Avalehe pilt
Application of the written cautioning procedure
05/30/2015

The law grants the body conducting extra-judicial proceedings the right, in the case of traffic misdemeanours, to impose a cautioning fine to the person responsible for the vehicle. By way of exception, this provision can also be applied to the state, local government and legal persons in public law. The procedure in question is applicable: if the misdemeanour procedure was initiated as a result of information on a violation of traffic requirements, forwarded from a traffic enforcement device, which enables visual identification of the registration plate of the vehicle, as well as the time and place of detection of the violation; if the official who exercised supervision and discovered the act was unable to identify the driver of the vehicle immediately and the violation was recorded on a photograph, film or other data media, which enables visual identification of the registration plate of the vehicle and the time and place of detection of the violation.

A cautioning fine is imposed on the person who was responsible for the vehicle at the moment when the misdemeanour was committed. If the person responsible for the vehicle submits to the body conducting extra-judicial proceedings the details of the person who used the vehicle, the cautioning fine is cancelled and the fine notice is sent to the person who actually used the vehicle. The cautioning fine arising from the application of the written cautioning procedure does not give rise to any consequences under the penal law, because it is not a punishment applicable for an offence, it is not entered in the punishment register, and it may not be relied on when determining repeated offences or when applying any other legal consequences prescribed for offences.