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Appeal of a fine

A person who has been imposed an administrative fine may appeal against the decision taken in an administrative violation case to a higher official. If there is no higher official, the decision may be appealed to the district (city) court by a natural person according to the declared place of residence, but a legal person - according to the legal address. If a person does not have a declared place of residence in Latvia or the address of a legal person is not in Latvia, the decision in an administrative violation case may be appealed to a district (city) court in accordance with the place of establishment of the administrative violation.

A person may appeal the decision taken in an administrative violation case to a higher official within 10 working days from the day of notification of the decision. The complaint shall be submitted to the official who has decided in the administrative violation case. The official shall send the complaint with the materials of the administrative violation case within three working days for examination according to the jurisdiction.

The decision shall always indicate where and for how long the person may appeal against this decision.

The overdue procedural term for appeal may be renewed by a higher official upon a motivated request of the complainant to renew the procedural term.

The decision taken in an administrative violation case shall take effect from the moment when the term for its appeal expires and it has not been appealed, but if the decision has been appealed - from the moment when the appeal has been rejected.

Section 163 of the Road Traffic Law prescribes certain additional conditions for appealing a decision regarding the application of a fine to the owner of a vehicle:

1) If the owner of the vehicle has not driven the vehicle at the time of the offence, he or she shall indicate in the complaint the person who was driving the vehicle at the time of the offence when appealing the decision regarding the application of the sentence to the higher official. In such a case, the complaint shall indicate the identifying data of the person concerned (given name, surname, personal identity number, but in case of a foreigner shall indicate in addition the address of the place of residence, the number of the driving licence, the date and place of issue, the issuing country of the driving licence) and the complaint shall be accompanied by evidence attesting that the person was driving the vehicle at the time of the offence.

(2) If the submitted evidence confirms that at the time of the commission of the offense the vehicle was driven by a driver designated by the owner of the vehicle, the senior official shall revoke the decision to impose a fine on the owner of the vehicle and take a decision to impose a fine on the driver.

3) The driver of a vehicle may appeal the decision of a higher official in court in accordance with the procedures specified in this Law. When considering the driver's complaint, the court shall summon the owner of the vehicle.

4) If, upon examination of the evidence in the case, it is not established that the vehicle was driven by a driver designated by the owner of the vehicle, the court may decide on the imposition of an administrative fine on the owner of the vehicle.