Public administration


      

How long do I have to pay the fine?

Subject to the decision becoming final, it is possible to pay the fine without delay within 53 days of receipt of the decision imposing the fine.

 

Is it possible to cancel the fine from fairness or to reduce the amount?

The current legal environment does not allow for either.

 
Can a installment or deferred payment be requested?

Yes, in writing, within the payment deadline (within 53 calendar days from the receipt of the decision), free of charge, a installment payment can be requested with a short justification, or postponement of the payment deadline of the fine.

 
What is the amount of the installment / deferral?

The authority may authorize a 3-month installment payment of up to HUF 50,000 and a 6-month installment payment above that amount, or a deferral of payment of this amount.

 

Is it possible to pay the fine by bank transfer?

Yes.
The administrative fine can also be paid by transfer to the account number found on the check attached to the decision.
By payment to the account of the National Police Headquarters ORFK 10032000-01040061-00000000 kept at the Hungarian State Treasury,
or outside the territory of Hungary:
IBAN: HU72100320000104006100000000
SWIFT / BIC code: HUSTHUHB
(Correspondent bank: Magyar Nemzeti Bank
SWIFT / BIC code: MANEHUHB)
account number.
In case of a reference, please indicate the case number, the name of the client and the registration number in the field of the communication in order to be identifiable.

 

I lost the check, how can I pay the fine?

The administrative fine can also be paid by bank transfer. (Account number: 10032000-01040061-00000000)
In case of a reference, please indicate the case number, the name of the client and the registration number in the field of the notification in order to be identifiable!

 
How long does it take for the authority to see my payment?

Given that, under the relevant legislation, the payment is deemed to have been made when it is credited to the beneficiary, the timing of the passage of the amount is therefore an important consideration. From this point of view, the fastest payment is the original cash transfer order attached to the decision imposing the fine, given that it is assigned to the case after the payment. In terms of traversal, the identification of references is slower, especially if incomplete or incorrect data have been entered in the notification box. (Therefore, please pay special attention to the accuracy of the data provided!) Overall, it can be stated that the authority will identify the payments within 2-5 working days.

 
Does the application have a suspensive effect on the payment?

An application filed pending the commencement of enforcement proceedings shall have suspensory effect. Until the customer receives a response, he has no obligation to pay. An exception to this is the submission of an application with the same content as the application previously considered in the proceedings.

 

How long can I submit my submission?

A contract of sale certifying the sale of a vehicle may be submitted at any stage of the procedure. The client or his / her representative may use the motion for proof or excuse free of charge until the 8th day from the receipt of the decision. You can appeal until the decision becomes final (8 + 15 calendar days). An application for payment facilitation can be submitted until the payment deadline (8 + 15 + 30 = 53 calendar days). If you submit your application after the deadline, you will also need to submit a request for a certificate, ie your application must address the circumstances justifying the late submission.

 

How can I be exempted from the fine?

Exemption from the administrative fine is possible only in the cases specified in Act I of 1988 on Road Transport (Kkt.). It may be exempted from the payment of an administrative fine in accordance with the provisions of § 21 / A of the Public Procurement Act,
˗ if the vehicle has been unlawfully removed from its possession before the date of the offense and proves that it has initiated proceedings against the appropriate authority in connection with the unlawfulness prior to the service of the decision imposing the fine, or
˗ the vehicle has been made available for use by another natural or non-natural person prior to the offense and is certified by a private document of full probative value, or
˗ in the case of motor vehicles which may participate in road traffic on the basis of a separate legal act with a ticket or waybill, certify it with a waybill or waybill.

By the time I committed the offense, I had already sold the car, yet I received the fine. Why is this and what should I do?

The new owner of the vehicle allegedly failed to comply with his obligation to notify a change of ownership. In this case, all you have to do is send a legible copy of the sales contract to our authority. You will then receive written notice of immunity from the authority.

 

Where should I send my submission, comment?

Always send it to the sender from whom you received the letter. We recommend that you mail your letter by registered mail and keep a proof of delivery.
Act CCXXII of 2015 on the general rules of electronic administration and trust services. Pursuant to Section 9 (1) (a) (aa) of Act No. .
The natural person client is not obliged to file the application electronically, however, he can choose the electronic contact method.
The forms related to the procedure are available at the following link:


https://ugyintezes.police.hu/objektiv-felelosseggel-kapcsolatos-kozigazgatasi-hatosagi-ugyek

 

Can I send my submission, comments or request by e-mail?

The submission, remark, application must be signed by the client, stating that the legal declaration in the document was made by him. Given that the e-mail does not contain a signature, these submissions cannot be accepted by the authority as a substantive legal statement. In such cases, the person who submitted it shall be required by the authority to prove his right of representation.

 
Can my family member or acquaintance write the submission, remark, application instead of me?

During the administrative authority procedure, the client is normally entitled to act. The client may be replaced by his legal representative or a person authorized by him or his legal representative, and the client and his representative may act together. The power of attorney must be recorded in an authentic instrument or in a private instrument of full probative value. If the client has not submitted a statement in the proceedings, the authority shall, in the case of a natural person, invite the submitter of the statement, if he does not attach the power of attorney, to prove his right of representation by specifying an eight-day time limit. If this is not complied with, the procedure will be rejected, and the client will be summoned to a personal procedure, or a representative suitable for representation will be provided.

 
How much fee do I attach to my application?

Submissions submitted within 8 days of receipt of the decision are free of charge, as is the installment and the request for deferral. The fee for the appeal depends on the amount of the fine (HUF 400 for every HUF 10,000 of the fine, but a minimum of HUF 5,000) the exact amount is stated in the decision.

 
Where can I buy a tax stamp and where do I stick it?

A stamp can be purchased at any post office. The fee stamp must be affixed to the application.

 
Is there an interest on the amount of the fine?


No.

 
What happens if I don't pay the fine?

The amount of the fine is recovered through the state tax authority. When the enforcement is initiated, the vehicle will also be withdrawn from the market at the competent documentation office.

 
Which document office is entitled to withdraw a vehicle used for committing an offense?

The document office competent according to the customer's address / registered office is competent to withdraw the vehicle used for committing the offense.

 
When does the fine expire?

The unpaid administrative fine shall lapse 4 years 6 months after the start of enforcement.

 
Can the payment of a fine be triggered by public works or foreclosure?

No.

 
Is it possible to pay in installments after the enforcement procedure has been initiated?

The first-degree authority has no. Following the commencement of the enforcement proceedings, the state tax authority shall, in accordance with Act CLIII of 2017 on the enforcement procedures to be carried out by the tax authority in the enforcement proceedings carried out by it, on the basis of your application for a payment discount pursuant to Section 109 (1) and Section 129 (1) of Act CL. Act (hereinafter: Art.) - may grant a payment discount, decide on the reduction or waiver of the debt on the basis of § 201 of Art.

 
How can I pay the fine after enforcement has started?

Even after enforcement has been initiated, it is possible to pay the fine by using the check annexed to the basic decision or by bank transfer. It is also possible to pay the fine to the enforcement tax authority.

 
When can I put my vehicle back on the traffic?

It is only possible after the fine has been paid / recovered if the amount of the fine has been credited to the authority's account number. Termination of the withdrawal shall be initiated by the operator at the competent documentation office.

 
How much does it cost to put a vehicle back on the traffic?

After paying the administrative fine, the vehicle can be put back on the traffic free of charge.

 
How does the document office become aware that the administrative fine has been paid?

The document office is informed of the fact of the payment ex officio on a dedicated Internet interface.

 
Can a vehicle be sold if the document office has withdrawn it from circulation due to non-payment of an administrative fine?

Yes.

 

Can a fine be inherited?

Basically, the fine imposed is not inherited. However, an administrative fine imposed for an offense committed after the death of the operator shall be borne by the person inheriting the vehicle.

 
I received an administrative fine, will my driver's license be lost as well?

An administrative fine does not normally involve the imposition of a road traffic precautionary point (so-called penalty point), nor does it involve the withdrawal of a driving license. However, if the person using the vehicle becomes known during the procedure, the authority shall comply with the provisions of Act CXXVIII of 2000 on the Road Traffic Advance Points System. Pursuant to Section 4 (1) (d) of the Act, it also establishes 1-8 road traffic history points in addition to the fine, depending on the violation of the rules. (The extent of the penalty point that can be assigned to each violation is contained in Government Decree 236/2000 (XII. 23.).)

 
Where can I inquire about the number of my road traffic history points?

The number of road traffic history points in the register can be inquired at the Department of Transport Administration and Registration (Register) of the Deputy State Secretariat for Registers of the Ministry of the Interior. Information can be requested in writing once a year free of charge. When 13 traffic history points are accumulated, the Registry sends a notification to the customer, while when 18 traffic history points are collected, the driving license is automatically withdrawn. The traffic history point expires 3 years after its imposition.

 
Why is it that, although I submitted a petition, when I entered the case on the website https://ugyintezes.police.hu, I do not see that the calculation of the deadline would have stopped?

The information on the website is for information purposes only and does not necessarily follow the submissions.

 

When and where is it possible to attend a personal reception?

At the headquarters of the authority, it is possible to attend a reception in person on Tuesdays from 8:00 to 12:00, and on Thursdays from 13:30 to 15:30. In addition, it is possible to view the documents at a pre-arranged time at the police station competent according to the client's address or registered office.

If you wish to exercise your right of access to the file, you can indicate this request by calling + 36-94 / 515-230 (Szombathely) and + 36-45 / 526-000 (Vásárosnamény).

The resolution was not mailed to my current address. Why did this happen?

The authority shall send the documents related to the imposition of the administrative fine to the customer's registered address of the motor vehicle. Act LXXXIV of 1999 on the Road Traffic Register. Section 33 (1) (a) of the Act stipulates that the owner (operator) of the vehicle may change the data of the natural identity and address, the name of the legal person and the organization without legal personality, the address of the registered office (site) and the company registration number. must notify within 15 days of the occurrence of the circumstance giving rise to the change of the data entered in the register.

 
In the course of the proceedings, I was ordered to repay a fee. Which organ do I get back from?

Act XCIII of 1990 on Fees. In accordance with the law, the fee unnecessarily charged, as well as all fees paid in the appeal procedure, shall be refunded to the customer if the administrative authority's decision or measure reviewed by the administrative authority or the court has proved to be unlawful in part or in full to the customer's detriment. The refund must be ordered ex officio in a decision made during the appeal procedure and must be sent to the state tax authority competent according to the customer's place of residence, registered office or the seat of the court in order to effect the refund.

On the basis of all this, you can request a refund of the fee to the client - based on the relevant provision of the authority - from the department of the National Tax and Customs Office competent according to the address / registered office.

 
How is it possible that I was not driving at the address indicated in the resolution, but at a distance of 150-200 meters from it?

The address given in the decision at first instance, indicating the place of the offense, always indicates the place where the speedometer was installed. If distance (meters) is indicated on the image recording, it means how far the vehicle has traveled from the place of installation of the measuring device at the moment of recording.

 
Why do I only see one picture of the violation?

There are speedometers for which a single still image is sufficient to prove a violation. These devices are also certified and meet the relevant regulations.

 
I bought an onboard device to pay the toll, however, I forgot to register the device, but the error was not indicated during the use of the onboard device, can I expect an administrative fine?

The on-board device must be registered on the website www.hu-go.hu before the first use, this means the assignment to the appropriate vehicle. If you start using the device without registration, your declaration will fail because the data sent by the device will not be entered into the system, the toll will not be deducted from the top-up account balance, which may result in an administrative fine.

 
After receiving the decision to impose an administrative fine, I noticed that the ticket I purchased had the M emblem of Malta next to the registration number of my lorry, is the fine justified?

When buying a route ticket, it is important to enter the correct license plate and insignia, because the discrepancy between the insignia and license plate (even if a character is left behind, they accidentally “hit” a character or swap 2 characters in the license plate) will result in a fine. In the case of an ad hoc ticket, there is no possibility of subsequent correction after payment.

 
I have calculated that I have to pay less tolls for the route I actually use than is indicated on the ticket, so I do not consider the administrative fine imposed to be justified.

According to the relevant legal regulations, when using a ticket, it is not possible to deviate from the route indicated on the document, even if you want to deviate to a route with a lower fare category.

 
I paid for the route ticket, followed the route on it, but was diverted from this route due to an accident. I returned to the route given on the ticket in the first possible place, can I expect to be fined?

If you have to deviate from the pre-planned route in case of diversions due to road renovation or an accident, you do not have to pay any additional toll on the designated diversion road. However, the toll exemption only applies to sections designated as diversion routes. If you deviate from this and use other toll sections, or if you do not return to the original route on the original ticket on the first possible occasion, it will result in unauthorized use of the road.

 

The transport organizer bought the ticket after the departure of the vehicle, so the toll was paid in full for the entire route - from the starting point to the destination - so I do not agree with the imposition of an administrative fine.

Act LXVII of 2013 on the toll to be paid for the use of motorways, expressways and main roads. shall be deemed to be unauthorized road use pursuant to Section 14 a) of the Act if and toll payment.
Based on all this, a route ticket redeemed after the date of the violation does not retroactively create a right to use the road.

 

I am a sole proprietor engaged in grain growing, we started harvesting the crop on a Sunday, July 11, 2021, the following Monday I asked for a certificate from the clerk, yet I was fined, what could be the reason?

It is not possible to request an official certificate for exchanging a free ticket in retrospect. By law, for the period from 1 July to 30 November of a given year, it can only be requested from the notary of the municipality of residence / domicile before the road is used. On the basis of the application, the notary issues an official certificate valid for a maximum of 30 days for the road section subject to tolls (excluding motorways) between the applicant's place of residence / registered office and the farmland or site in use. issue a ticket exempting the payment of tolls for the period specified in the official certificate.

 

Administration


 

What should be included in an appropriate user statement? What are the formal and substantive requirements for a rescue application and the conditions for filing it?

An application for relief may be submitted by the client or his / her representative until the final decision of the court of first instance becomes final. An application for an exemption is a user declaration, a contract for the transfer of ownership, a loan agreement or a lease. These documents may be in written or printed form, but must in all cases comply with the requirements of a private document of full probative value required by law.

a. KKt. § 21 / A. (4). the declaration, journey form or consignment note shall contain:
the. the official marking of the vehicle,
b. the name, place of birth, date of birth, address of the person who maintains and uses the natural person, and in the case of the operator and user of a non-natural person, the name and address of the registered office, and
c. an indication of the period for which the use of the vehicle has been taken over by the user from the operator.

 

When can a document (declaration, contract of sale, loan contract) be considered a private document with full probative value?

CXXX of 2016 on the Code of Civil Procedure. Pursuant to Section 325 (1) of the Act, a private document has full probative value if
a) the issuer has written and signed the document himself,
b) two witnesses certify that the signatory of the instrument signed the instrument in whole or in part which he or she did not sign or acknowledged his or her signature as his or her own signature; as a certificate, the document shall be signed by both witnesses, and the name of the witnesses and, unless otherwise provided by law, their place of residence or, failing that, their place of residence shall be legibly indicated on the document,
c) the signature or signature of the signatory of the document is certified by the judge or notary,
d) the instrument is duly signed by the person authorized to represent the legal person in accordance with the rules applicable to it,
e) a lawyer or legal counsel shall certify, by duly countersigning the document drawn up by him, that the signatory of the document has signed the document written by him before him or has recognized his signature as his own signature;
f) the signatory has affixed a high-security electronic signature or stamp based on the qualified or qualified certificate to the electronic document and, where required by law, a time stamp
g) the electronic document is authenticated by the signatory with a document authentication service traced back to the identification specified in the Government Decree, or
h) was established in the framework of a service specified in a law or government decree or a certified trust service used in a closed system, where the service provider assigns the document to the issuer through identification of the issuer and the order is clearly traceable authentically certified on the basis of in addition, the service provider shall include the certificate of assignment to a clear person in an inseparable clause attached to the electronic document and shall provide it with the document with at least an enhanced security electronic stamp and a qualified time stamp based on a qualified certificate.

 

By what deadline can the customer request a payment discount (installment payment, deferral)?

The customer can request a payment discount within the payment deadline, which is not subject to fees. Deadline for payment: 30 days after the decision becomes final. The decision becomes final on the 23rd day after service if the customer does not have recourse.

 
Is it possible to reduce the administrative fine, release it, convert it to public work?

The amount of the violation is determined by law, there is no possibility to reduce or release it, it cannot be changed for public works or foreclosure.

 

Who is entitled to act in an administrative matter?

The client against whom the administrative procedure has been initiated is legal or authorized representative and, in the case of a non-natural client, the authorized person in the register of companies, legal adviser, or the authorized representative of the non-natural person himself.

In the event that the client does not act in person, the authority of the person acting as a representative must be examined. The power of attorney must be recorded in writing or recorded in a report, an original or certified copy of which must be attached to the documents at the time of first contact.
The written power of attorney must be recorded in a public document or in a private document of full probative value (the legal requirements of which are set out in Section 325 (1) of Act CXXX of 2016 on Civil Procedure), or in an administrative order.
A power of attorney may also be given to a lawyer, which, if the client signs it himself, does not require the use of witnesses. A power of attorney may also be issued abroad, which is only acceptable if it is included in an authentic instrument or a certified private document and is endorsed.

The authority shall refuse the procedure of the authorized person if it does not comply with the requirements of the law, at the same time instructing the client to act in person or to arrange a representative suitable for the representation.
If the client has a representative, the authority will send the documents to the representative.

 

What to do if the customer has already paid the amount of the fine, but NAV has also recovered the amount?

The Service declares to the customer to which account it requests the refund of the additional payment, after which the ORFK will take action on the refund.

 
How long can I request an installment payment and a deferral?

An application for installment payment or deferment of payment may be made, free of charge, until the expiry of the time limit for performance, with reference to the case number, registration number, personal data and a brief statement of reasons as to why it would be difficult to pay the fine in one installment. Thereafter, we will only be able to grant installment or deferred payment only upon simultaneous submission of a request for verification.

 

Can the customer request an installment payment from the competent tax authority if the case is already pending?

Yes.
The state tax authority, in accordance with Act CLIII of 2017 on the enforcement procedures to be carried out by the tax authority in the enforcement procedures carried out by it. on the basis of your application for a payment discount pursuant to Section 109 (1) and Section 129 (1) of Act CL. Act (hereinafter: Art.) - may grant a payment discount, decide on the reduction or waiver of the debt on the basis of § 201 of Art.

 

The customer has paid the administrative fine, however, the Document Office notifies him that he will withdraw the vehicle from the market.

The Authority shall verify that the withdrawal was not due to an administrative error. If so, it will take the necessary action to the Document Office. If it is established that no administrative error has occurred, the client is checked to see if there are several official cases in progress and also examines their financial fulfillment. If there are several administrative proceedings against the customer, not all of which have paid the fine, the conditions for suspension from circulation in these cases still apply.

 
How much time is available to pay the fine?

30 days from the date on which the decision becomes final, calculated in calendar days.

 

Can the fine be transferred in what way?

Of course, it is possible by making a payment to the account of the National Police Headquarters ORFK 10032000-01040061-00000000 maintained at the Hungarian State Treasury, or outside the territory of Hungary: IBAN: HU72100320000104006100000000 SWIFT / BIC code: HUSTHUHB (Correspondent bank: Hungarian National Bank: Hungarian National Bank MANEHUHB) account number.
In case of a reference, please indicate the case number, the name of the client and the registration number in the field of the communication in order to be identifiable.

 

Does a maximum speed limit result in a traffic penalty?

An administrative fine does not normally involve the imposition of a road traffic precautionary point (so-called penalty point), nor does it involve the withdrawal of a driving license. However, if the person using the vehicle becomes known during the procedure, the authority shall comply with the provisions of Act CXXVIII of 2000 on the Road Traffic Advance Points System. Pursuant to Section 4 (1) (d) of the Act, it also establishes 1-8 road traffic history points in addition to the fine, depending on the violation of the rules. (The amount of the penalty point that can be assigned to each violation is contained in Government Decree 236/2000 (XII.23.).)

 
Where can I view photographs taken of breaches of strict liability?

On the website https://ugyintezes.police.hu/ by entering the document identifier and the registration number of the vehicle in the first instance decision.

 

What information should be included in the journey form, the own-account transport of goods for own account, the carriage of passengers for hire or reward by bus and coach and the bill of lading?

The bill of lading must contain:

• the nature of the transit (transport, making available, towing for a fee),
• the name and address of the operator and the carrier,
• the registration number of the vehicle and the name of the driver,
• data on the goods: number of the consignment note (or other document relating to the goods) issued by the owner of the goods, name of the goods (material transported), quantity, method of packaging, European Agreement concerning the International Carriage of Dangerous Goods by Road (‘ADR’) and the Ministerial Decree on the domestic application of Annexes ‘A’ and ‘B’ to the ADR name or address of owner or operator, address of registered office or establishment, vehicle registration number),
• the place and time of issue and departure of the vehicle, the route of the vehicle, the place and time of stops (loading and unloading) and departures, and the place and time of arrival (kilometers and kilometers) performance),
and in addition to freight and towing
• the place and time of receipt of the goods or the towed vehicle,
• the place of delivery of the goods or the handover of the towed vehicle and, after delivery (handover), the time.
 

The journey form must contain:


• the nature of the passenger transport (special regular passenger transport, special passenger transport),
• the name and address of the operator and, if any, the customer (contractor),
• the registration number of the vehicle and the name of the driver (s),
• the place and time of departure and departure of the vehicle, the route of the vehicle, the place and time of stops (take-offs and landings) and the place and time of arrival -indices).

 

What do the characters in the photo of the offense mean?

D › distance between the measuring device and the vehicle

L › the speed limit above which the measuring instrument detects an infringement for which it is objectively responsible
VP › maximum measured speed
KA › the maximum speed allowed on site.

 

I received a check from you, but I don't know why?

After committing the violation, the authority shall arrange for the first-instance decision to be sent to the customer within the time limit prescribed by law, accompanied by the cash transfer order (check). The decision shall contain information on the infringement, such as the place and time of the offense, the type and extent of the infringement, the amount of the fine and the relevant legal provisions. In addition, the decision states that the amount of the fine may be paid either by payment of the cash transfer order or by payment to the account number in the decision or by transfer.

 
Is it possible to reduce or waive the administrative fine?

Based on the legislation in force, the authority does not have the possibility to reduce or release the fine. If the administrative fine is not paid voluntarily, the authority acting at first instance shall initiate enforcement proceedings with the state tax authority in order to recover the administrative fine and shall take measures to withdraw the vehicle from the market.

 

What does strict liability mean?

The operator of the vehicle or the person taking over the vehicle for use is responsible for ensuring that the vehicle operated or used by him


a. the maximum permitted speed,
b. to cross the level crossing,
c. the signals of the traffic light signaling device,
d. to use the stop lane and stop bay of the expressway,
e. the prohibition of entry, the restricted zone (zone), the mandatory direction of travel,
f. to protect nature,
g. tolls in proportion to the distance traveled for the use of toll road sections
certain requirements laid down in a separate legal act are complied with.
Based on the above, regardless of the fault, the operator is liable in case of the above violations, except for the exceptions specified by law.

 

What are the requirements for speedometers?

Measuring instruments are technical instruments suitable for carrying out measurements, the characteristics of which are known and can be checked for accuracy and reliability.
The speedometer is a high-performance passive or active digital device that is continuously or intermittently operated, connected to a data processing system and suitable for
• to take front, rear and front and rear images of vehicles traveling in several lanes in the same direction on the road,
• to differentiate the vehicles inspected by category defined in separate legislation (eg car, lorry).
Each image taken by the instantaneous vehicle speed monitoring device shall include the value of the speed permitted and measured by the vehicle speed meter for roadside control, as well as the unique identifier of the image. The data recorded on the image must also be attached directly to the image in digital (electronic) form.
Measurements with legal effect may only be carried out with an authentic measuring instrument or a measuring instrument checked with a standard of use. An instrument that has been certified by a metrological body or whose foreign certification has been accepted by the metrological body as the first domestic verification is authentic.
All instruments must have a verification license. The authenticity of the instruments is confirmed by the legal certification mark and / or certification certificate placed on them, which states how long the given instrument is authentic (authentic for 2 years from the date of issue of the certification certificate).

 
What conditions must the recording equipment comply with for passing through a level crossing, for traffic light signaling devices, for stopping and waiting with the vehicle, for using the motorway stop lane, forbidding access, for mandatory travel and for nature protection? record a violation?

A high-performance passive or active digital device capable of continuous or intermittent operation of front, rear, front and rear images of vehicles traveling in the same direction on the road and of the nature of the documented infringement.

 
I left the check, what should I do?

You can report this fact in writing to the authority acting at first instance or by calling + 36-94 / 515-230 (Szombathely) and + 36-45 / 526-000 (Vásárosnamény).