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Where to report a traffic violation. How and where to complain about a traffic violator and how to attract the driver? Personal application

I offer my example of a message about traffic violations.

I constantly use it in my practice, adapting it to suit a specific situation. The most important thing, in my opinion, is to describe in as much detail as possible the essence of the violation, the circumstances of the violation (place, date and time). Give your qualification of the violation in accordance with the Code of Administrative Offenses of the Russian Federation, because The traffic police officers themselves may be too lazy to do this.

Unfortunately, we have to do the maximum amount of work for the traffic police. But after this it will be more difficult for them to dismiss the statement.

Electronic document

To the boss<название органа>

<звание> <ФИО>.

address,
e-mail

from
Full name1,

address (better PO Box for anonymity)

e-mail,

tel.

MESSAGE

about an administrative offense

May 24, 2012 at approximately 8 hours 52 minutes I witnessed a gross administrative offense in the region traffic. At the indicated time, I was driving along Lenin Street in the city of Berezovsky towards Yekaterinburg. Near the center children's creativity(Lenina, 22) after regulated pedestrian crossing car Suzuki Grand Vitara, state number. N502SK/96, overtook vehicles, which involved crossing a solid marking line 1.1. Less than 1 minute later, in front of the Gazpromneft gas station, I caught up with the intruder’s car, as a result of which I was able to see the intruder’s face. The driver was a middle-aged woman with a slender build and straight-cut bangs. Later, in Yekaterinburg, before the Sakhalinskaya stop, I also found myself next to the offender’s car, which allowed me to better see the driver’s face.

This fact was recorded by me on the DOD video recorder. F 500LHD ( serial number 066329) with Full HD resolution. A fragment of the video recording and photographs of the recorded offense are attached. The video recordings and photographs clearly capture: the event of an administrative offense, the place, date and time of the offense, state. license plate number of the offending vehicle ( N502SK/96), an image of the person driving the vehicle.

Driver of a Suzuki Grand Vitara, state. number. N502SK/96, entered the lane intended for oncoming traffic in violation of the Traffic Rules, created a threat to the safety of other road users, including me. The following traffic rules were violated:

clause 9.7 (if there are markings, movement must be carried out strictly along the marked lanes; it is allowed to drive only onto the broken marking line when changing lanes);

clause 9.9 (vehicle traffic on dividing strips is prohibited);

paragraph 28 of Appendix 2 to the traffic rules (lines 1.1, 1.2.1 and 1.3 are prohibited from crossing).

Thus, in the actions of the driver of the Suzuki Grand Vitara, state. number. N502SK/96, there are signs of an administrative offense under Part 4 of Art. 12.15 Code of Administrative Offenses of the Russian Federation.

In accordance with Part 1 of Art. 26.2, hh. 1.2 tbsp. 26.7 of the Code of Administrative Offenses of the Russian Federation, video recordings made by citizens are recognized as evidence in cases of administrative offenses.

In connection with all of the above, in order to bring to justice for committed offense, ensuring compliance with legislation Russian Federation on road safety, ensuring the rights of citizens to safe conditions movement, guided by Part 3 of Art. 10, part 2 art. 11 Federal Law“On the Police” No. 3 of February 7, 2011, Art. 2, part 2 art. 6, part 4 art. 10 Federal Law No. 59 of 05/02/2006 “On the procedure consideration of appeals citizens of the Russian Federation", paragraphs. f), h), h) clause 11 of the Regulations on the State Traffic Safety Inspectorate of the Ministry of Internal Affairs of the Russian Federation, approved by Decree of the President of the Russian Federation of June 15, 1998 No. 711, on the basis of clause 3 of part 1, part 3 of Art. 28.1, part 4 art. 12.15 Code of Administrative Offenses of the Russian Federation

I ASK YOU:

1. Consider my request in the form electronic document.

2. Initiate a case of an administrative offense under Part 4 of Art. 12.15 Code of Administrative Offenses of the Russian Federation and carry out administrative investigation to identify the person who committed the administrative offense.

3. To forward the case of an administrative offense for consideration on the merits to the Berezovsky Magistrate’s Court.

4. Ensure the non-disclosure of personal information about me (residence address, state registration number car, telephone, family members, etc.).

5. On the merits of my application and on the measures taken, send a reasoned response in the form of an electronic document to email address . Please indicate in your answer. No. message or state license plate number of the offending vehicle to identify the response.

I am familiar with Article 17.9 of the Code of Administrative Offenses of the Russian Federation on liability for knowingly false testimony of a witness.

Application(video and photographic materials indicating the existence of an administrative offense event) :

1. Fragment of video recording (file “Continuous N502SK96.mp 4", available for download on the Internet via the linkhttp://files.mail.ru/9NFVHS until 2012-06-23, format - MP 4, size ~ 10.1 MB, resolution 1920x1080, duration - 10 seconds). To download, you need to follow the link, click on the “Regular download” button (will appear in 10 seconds), and then save the file on your hard drive.

2. Photographs (snapshot files _1.jpg, snapshot_2.jpg, snapshot_3.jpg, snapshot_4.jpg, snapshot_5.jpg, format - jpeg, resolution 1920x1080).

Sincerely, Full Name1 ______________


I am submitting an application to electronic form in MS Word format to the email address of the local police department. They accept it, register it, print it out and transfer it to the State Traffic Safety Inspectorate.

If you manage to photograph the violator’s face, then the probability of deprivation of rights increases sharply and reaches 70%.

An example of a violation described in a statement:


I catch up with the intruder and turn the DVR in his direction:

After this, the traffic police will not be able to disown the statement due to lack of evidence, and the magistrate calmly makes a decision on deprivation of rights:

Case No. 5-321/2012

RESOLUTION

in a case of administrative offense

Berezovsky, Sverdlovsk region

Justice of the Peace judicial section No. 2 Berezovsky Terentyeva M.V., having considered the case of an administrative offense under Art. 12.15 Part 4 of the Code of the Russian Federation on Administrative Offenses in relation to the citizen of the Russian Federation Wu Yu, born<ДАТА2>, natives<АДРЕС>, living at the address:<АДРЕС>, working<ФИО1>", having a dependent<ОБЕЗЛИЧИНО>, who is not disabled, to administrative responsibility previously involved,

INSTALLED:

U.Yu.<ДАТА3>V<НОМЕР>hour. at:<АДРЕС>while driving a car<ФИО2> <НОМЕР>, in violation of road marking requirements 1.1. "Solid Line" Applications<НОМЕР> <ДАТА4>N 1090 “On the rules of the road”, made an overtaking maneuver vehicle, while driving onto the side of the road intended for oncoming traffic.

U.Yu. V court hearing She did not admit guilt in committing an offense; she explained to the court that the video and photo showed her car. This car is driven not only by her, but also by her husband and brother. As time passes, she does not remember who exactly was driving the car.<ДАТА5>V<НОМЕР>hour. Believes that the court was not presented with sufficient evidence confirming that it was she who was driving at the specified time.

After hearing the explanations of U.Yu., the witness, and examining the case materials, the magistrate comes to the following conclusion:

In accordance with clause 1.1. Applications<НОМЕР>Resolutions of the Council of Ministers - Government of the Russian Federation dated<ДАТА4>N 1090 “On Traffic Rules” road markings “Solid line” - separates traffic flows in opposite directions and marks the boundaries of traffic lanes in dangerous places on the roads; indicates the boundaries of the roadway into which entry is prohibited.

Vina U.Yu. in leaving the side of the road intended for oncoming traffic, if this is prohibited by the Traffic Rules, despite its denial, is confirmed by evidence examined at the court hearing:

Protocol on administrative offense<НОМЕР>from<ДАТА6>, in which U.Yu. personally signed;

A diagram of traffic violations compiled by the IDPS of the State Traffic Safety Inspectorate of the OMVD for the city.<АДРЕС> <ФИО3>, according to which U.Yu.<ДАТА3>V<НОМЕР>hour. at:<АДРЕС>while driving a car<ФИО2>, state registration plate<НОМЕР>, in violation of road marking requirements 1.1. The “solid line” drove onto the side of the road intended for oncoming traffic. U.Yu. I am familiar with the diagram.

Report of the senior inspector of the traffic police department of the traffic police department of the Ministry of Internal Affairs of Russia for the city.<АДРЕС> <ФИО4>

Traffic management diagram;

Photo table, video recording;

Reporting an administrative offense<ФИО5>;

Testimony of the person interrogated at the court hearing as a witness<ФИО5>, who testified to the court that he was in a car, moving along<АДРЕС>. His car has a video recorder. In the area of ​​the pedestrian crossing about<АДРЕС>, he saw a car<ФИО2>, crossed solid line markings, drove into oncoming traffic, overtook several vehicles, and then returned to his lane. Without losing sight of the specified car, after no more than 1 minute, he caught up with it and turned the video recorder towards the driver. Car driver<ФИО2>there was a woman, a man was sitting next to her as a passenger. It was U.Yu. is the woman who drove the car<ФИО2>. Automobile<ФИО2>from the moment he made an overtaking maneuver in violation of the marking requirements until the moment he caught up with him, he did not stop.

There is no reason not to trust the evidence available in the case, since it was obtained in accordance with the requirements of the law, is consistent, and agreed with each other. The court has not established any grounds for declaring this evidence inadmissible, and, accordingly, for excluding this evidence. Grounds for the slander U.Yu. not established by the court.

The magistrate is critical of U.Yu.’s explanations, regarding them as a chosen way of protecting his interests. The court finds that the explanations of U.Yu. were refuted by the evidence examined at the trial and the evidence cited above.

Arguments of U.Yu. The court cannot consider the fact that the court was not presented with sufficient evidence confirming that it was she who was driving the car to be justified.

The magistrate does not see any grounds for reclassifying U.Yu.’s actions or terminating the proceedings.

Having examined the evidence collected in the case in its entirety, the magistrate qualifies the actions of U.Yu. according to Part 4 of Art. 12.15 of the Code of the Russian Federation on Administrative Offenses, as driving to the side of the road intended for oncoming traffic, in cases where this is prohibited by the Traffic Rules.

When imposing a punishment, the court takes into account the circumstances of the case, the nature of the offense, information about the personality of U.Yu., who has a place of work that requires driver's license, is characterized positively at the place of work, has a dependent<ОБЕЗЛИЧИНО>. The court recognizes these circumstances as mitigating the administrative liability of U.Yu. in accordance with Art. 4.2 of the Code of the Russian Federation on Administrative Offences.

A circumstance aggravating the administrative liability of U.Yu. is, in accordance with Art. 4.3 part 1 clause 2 of the Code of the Russian Federation on Administrative Offences, repeated commission of a homogeneous administrative offense, since, according to the alphabetical card, within a year before the commission of this offense she was held accountable for violating traffic rules.

Based on the above, guided by Article 29.9 Part 1, 29.10 of the Code of the Russian Federation on Administrative Offenses, the magistrate,

DECIDED:

Find U Yu guilty of committing an administrative offense under Art. 12.15 part 4 of the Code of the Russian Federation on Administrative Offenses, and sentence her to deprivation of the right to drive vehicles for a period of 4 (four) months.

The decision can be appealed within ten days from the date of receipt of a copy of the decision in<АДРЕС>city ​​court with the filing of a complaint through the magistrate who issued the decision.

The period for submitting a decision for forced execution is 2 years.

Magistrate M. V. Terentyeva



True, sometimes you have to go to court to give evidence. But order on the roads is worth it.

This is the technology in a nutshell.
Thanks everyone. I look forward to your comments on how to improve the application.

Every day drivers go out on the roads and encounter traffic violations. Basically, the majority of citizens simply do not pay attention to violations, and this should under no circumstances be done. You must immediately contact the traffic police.

To prove traffic violations, you can use photo and video equipment, the main thing is that the state registration plates (numbers) of the car are included in the frame. The violation itself must be recorded - driving onto the sidewalk, etc. It is very important that the video or photo shows the time and place of the violation. If your phone or camera does not have such a function, you can write down this data by hand.

In most cases, when the violation is recorded on a video recorder, it is impossible to collect supporting evidence. Before contacting the traffic police, you need to review the video or photo again to see if all the evidence has been removed.

There are two ways to submit your application: by registered mail or electronically.

The document must indicate the date, time, location of the violation, all information about the offender’s vehicle, traffic rules point which was violated, as well as the article that provides for punishment.

If the application is submitted by hand, you must add printed photographs to it or write everything down on disk. Then submit it to the traffic police department in the area in which the violation was committed.

An application for a violator can be submitted anonymously through the official website of the traffic police.

in the world modern technologies The easiest way is to use the Internet, you just need to find the official website of the traffic police. By clicking the “Proceed to filling out the application form” button, then selecting the region where the offense occurred, you must select “Application” in the “Purpose of referral” field.

In order for everything to be sent successfully, you must enter the most reliable data. To receive a response, it is best to select “In electronic form,” since the written form indicates the applicant’s place of residence, which will subsequently become known to the offender. It is advisable to indicate a telephone number so that the traffic police can quickly contact the applicant if necessary.

You can also use the State Services portal, but this will require registration.

On the effectiveness of complaints

The history of public complaints against traffic violators in Russia goes back more than ten years and has even grown into forms civil movement. The most famous in this direction is the “Blue Bucket Society” - an informal association of Russian bloggers, whose initial goal was to fight against the use of “flashing lights” in the cars of officials and other VIPs.

Armed with video recorders, active participants in this movement began to record all traffic violations committed by cars with installed special signals, not related to operational services. Then they transferred this data to the traffic police with a complaint about illegal actions and a demand to bring the violators to administrative responsibility, or posted the records on the Internet.

Over time, the activists’ scope of action included the fight against traffic violators with “thieves” license plates, as well as aggressive drivers on the roads. Active actions of participants in the social movement, mass actions carried out by them regarding resonant court decisions, led to positive results.

Methods for filing a complaint at the police station

You can submit your claim in three ways:

  • Submitting a complaint by registered mail.
  • Submitting an application in person when visiting the traffic police department.
  • Submission of the petition online in electronic form via the Internet.

The first two methods will require you to submit an application to in writing. You must also attach photo and video materials with traffic violations.

Evidence can be recorded on a disk or flash drive or printed on paper. Electronic media cannot be returned.

Before submitting photos and videos to the traffic police, you need to make sure that they display the following information:

  • At the time the offense is committed, the registration plates of the vehicle are clearly identifiable.
  • There is a violation of traffic rules. For example, if the culprit drove through a red light or a prohibited sign, then the car and the traffic light itself should be in the frame.
  • Recording the place and time of the violation. Modern video recorders with navigation modules can automatically record the location coordinates and recording time.

The application must contain the following information:

  • date, time and place where the offense was committed;
  • content of the violation and testimony of witnesses (if any);
  • detailed information about the vehicle that committed the traffic violation (registration number, model and make);
  • your contact details and witnesses (if any);
  • article of the Code of Administrative Offenses, which provides for penalties for this violation.

A completed application with a complaint and evidence must be submitted to territorial office inspection service serving the area in which the violation was recorded.

Having received a justified complaint about illegal actions, the traffic police inspector should initiate a case against administrative violation by registering the application.

Knowing how to report an offense can significantly speed up the process of prosecuting the case and bring the perpetrator to justice.

It is much more convenient to present information online, which will require:

Go to the official website of the traffic police.

At the bottom of the main page of this web resource there is a green button, by clicking on which you can fill out an application to traffic police officers.

Having indicated the region and area where this violation was recorded, you need to fill in the required items marked with an asterisk, including: first name, last name, patronymic, contact phone number and email address.

After entering the above data, stating the recorded violation and uploading photographs confirming this fact, it remains to choose the most preferable method in which a response notification will be received. The procedure for sending a complaint is completed by pressing the “Submit” button.

Today it is not possible to file a complaint anonymously, and in the best case, traffic police officers will fine the violator without disturbing the person who compiled the text of the complaint. The latter may be summoned to the traffic police department to give additional testimony.

Alas, but all violators Traffic rules inspectors and you can’t catch it with cameras. But their antics and unworthy behavior on the road are seen by respectable motorists, who can report violations to the traffic police. But, according to driving instructors, the effectiveness of such indications is low.

Active citizens

The authorities have long been calling on citizens to take an active position. Drivers and pedestrians should not ignore various gross traffic violations, but immediately report this to the traffic police. Today this can be done remotely, that is, using the Internet. As we were told driving instructors, the fact of violation is simply recorded on video cameras of mobile phones, cameras, car video recorders, and then sent to the appropriate section of the traffic police website.

In the capital, this practice has existed for many months. Bloggers are considered especially active, for example, in the fight against “flashing lights.”

Video selection of traffic violations recorded on a DVR:

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Careful and safe driving!

The article uses an image from the site www.34.ru

The safety on the road of each of the drivers, passengers and pedestrians directly depends on us. That is why there are ways and motives to complain about violators to the State Traffic Inspectorate. Tightly weaving into this the issue of morality and “concepts”, we offer instructions, application forms and the subtleties of the question of how and where to complain about traffic violators to the traffic police online, as well as what the pitfalls of such an opportunity are.

What is the procedure for filing a complaint?

There are 2 main legal act, which regulate and regulate the procedure and nuances of filing a complaint about a violation of the Traffic Rules:

  • Federal Law No. 59 “On the procedure for considering appeals”,
  • Order No. 707 with instructions for considering citizens’ appeals to the structures of the Ministry of Internal Affairs.

We will rely on them for the postulates and subtleties of filing a complaint with the traffic police, as amended for 2019. And the first subtlety is that the process of filing a complaint is essentially correctly called an “application”, and not really a complaint, but last term it is correct to call an appeal against a decision.

Where to complain?

Obviously, only at the traffic police. It is this structure that is responsible for traffic violations, and only employees of the Ministry of Internal Affairs can attract a violator and issue him a fine or even deprive him of his license or arrest him in a number of rare cases.

There are 2 main and only directions in this matter:

  1. complaint about traffic violations online on the official website of the traffic police,
  2. complaint by direct (paper) application submitted to the nearest traffic police department.

Let's first consider the online application procedure.

Photo or video?

You definitely need one of these. A simple report of a traffic violation, even indicating all identifying data (license plate numbers, or even passport details) and the presence of witnesses to the violation, most likely will not entail punishment for insufficiency evidence base. The only option here is the confession of the violator himself, which is very unlikely.

Recruitment by photo

Taking photographs is not always conclusive evidence of violation and may work 50/50. So, based on the photo, it will definitely not be possible to attract the driver for some non-compliance with the Rules, the most common of which is, for example, violation of parking and parking. The driver involved will simply state that he was moving at that moment, although, most likely, he will not even go so far as to question the driver.

Recruitment by video

Video recording of almost any violation can more likely lead to the prosecution of the violator.

But in both cases, the license plate number of the car must be clearly visible and it is highly desirable that the face of the driver (or passenger, if you are complaining about him) is visible for identification.

It is impossible to attract the owner of a car just based on a photo or video of a violation, because a complaint from a citizen with an active position is not a basis for this. You should not confuse your application for a violation and non-compliance with traffic rules caught on a self-recording camera. The difference is that according to the law, a violator can be prosecuted only in case of auto-fixation (Note to Article 1.5 of the Administrative Code - presumption of innocence).

It works like this: even if the owner of the car is called to the traffic police to testify regarding your complaint, and even if he appears on a subpoena or a call from the traffic police, he can declare that either he was not driving at all, or testify against himself or his loved ones he does not want relatives, according to the article of the Constitution of the Russian Federation. Thus, they will not be able to subject him to a fine or other punishment.

But it is much easier to attract, for example, a driver of a regular shuttle bus, especially in Moscow and major cities, because you will definitely indicate the date and time of the deviation from the traffic rules in the application attached with the video, and the traffic police will most likely provide information about the driver who was driving the bus at that time. The same applies to many situations where drivers of legal entities are brought to justice for violations.

Is it possible to complain anonymously?

Yes and no. IN in this case it all depends on what is meant by anonymity and what goal is pursued, as well as on the further course of the matter:

  • in fact, when making an online complaint about a traffic violation, you are required to fill in only your full name and email address, and if your goal is for the violator not to find you, then you achieve it;
  • but during further consideration of the case, you may be called as an applicant to testify (even in the presence of the offender), which most often happens; or ask by phone to give testimony (rarely, more often they call in person), where without personal data you will not be able to give such testimony, and without it the case will be stopped and no one will be held accountable.

If your data is included in the case, then the person facing a fine or any other type of punishment will be able to easily obtain it. Based on Part 1 of Article 25.1 of the Administrative Code, such a person has the right to familiarize himself with all the materials of the case, and the traffic police will not be able to refuse to provide him with your data.

Is it possible to attract a pedestrian using a photo or video?

Almost none. A pedestrian is a road user who cannot be identified in any way unless he is caught in the act. And only a representative of the authorities should catch him. Any of your attempts to identify him (take him by the hand and forcibly take him to the police, demand to provide a passport) will be met with the illegality of such actions.

How to punish a violator online? Instructions

So, for this we need a single tool, but the evidence base for using this tool must be strong enough. We will discuss the nuances of such evidence below.

1. Go to the official website of the State Traffic Safety Inspectorate in the section for receiving citizens’ appeals and carefully read the specifics of filing a complaint (we will briefly describe them here).


Go to the service for filing a complaint with the traffic police from the main page of the full (computer) version of the site


If you are with mobile phone, then from the main page click on “Menu” (1), then “Services” (2), “Reception of requests” (3), and a page will open in front of you, as in the 4th part of the screenshot above.

After reading the instructions, go down the page, check the box that you agree to the terms and conditions and click on “Submit an appeal.”

2. In order to complain about a violation of the Rules by another driver or other person, you will need to enter your data (it will not work anonymously):

  • email address.

If you want to receive an official response to your complaint by paper letter, then, of course, you must fill out your postal information. In general, the more information (about yourself and the essence of the traffic violation) you fill out, the greater the chances of attracting a violator, and this does not always work out, because there are too many subtleties in procedural issues.

Select your region, traffic police department (if you don’t know which one to choose, select any - the application will be forwarded to the correct one), enter your data, it is advisable to also enter a telephone number. Next, we will separately consider the text of the appeal.

3. In the text of the appeal, indicate the essence of the violation that you are complaining about. A sample text should be something like this (adjust to suit your situation):

While participating in the process of traffic, I was recorded a violation by a vehicle/passenger of a vehicle [Make and model, if known] with a state registration plate [such and such with letters, numbers and region] at the address: [such and such].

The circumstances of the violation are as follows: [indicate the essence of the violation].

Thus, it seems to me possible violation Rules of the road for the driver/passenger of a vehicle, paragraph [point number] of the traffic rules.

Based on the above, I ask you to establish the details of the driver/passenger of the vehicle and bring him or her to justice in accordance with current legislation.

In the attached files I attach evidence of violation of the Rules.

How to submit a written complaint?

Here, the procedure for forming such a complaint is no different from the method of filing it online through the traffic police website. You just need to write the essence of the complaint on paper, indicate your personal data and take the letter to the traffic police department.

An important nuance when submitting a written application is that the video and/or photo must be copied to a flash drive or disk, while keeping the original. Also, nothing prohibits uploading a video to any server (Youtube, for example) and providing a link to it in a complaint about traffic violations. The page with the video itself, at the same time, can be closed from access to unauthorized users by enabling access only via a link.

What's next?

How will events develop next? Most likely, you will be called to testify at the territorial division of the traffic police at the place where the violation was committed, or you will be refused on the basis of insufficient data (if the license plates are not visible, the driver cannot be identified, the presence of the violation event itself is ambiguous).

If the testimony is correct and there is evidence that the driver has violated traffic rules, he must be held accountable.

There are also cases when an offense is obvious, but the driver cannot be prosecuted. The point here is that not all violations of the Rules have penalties. For example:

  • According to the traffic rules, dangerous driving is prohibited, but there is no fine for this Administrative Code,
  • You filmed a car overtaking you at great speed (from the video it is immediately clear that the speed is very high) or a heavily tinted car - here too there will be no fine, since these are violations of the Rules that can only be prosecuted based on measurements recorded by special means of measurement; in our case, the speed and percentage of light transmittance, respectively,
  • The driver does not wear a reflective vest at night - there is also no fine for this in the Code of Administrative Offences.

Complaint consideration period

According to Article 12 of the Federal Law on the procedure for considering applications, the period for consideration of any application by the traffic police is 30 days. But this period can be extended by the same amount in exceptional cases. To extend this period there must be compelling reasons (deadlines for obtaining data for consideration of the case).

It should also be taken into account that there is still time for the application to be accepted. It is 3 days. Thus, maximum term Consideration of a complaint about violation of traffic rules by another driver is 63 days.

Can I complain through the app?

No. As of today, December 30, 2019, there is no official application for sending complaints and more quickly considering such complaints.

The only scheme by which currently existing programs work is by sending applications to the traffic police in the same way that we described above, but automatically. That is, the main factors in the form of interrogation of the applicant, failure to identify the traffic violator, and most importantly, the timing of consideration of such complaints do not change in any way.