Avalehe pilt
Resolution of contestations
08/02/2015

Resolution of contestations by the body conducting extra-judicial proceedings

If the contestation of the person responsible for the vehicle does not meet the requirements specified in § 545 (2) of the Code of Misdemeanour Procedure (requirements listed in the foregoing section), a regulation will be issued on the decision not to proceed with the contestation and the contestant will be given a term for elimination of inaccuracies.
The contestation will not be reviewed if it does not include the residential address of the person responsible for the vehicle.

The contestation will not be reviewed and will be returned with a regulation if:

  • the contestation was submitted after 30 days from the receipt of the fine notice and an application for restoration of the term has not been submitted or the body conducting extra-judicial proceedings has not restored the term;
  • the contestation was submitted by a person who is not the responsible user of the vehicle;
  • the person who submitted the contestation has not eliminated the inaccuracies in the contestation within the term specified by the body conducting extra-judicial proceedings;
  • the contestation is based on facts that confirm that a competent authority has been notified of a theft, loss or destruction of the vehicle or its registration plate before the time of the act referred to in the fine notice, or there are facts that preclude unlawfulness, but the required confirmation or proof is not submitted.


    If the person responsible for the vehicle submits the contestation together with proof that confirms that a competent authority has been notified of a theft, loss or destruction of the vehicle or its registration plate before the time of the act referred to in the fine notice, or the person submits proof of the facts that preclude unlawfulness, a regulation will be issued on the decision to cancel the fine notice and not to renew the misdemeanour procedure.

    If the person responsible for the vehicle indicates in the contestation the first and last name, date of birth, personal identification code, driving licence number and residential address of the person who used the vehicle at the time indicated in the fine notice, the person responsible for the vehicle is released from the obligation to pay the cautioning fine and the body conducting extra-judicial proceedings will send the fine notice to the person indicated by the person responsible for the vehicle. The procedure of delivery of the new fine notice, payment and contestation of the cautioning fine is identical with the procedure described above.

    If the person indicated by the person responsible for the vehicle, i.e., the addressee of the new fine notice, contests the fine notice, the body conducting extra-judicial proceedings will renew the misdemeanour procedure as expedited procedure or general procedure. Upon determining and imposing a punishment in the renewed procedure, the body conducting the proceedings is no longer bound by the cautionary fine rate indicated in the fine notice.

    The body conducting extra-judicial proceedings will send any copies of regulations issued in the course of the resolution of contestations by regular mail to the residential address of the person indicated in the contestation of the person responsible for the vehicle or to the e-mail address indicated in the contestation.