Mentesülés

The keeper of the vehicle has the option of a so-called exemption if he can prove that he did not use the vehicle at the time of the offense. The cases are as follows.

Under the Kkt., the operator is exempt from paying the administrative fine if the vehicle was unlawfully removed from their possession prior to the date of the violation (e.g., as a result of theft) and (by filing a report or obtaining a suspensive decision) proves that, in connection with the unlawfulness, it initiated the appropriate administrative proceedings prior to the delivery of the decision imposing the fine.

The operator shall also be exempt from paying the administrative fine if, prior to the violation, the vehicle was made available for use by another natural person or legal entity, and the person using the vehicle proves this with a statement in a private document* with full probative force, or, in the case of vehicles that may participate in road traffic with a waybill or consignment note under separate legislation, with a waybill or consignment note containing:

• the magisterial marking of the vehicle,
• the name, place of birth, time and address of the natural person operator and customer used,
• in the case of a keeper and user of the vehicle of a non-natural person, the name and address of its registered office (premises),
• and an indication of the period for which the user has taken over the use of the vehicle from the keeper of the vehicle.

Pursuant to the relevant government decree, the authority shall impose an administrative fine within 70 days of the violation in respect of Article 21 (1) a)-g) and j) of the Kkt. and within 150 days of the violation with regard to Article 21 (1) h) of the Kkt. The 70-day deadline does not apply to proceedings for the imposition of administrative fines on users, appeal proceedings, judicial review, or new proceedings ordered in these proceedings.

The first-instance proceedings initiated due to a breach of the rules specified in points a) to g) and j) of paragraph (1) of Article 21 of the Kkt. shall be terminated within four months of the breach of the rules, and the first-instance proceedings initiated due to a breach of the rules specified in point h) of paragraph (1) of Article 21 shall be terminated within five months of the breach of the rules.

*A private document shall, unless the contrary is proved, be conclusive evidence that the signatory has made or accepted or acknowledged to have made or accepted to be bound by the declaration contained therein, if the document meets the following conditions:

• the issuer has written and signed the document in his/her own handwriting,
• two witnesses certify by signing the document that the issuer signed the document (in whole or in part) before them, or acknowledged their signature before them; the names and places of residence/domicile (addresses) of the witnesses must also be legibly indicated on the document;
• the signature or initials of the issuer is certified by a judge or notary public on the document;
• the document issued by the business entity in the course of its business has been duly signed;
• a lawyer or legal adviser, by duly countersigning a document drawn up by him, proves that the signatory of the document signed the document before him or acknowledged his signature as his own signature,
• on the electronic document, the signatory has affixed his or her advanced electronic signature or seal based on a qualified or qualified certificate and affixes a time stamp to it,
• it is a service specified by law or government decree, or it was created within the framework of a certified trust service used in a closed system, where the service provider assigns the document to the issuer through the issuer's identification and authenticates the assignment to the person with data that can be clearly traced back to the issuer's own signature or on the basis of that signature; furthermore, the service provider includes the certificate issued for the unambiguous assignment to a person in an inseparable clause linked to the electronic document and, together with the document, affixes it with at least a high-security electronic stamp based on a qualified certificate and a qualified time stamp;
• unless otherwise provided by law, the issuer's oral declaration has been converted into written form by the body providing electronic administration pursuant to the Act CIII of 2023 on digital state and certain rules for the provision of digital services law (hereinafter: Dáptv.) or other body authorised to use the service, in accordance with the artificial intelligence service as defined in the Government Decree, the draft of the declaration converted into written form has been approved by the issuer and the document has been authenticated as defined in the Government Decree,
• the document has been authenticated by the digital citizenship service provider in the course of the provision of digital services under the Dáptv..