited to:
- Violation of the rules of the road - overspeed, improper parking, passing a red light, improper use of a mobile phone, improper use of seat belts, non-compliance with the prescriptions of road signs, etc.
- Failure to provide documents and information - driver's license, control card, vehicle registration certificate (coupon), insurance, etc.
The amount of the fines shall be determined by the competent authorities in accordance with the legislation.
What is the procedure for imposing a fine with a ticket under the Road Traffic Act?
The procedure for imposing a fine with a ticket under the Road Traffic Act is usually carried out by police officers on the spot when a violation of road traffic rules is found.
In certain cases, the violation may be established and filmed through a technical means or system, and depending on the type of technical device or system, the administrative authority issues an electronic ticket or sends the owner of the vehicle an invitation to appear at the relevant control service in order to be issued a ticket. In these cases, when the owner has not driven the vehicle, he has the opportunity to submit a declaration indicating the person who drove the vehicle, respectively to which a ticket will be issued.
The ticket is signed by the employee who imposed the fine and by the offender when he agrees to pay the fine. In case of refusal to sign, as well as in case of contestation of the violation or the amount of the fine, police officers issue an administrative violation act (AVA). This rule shall not apply to the issue of an electronic ticket which is subject to an independent appeal.
Right of appeal
When the offender contests the violation or the amount of the fine, he has the right to appeal the issued AVA or electronic ticket. Here are the main aspects of the right to appeal against a slip / electronic slip under the Road Traffic Act:
Objection to the administrative authority
Citizens have the right to file objections against AVA / electronic ticket to the competent administrative authority of the Ministry of Interior or another competent administrative authority. Objections must be submitted in writing and contain the grounds for appeal. The deadline for filing objections is 7 days from the date of service of AVA / electronic ticket.
Procedure for dealing with objections. Decision of the administrative authority
The administrative authority with which the objections are lodged shall be obliged to examine them and carry out the appropriate checks. After their consideration, the administrative authority shall pronounce in writing by issuing a penal decree or a resolution for termination of the proceedings. In case of objections against an electronic ticket, the administrative authority shall pronounce by canceling the electronic ticket or confirming it. If a penal decree or refusal to annul the electronic ticket has been issued, the offender may continue the appeal to the court.
Appeal to the court
If the administrative authority has issued a penal decree, respectively if the electronic ticket is confirmed, they may be appealed before the relevant district court within 14 days of their receipt. The decision of the respective district court may be appealed to the competent administrative court and its decision will be final and binding.
Voluntary payment of the fine
The offender may choose to pay the fine within the specified time limit specified in the ticket. Payment can be made by bank transfer to the account specified in the fiche.
When paying a fine imposed with an electronic slip within 14 days from the service of the electronic ticket, the offender owes 70 percent of its amount.
An issued ticket, the fine under which has not been paid voluntarily within 7 days from the date of its issuance, respectively an electronic slip that has not been appealed within 14 days from the date of its service, shall be considered an enforceable penal decree and shall be sent for collection to the public executor.
How can a lawyer help in appealing a ticket under the Road Traffic Act
A lawyer practicing administrative law can assist an offender in appealing a slip in several ways:
- Providing detailed legal advice on the legal grounds for appealing the ticket, analysing the facts and circumstances of the case, and assessing whether there are grounds for a successful appeal.
- Preparation of the necessary documentation and drafting an appeal, including the compilation of the appeal, accompanied by the relevant evidence and documents to support the arguments for the appeal.
- Representation of the offender before the competent administrative authority and defending him in the process of reviewing the complaint. This includes the presentation of arguments, legal justification, and protection of the interests of the offender to the authority issuing the decision.
- An attorney can ensure that the rights of the offender are adequately protected and that all procedures and rules relating to the appeal of the slip are complied with.
This article has been prepared for the purposes of general information only and does not constitute legal advice with respect to any particular subject or situation. For specific legal advice you should contact an attorney-at-law. Stoeva, Tchompalov & Znepolski is not responsible for any legal action undertaken on the basis of the information contained herein.