As regards case groups contained in the area of traffic policing, it can be mentioned in general that any and all repeated proceedings opened after January 1, 2018 in relation to penalties must be carried out pursuant to the stipulations in Act CL of 2016 on the Code of General Administrative Procedure (hereinafter referred to as: Ákr.).
In penalising proceedings opened on their own motion, the competent authorities impose administrative penalties on customers due to infringements, while customers, by submitting their requests, inform the authorities on their activities, report these activities, and apply to the authorities to authorise or permit to hold such activities.
The applicable laws in force permit no exercise of discretionary power in administrative proceedings, not even in reasonable circumstances, therefore there is no possibility as regards either the reduction or the waiver of the imposed penalties.
The scope of Act CXXV of 2017 on Penalising Administrative Infractions (hereinafter referred to as: Szankció tv.) extends and applies to administrative penalties; these legal consequences due to administrative infractions (infringements) are established by the administrative authorities in their decisions on the merits adopted against natural / legal persons found liable for such infractions (infringements) during administrative proceedings.
In case of administrative infringements, and in order to ensure the more gradual changes of imposing penalties, the following administrative penalties can be imposed after January 1, 2021 under the conditions set out in legislation:
a) warning,
b) administrative penalty,
d) disqualification from pursuing the activity and/or
e) forfeiture.
In order to ensure that data as regards prior penalties imposed against customers be accessible, Szankció tv. established the Registration System of Administrative Penalties (hereinafter referred to as: Nyilvántartás).
Concerning the data entered in the system, the authorities act as controllers, therefore they can have unlimited access to any and all data in respect of each customer in the specific proceedings, while pursuant to Section 1 of Government Decree 714/2020 (XII. 30.) on the Implementation of the Act on Penalising Administrative Infractions, the tasks of the data processor shall be carried out by Lechner Tudásközpont Nonprofit Kft. (Lechner Knowledge Centre Non-Profit Ltd.); furthermore natural person customers can have access to their data by logging in their customer gateway accounts, whereas legal persons by logging in their company gateway accounts, as well as either party can obtain their relevant data by being informed by the government customer service representatives.
By issuing warnings, the authorities express their disapproval, and by the threat of further penalties, they call on the customers to refrain from committing any future administrative infringements.
In respect of certain cases, the law may provide for the exclusion of applying warnings, if minor infractions in the particular cases have not incurred.
In case of infractions in road traffic, such exclusionary provisions are contained in Article 20 (1a)-1(c) of Act I of 1988 on Road Traffic (hereinafter referred to as: Kkt.) and Article 21 Section (7) of Kkt.
Due to infringements in items of case group listed in Article 21 Section (1), the so-called public administration procedures concerning no-fault liabilities:
· no warnings can be issued as administrative penalties, and
· no penalties imposed in the administrative proceedings must be registered in ‘Nyilvántartás’
The following should not be registered in ‘Nyilvántartás’:
· provisions pursuant to Article 20 Section (1) Items k), m), and o) of Kkt.,
· as well as penalties imposed in administrative proceedings opened due to infractions as regards road traffic of vehicles exceeding maximum permissible laden mass, axle load, and size (Article 20 Section (14) of Kkt.).
Warnings should not be applied as administrative penalties in the cases as follows:
· in case of administrative proceedings opened due to infringements of provisions in Article 20 Items a)-d), f)-j), l), and n), if the infringements are qualified as most serious infringements (MSI), or very serious infringements (VSI) (Article 20 Section (1a) of Kkt.),
· in case of administrative proceedings opened due to infringements of provisions in Article 20 Section (1) of Kkt., if the infringements or failures are in risk categories I, II, or II (Article 20 Section (1a) of Kkt.),
· in case of administrative proceedings opened as regards case groups listed in Article 20 Section (1) Items k), m), and o), as well as in case of proceedings opened due to infractions as regards road traffic of vehicles exceeding maximum permissible laden mass, axle load, and size (Article 20 Section (1c) of Kkt.).
At the same time, the legislation provides for the application of warnings in cases of minor infringements (MI), and serious infringements (SI) either on the spot or during the administrative proceedings.
The most important pieces of information on the below case groups as well as information on the forms (inNOVA) that can be submitted in relation to the proceedings can be found on the headings as follows:
1. own motion proceedings
– public administration proceedings concerning no-fault liabilities
– public administration proceedings related to road transport
– public administration proceedings related to aviation
2. proceedings opened upon applications
– applications for authorizing events on water
3. traffic data processing related to a road accident requiring police action
Within the case groups belonging to the specialized field of traffic policing, the rules of the Ákr. do not apply to data requests related to road traffic accidents regulated in point 91/P. § of Act XXXIV. of 1994. on the Police (hereinafter referred to as Rtv).
If infringement proceedings or criminal proceedings are ongoing in connection with the road traffic accident, then the rules applicable to the procedure apply to the data request.
The valid Forms and Customer Informations for the selected case group are included in the tables below. For more information about the previous forms that are no longer valid, please see the Archive, for future changes to the forms in the News.
With the help of the electronic forms below, it is possible to submit a petition, an application related to the administrative authority cases initiated by the infringements referred to in Section 20 (1) of Act I of 1988 on Road Transport, as well as submit a data request related to road traffic accidents regulated according to Rtv. 91/P. §.
