04.10.2023

Dirty, unreadable numbers. Defense strategy under Article 12.2 of the Code of Administrative Offenses of the Russian Federation

A couple of days ago, my friend complained that he was fined for unreadable license plates in the amount of 5,000 rubles due to the fact that his license plate was stained with mud.

However, it should be understood that imposing a large fine in most such cases is an illegal act of the traffic police inspector, since such a fine is applied only for deliberately concealing the number.

But what number can be recognized as unreadable? What penalties are provided for this in 2019? And is it possible to avoid responsibility? We will look at these questions below.

A machine number may be considered unreadable if, due to contamination, it is not possible to clearly identify all letters and numbers. This rule is enshrined in the traffic rules, as well as in the Code of Administrative Offenses, which regulates the rules for imposing a fine for an unreadable license plate.

Unreadability can occur for various reasons - it could be natural contamination of the sign due to bad weather, paint wear, mechanical damage, and so on.

Also, unreadability can occur due to intentional damage to the sign by the driver (this could be covering up the numbers with paint, using cardboard surfaces to hide one or more letters, and so on).

Unreadability is largely a subjective indicator, so the following approach is used to determine the fact of unreadability:

If during daylight hours it is not possible to recognize the rear and front license plates from a distance of 20 meters, then the license plate is considered unreadable.
If in the dark it is not possible to recognize only the rear license plate from a distance of 20 meters, then this license plate is also considered unreadable.
In other words, at night, the inspector can make claims only to the rear number plate, while the legibility of the front number plate is not of serious importance for establishing the fact of a violation.

Basic fines and penalties

If the inspector has recorded the fact that the numbers are unreadable, then the violator will face punishment. In this case, the fact of direct intent is of great importance.

If unreadability arose due to natural causes (bad weather, damage to the license plate, etc.) or due to the driver’s negligence (for example, the driver knew about the scuff, but did not attach serious importance to it), then in this case the offender will be held administratively liable under Article No. 12.2 (part 1) of the Administrative Code.

The penalty is a fine of 500 rubles, but in some cases the driver can get off with a verbal warning.

If unreadability arose as a result of the driver’s intentional actions (covering up the license plates with paint, mechanical deformation, alteration of letters, etc.), then in this case liability arises under Article No. 12.2 (Part 2) of the Code of Administrative Offenses.

The punishment in this case will be quite serious - a fine of 5,000 rubles or deprivation of rights for a period of 1-3 months.

In fact, it is quite rare to be charged under such an article, since in this case the inspector needs to prove the presence of intent on the part of the driver, and this is not always possible to do.

For example, if the license plate is covered in dirt, the driver may claim that the problem was caused by bad weather and not because he wanted to hide the license plate.

But there are cases when it is quite easy to establish the presence of intent. For example, if the driver installed a protective cardboard insert on the license plates, in this case the driver is unlikely to be able to explain the reason for his action, and the inspector will have every right to hold him accountable for intentionally damaging the sign.

However, there is a catch here - they are held accountable for intentionally hiding a license plate number only if the violation was recorded while driving. If, for example, the license plates of a car are hidden, but the vehicle is parked, then attraction is excluded.

How to avoid punishment

If unreadability arose due to natural reasons (for example, bad weather), then there are a large number of ways to avoid punishment.

It should be understood that in this case it is possible to avoid imposing a fine on absolutely legal grounds, since one of the methods of punishment for unreadable numbers is issuing a verbal warning.

To avoid punishment, use the following tactics, which have worked well:

Be sure to carry a bottle of water and an old toothbrush or rag with you so that, if necessary, you can remove dirt from the plates right at the scene.
Periodically check your license plates for dirt and mechanical damage. If the weather is good outside, then you can check the signs once every 150-200 km of driving. If it is raining or snowing outside, then such a check must be performed somewhere every 30-50 kilometers.
If the traffic police inspector still stopped you for bad license plates, then do not swear and do not be insolent to him. Introduce yourself and listen carefully to the inspector. If his words seem reasonable to you, then it’s better not to argue, but offer to clean the room with a toothbrush or rag. In this case, it is very likely that the inspector will limit himself to a verbal warning.
If the traffic police inspector is biased towards you and wants to issue you a fine, provided that the numbers are readable, then in this case it is recommended to take a photograph of the number. It is advisable to take photographs in such a way that the traffic police inspector gets into the frame. Once a fine is issued, contact your local traffic police department and file a complaint. Attach photographs to your complaint as proof of your words. In this case, it is quite possible that the head of the traffic police will cancel the fine.

If the unreadability occurred due to the fact that the driver deliberately hid the license plates, then the situation will be more complicated.

There is no verbal warning for such a violation, so the inspector will most likely fine you. It is not recommended to enter into conflict with a traffic police officer - in this case, the fine can be replaced with deprivation of rights, which is a more serious punishment.

However, there is no need to despair if a fine is imposed - such an offense can be paid with a 50% discount if no more than 20 days have passed since the decision was issued.

Conclusion

Let's summarize. All drivers must ensure that their license plates are clearly legible. If for any reason the sign on the car cannot be clearly identified, the driver may be held liable. The punishment will depend on who is responsible for the illegibility of the number.

If unreadability occurs due to natural reasons or due to the driver’s inattention, the violator will be fined 500 rubles. If the driver deliberately spoiled the number to make identification difficult, the driver will be fined 5,000 rubles or his license will be confiscated for 1-3 months.

Dirty license plates are a common problem on Russian roads. In such situations, traffic police officers do not always interpret the law uniformly, sometimes not in favor of the driver. Whether it was done intentionally or due to ignorance of the law, we do not undertake to assess, but often the punishment is harsher than necessary. Often, drivers themselves provoke the inspector: they cover license plates with various objects, modify numbers and letters, trying to fool the cameras. In this article we will try to figure out “who is right and who is wrong.”

What to do if you are stopped by a traffic police officer for dirty license plates

Do not argue with the traffic police representative.
Explain to the inspector that before the start of the trip, you checked that the car was in good working order; the license plates were clean, clearly legible, but became dirty due to weather conditions (if this is indeed the case).
Eliminate contamination on site - no one limits you from this.

Thus, the inspector will not have good reasons to draw up a protocol on an administrative violation, since your actions will be of insignificant nature. You may be released from administrative liability by limiting yourself to an oral reprimand (Article 2.9 of the Code of Administrative Offenses of the Russian Federation).

An example is a court decision () , where the driver applied for a “dirty license plate.” The court took into account the driver’s arguments about the weather conditions and the actions of the driver, who cleared the license plates of his car immediately after it was stopped by traffic police officers. As a result, he was released from administrative liability.

If the inspector insists on drawing up a protocol

Do not admit guilt if there was no intent in your actions. In the protocol, make a note about the difficult weather conditions that led to the contamination of the registration numbers on your car. Take a photo of the car, be sure to pay attention, and, if possible, record the inspector’s actions in a photo or video when drawing up a report.

The law states that the state registration plate is recognized as unreadable if in the dark from a distance of 20 meters it is impossible to read at least one of the letters or numbers of the rear license plate, and in the daytime at least one of the letters or numbers of the front or rear license plate (note to Article 12.2 of the Code of Administrative Offenses of the Russian Federation). Therefore, if no photo or video filming was carried out on the spot, if there were no witnesses and if the distance was not measured using a measuring device, all of these are good reasons for overturning the traffic police decision in court.

An example of such a court decision is the cancellation of the traffic police decision to hold the driver accountable under Part 1 of Art. 12.2 Code of Administrative Offenses of the Russian Federation (driving a vehicle with unreadable license plates) ().

The court, having examined the case materials, did not find factual evidence of a violation. There was no information in the case about the distance from which the license plates were unreadable, as well as which numbers or letters and what sign were unreadable. The traffic police officers also did not include photographs or videos confirming guilt. Thus, the materials did not contain objective data that indicated the presence of an offense in the driver’s actions.

If the car number is covered by the cargo being transported

For example, you installed a special rack on your car to transport bicycles that cover the rear license plate. Until recently, such actions were often interpreted as “driving a vehicle with state registration plates equipped with the use of devices that prevent their identification or allow them to be modified or hidden” (Part 2 of Article 12.2 of the Code of Administrative Offenses of the Russian Federation). The liability for this violation is serious - a fine of 5 thousand rubles. or deprivation of the right to drive for up to 3 months.

The Supreme Court of the Russian Federation, by its decision, clarified that in such a situation it is correct to apply another norm of the law, namely, to qualify the actions of the driver as a violation of the rules for transporting goods (Part 1 of Article 12.21 of the Code of Administrative Offenses of the Russian Federation). Responsibility for such a violation is a warning or a fine of 500 rubles.

Unreadable numbers - other situations and penalties

Situation	Example in the photo	How to interpret the law
The car has a bicycle rack installed - the license plate number of the car is not visible		Part 1 Art. 12.21 Code of Administrative Offenses of the Russian Federation
The license plate is installed in the standard places with the back side facing outwards		Warning or fine 500 rubles. Part 1 Art. 12.2 Code of Administrative Offenses of the Russian Federation
Dirty or snow-covered license plate		Warning or fine 500 rubles. Part 1 Art. 12.2 Code of Administrative Offenses of the Russian Federation
The license plate number is modified or hidden		Part 2 Art. 12.2 Code of Administrative Offenses of the Russian Federation
The license plate on the car is not in the normal place		Fine 5 thousand rubles. or deprivation of the right to drive a vehicle Part 2 Art. 12.2 Code of Administrative Offenses of the Russian Federation

We examined in detail only those situations that arise due to objective circumstances. We recommend that you comply with the law and not intentionally commit violations.

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A fine for unreadable license plates is a problem that a driver can run into any day. This situation remains relevant throughout the year. After all, rain and snow contribute to the accumulation of dirt, which settles on all parts of the car. To avoid such problems, it is important to know what fines exist for unreadable numbers and how to determine the criteria for contamination.

The license plate must be clearly visible from a distance of 20 meters. This is a key criterion that determines its readability.

There are also minor rules. According to them, a sign may be readable, but it may still be violated.

This applies to the following situations:

A dirty number that can be read due to chiaroscuro when it is already dark outside, but it cannot be recorded with video and photographic equipment.
There is slight dirt on one side. In this case, dirt hides one symbol. Due to the convexity, the sign remains clear. However, a fine is still issued for an unreadable license plate.
During daylight hours, the sign will be considered unreadable if it is impossible to see at least one symbol from a distance of at least 20 meters. This applies to license plates located at both the front and rear.
The same rule applies at night, but applies only to the sign that is located behind.

Important! At night, only the cleanliness of the rear room is taken into account. This indicates that if the front one is dirty, it is not considered a violation. You need to remember this so as not to receive traffic police fines for unreadable license plates.

Penalty for dirty or unreadable license plates

Dirt in itself is not considered a violation. This is just a drawback that can be easily eliminated on site in a couple of minutes.

There is no liability for driving a car with a dirty sign. This is only possible if contamination has made the number unreadable.

For this there is a penalty for drivers:

Verbal warning. The inspector will also require the driver to clean everything up.
Penalty for unreadable numbers. Every year some changes are made to the amount of liability. The fine for dirty license plates in 2017 is 500 rubles.

There are drivers who deliberately put dirt on the sign.

The punishment for an intentional act is expected to be more severe:

Penalties. The fine for unreadable 2017 numbers, stained with intent, is 5,000 rubles.
Deprivation of rights. The maximum period for which a certificate is selected is 3 months.

Some drivers note that in rainy weather or snowfall, the inspector does not have the right to issue a fine for unreadable license plates. The basis for this is that the driver is not at fault. You just need to provide a printed version of the weather forecast for this time from the Phobos website and there will be no punishment.

What to do if you are stopped for having unreadable license plates?

When the inspector stopped your car and explained the reason why he did it, it is recommended to communicate with him not aggressively and not to behave provocatively. Such actions will only lead to harsher punishment. Moreover, you should not threaten the inspector with court.

Ask him whether it was recorded in the photo or video that the car was moving with a registration plate that was completely or partially dirty. Be sure to ask for a recording if available.

Attention! If the inspector refuses to show evidence of contamination or admits that no photography or video was taken, you have the right to calmly clean the license plate.

The traffic police officer will not be able to detain you. He has no evidence of your guilt that he must show in court or in the event of an official hearing of the situation.

Even if your number is dirty, a fine will not be issued without evidence. Consider that you got off with a verbal warning in this situation.

If the inspector has a record of the violation and can show it to you, you will also have to thoroughly clean everything up. But this will not be the only punishment. It will not be possible to avoid responsibility.

When the inspector draws up a protocol, it is not recommended to try to interfere with him. It operates in full compliance with the law. You can only tell him that if there are no significant consequences for the violation, he can only get by with a verbal warning.

Even if you have personal circumstances that forced you to drive a car with an unreadable sign, this will not be grounds for canceling the protocol. It's better to pay. Otherwise, larger punishments and expenses will follow.

Some inspectors try to issue a fine for unreadable license plates if they do not have significant evidence of your guilt. Then you can clean the license plates first. Then take their photo. It would be better if the inspector also gets into the frame.

It would be good if the photo contains markings indicating the date and time of the event. GPS coordinates will be useful. In the protocol you indicate that you did not violate anything, but you do not agree with the punishment. When the case is brought to court, you will have evidence in the form of photographs that there was no violation.

Attention! In some cases, seeing a dirty plate, a traffic police officer tries to issue a fine for its absence or for the fact that the driver deliberately hid the license plates with dirt. In this case, its size is at least 5,000 rubles. A driver's license may be suspended for several months. It is necessary to act calmly in such a situation.

You must not behave aggressively or threaten the inspector. In his presence, begin to thoroughly wipe and clean everything. Ask the traffic police officer to record that the number is present. Be sure to take some pictures yourself. Then the inspector can draw up a report only for an unreadable sign. You will have to pay 500 rubles. There will be no deprivation of rights.

The biggest problem of Russian roads – dirt – has been talked about for a long time and a lot. As a result, dirty signs on cars are not uncommon. But even the newest technology is not always able to identify road or license plates completely splattered with mud and transmit them in photo and video recordings.

But we dare to disappoint those who have already enjoyed the imperfections of the world of technology: certain types of modern so-called “smart” surveillance cameras are able to distinguish and specify the numbers on a license plate of any level of pollution in the dark. This is explained by the relief of the numbers, which, regardless of the background, will be readable in photographs. But we will talk about the traffic police fine for dirty license plates in 2018 below.

Part 1 Article 12.2 of the Code of Administrative Offenses of the Russian Federation

1. Driving a vehicle with unreadable, non-standard or installed state registration plates in violation of the requirements of the state standard, except for the cases provided for in Part 2 of this article, shall entail a warning or the imposition of an administrative fine in the amount of five hundred rubles.

So, if you are stopped on the road for dirty license plates, do not start a quarrel with the inspector. If he has not yet had time to take a photo of the number, it is better to calmly go to this very number and wipe it with what is at hand. After such manipulation, the inspector is no longer obliged to issue a fine and most likely will not. But if after this the employee continues to fill out the protocol, you can act in one of these two ways:

1. Talk to the inspector about Article 2.9 of the Code of Administrative Offenses of the Russian Federation in a calm tone:

1. If the administrative offense committed is of minor significance, the judge, body, official authorized to resolve the case of an administrative offense may release the person who committed the administrative offense from administrative liability and limit himself to an oral remark.

2. Take a photo of your license plate. By the way, it will be a huge plus if the inspector also gets into the frame. Attach photographs to the protocol, and in the explanation indicate the following:

“I was stopped for dirty license plates, I consider the stop and actions of the traffic police inspector (inspector’s full name) to be unlawful, since the state registration plates are readable, which is confirmed by photographs taken immediately after the vehicle was stopped. I ask that the proceedings in the case be terminated due to the absence of an offense.”

It is worth noting once again that the majority of inspectors are people of conscious and adequate behavior. If you don’t start being rude, the inspector will also behave civilly and according to the situation. Remember: the conversation with the employee should be calm, and your arguments should be unshakable. Otherwise, the inspector may, in retaliation for the hysteria, arrange a true test of your knowledge of the Code of Administrative Offenses and accuse you of not having numbers, explaining that they are very dirty.

Part 2 of Article 12.2

Driving a vehicle without state registration plates...

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 one to three months.

The main thing here is not to fall into the trap of provocation - the above part is absolutely not about dirty numbers.

But we forgot to talk about the main thing - after all, dirty license plates on cars are not on the list of violations. In turn, it is important to know that dirty rooms are classified as a drawback that can be eliminated on the spot.

Article 12.2 of the Code of Administrative Offenses of the Russian Federation in no way determines responsibility for “dirty numbers”. But if what is written on the rear license plate (or part of it, for example, a number) cannot be read from a distance of 20m in the dark, the driver is already obliged to bear responsibility under Part 1, Article 12.2 of the Code of Administrative Offenses of the Russian Federation. Under the same article, the driver will be punished if both his license plates (front and rear) are not fully legible during daylight hours.

There are various kinds of statements that a fine for dirty rooms is not imposed during rainfall. Allegedly, it is not the driver’s fault that it is raining or snowing. In their opinion, weather printouts from the Phobos website, attached to the protocol, will solve the whole problem. But let us just remind you that a printout from the site is not evidence in court. There they will require, at a minimum, a response to an official request to the “Phobos” of your choice, which will have to wait a long time. And the answer to the request does not guarantee that you are right.

And finally, we note that if you travel with dirty license plates in the rainy season, this is somehow justified, but in sunny summer weather the inspector is unlikely to believe that it is impossible to put the license plate in order in the spring.

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