What administrative penalties follow for driving without compulsory official MTPL insurance?
If you did not receive the policy on time or simply forgot to issue a motor vehicle license in a timely manner, if a violation is detected, the traffic police officers will draw up a protocol for paying a fine of 800 rub.
The fine will soon be increased up to 2500 rubles.
Don't forget to take out MTPL insurance on time!
Penalty for lack of insurance
Car owners should be warned - the amount of the fine for driving with an expired policy and the fine for driving without insurance, simply forgotten at home, varies. If you have a valid insurance policy, but cannot show it to the inspector, then the amount of the “punishment” is reduced by 300 rubles and amounts to 500 rubles.
Be careful when signing the protocol. Check the correct wording of the violation committed.
In the near future, you won’t have to carry a paper policy with you; the inspector will check the availability of insurance using an electronic database.
To do or not to do OSAGO
If the driver is persistent and does not purchase an insurance policy on principle, then perhaps driving without insurance will soon cost a decent amount. The fact is that experiments are already being carried out in Kazan and Moscow, where road cameras record violators and for each trip under a CCTV camera without an insurance policy, compulsory motor liability insurance is automatically issued fine of 800 rubles.
Owners of counterfeit policies are subject to criminal liability under Art. 327 of the Criminal Code of the Russian Federation (forgery, production or sale of counterfeit documents, state awards, stamps, seals, forms), which provides for imprisonment for up to two years.
Automatic verification of the MTPL policy.
First of all, persistent violators of traffic rules are checked for availability of insurance using the insurers' database. If there is no information about a valid policy, the system enters the vehicle data and then records each trip next to the camera. Then an invoice is issued. It significantly exceeds the amount of the insurance policy.
Photo from 123rf.com
Do the math yourself. If the system records your travel once a day, then you will have to pay per month 24 thousand rubles fine for not having a compulsory motor liability insurance policy. Undoubtedly, it is better to take care in advance and purchase a policy so as not to be included in the list of violators.
To calculate the cost of the policy, you can use OSAGO calculator .
What are the dangers of driving without insurance?
It should be noted that previously applied penalties in the form of car evacuation to the impound lot, removing license plates from a car, now they are not used for driving without compulsory motor liability insurance and are considered illegal. There is only one type of punishment - a fine.
But the new provision, which came into force on January 1, 2016, provides a 50% discount on fines that the driver pays within 20 days, for driving without a compulsory motor liability insurance policy, Unfortunately, does not apply.
All motorists should realize that the MTPL policy is intended to compensate for material damage in the event of harm to the life or health of the victim. Insurance protects the property interests of victims due to the fault of the violator.
Remember - the fine for driving without an MTPL policy is insignificant compared to the serious problems that arise in an accident.
Hi all! Do you know what the current fine is for driving without compulsory motor liability insurance and in what specific cases? How many times a day can he be discharged? Do they now remove the license plate for such a violation and take the car to a special parking lot? When is it acceptable to drive without a policy, is it possible to avoid or reduce the fine?
If you are interested in these and other similar questions, then you have found what you were looking for - all the answers are contained in this article.
Some new drivers get confused about car insurance. Therefore, I will immediately clarify that punishment in the form of fines applies only to compulsory insurance. In our case, this is motor third party liability insurance - OSAGO.
True, there is also compulsory insurance for carriers (OSGOPP - among other things, various passenger vehicles are insured, excluding taxis), violations of which are also punishable. But this is a specific topic and we will not touch on it here.
The CASCO policy, as well as other types of motor vehicle (MV) insurance, are purchased by drivers on a voluntary basis and are not subject to verification or any exacting sanctions from government agencies.
Fines for lack of compulsory motor liability insurance - fundamental concepts
In 2018, the legislative norms for this violation remained the same - administrative liability in the form of fines is provided for driving without a motor vehicle insurance policy.
In this case, the driver’s guilt is determined according to two basic criteria:
- Absence on hand policy for a motorist when driving a vehicle.
- Complete absence the policy as such when driving a vehicle.
Depending on these criteria, the degree of guilt, the provision of administrative legislation and the amount of the fine are determined.
The legislative framework
Collection in the form of fines for the absence of a motor vehicle policy in Russia is provided on the basis of the provisions of two basic standards:
- Code of Administrative Offenses of the Russian Federation– Federal Law No. 195 (dated December 30, 2001).
- Law “On Compulsory Motor Liability Insurance”– Federal Law No. 40 (dated April 25, 2002).
The mandatory requirement for motor vehicle drivers to have an effective MTPL policy is stipulated in Art. 3 (paragraphs 2 and 3) Federal Law No. 40, as well as in Art. 32 (parts 1 and 3) and in the provisions of the traffic rules (section 2, part 2.1.1, paragraph 6 of RF PP No. 1090).
Direct collection in the form of fines is levied on drivers on the basis of Articles 12.3 and 12.27 of the Code of Administrative Offenses of the Russian Federation.
Who imposes the fine
In accordance with Art. 32 (part 1, paragraphs 1 and 2) of Federal Law No. 40, the responsibility for monitoring the availability of compulsory motor insurance for motorists rests with the traffic police, as well as the customs service and Gostekhnadzor.
At the same time, the imposition of fines can be carried out both by regulatory structures (primarily traffic police) and by the judiciary.
When the driver agrees with the fact of the violation or it is undeniable, a fine can be imposed on the spot by an official with the status of an inspector, in accordance with Section III of the Order of the Ministry of Internal Affairs No. 664 (dated 08/23/2017), namely clause 31 (paragraph 5 ) and paragraph 156, as well as according to the regulations of Art. 29.10 and the provisions of Art. 28.6 Code of Administrative Offenses of the Russian Federation.
Usually, a copy of the resolution, which is handed over to the violator by the inspector, is accompanied by a payment receipt with the necessary details for paying the fine.
If the penalty is contested by the violator (as well as in some other cases - by a minor driver, military personnel, etc.), then the corresponding protocol is attached to the resolution. Then these procedural documents are submitted for consideration to the court, which makes a final decision on the imposition of a fine or its cancellation.
Attention! The protocol on fines for the absence of a motor vehicle license in the first instance is considered by magistrate courts at the place of registration of the violator. In this case, before the start of the hearing, the court sends a summons-notification indicating all the necessary information (date and time of the hearing, full name of the judge, etc.) to his address.
What are the applicable fines?
As stated above, the size of the fine depends on the degree of guilt of the offender.
In this case, the fine has two values (always the exact amount):
- 500 rub. – if the driver has policy, but he cannot present it.
- 800 rub. – if the driver does not have policy or such is equivalent to absent.
Wherein:
- Fine of 500 rubles. imposed according to Part 2 of Art. 12.3 (the driver lacks car documents) and under Part 1 of Art. 12.37 Code of Administrative Offences.
- A fine of 800 rubles. imposed according to Part 2 of Art. 12.37 (failure to comply with MTPL requirements) of the Administrative Code.
Here is a list of options when a driver is subject to a fine:
- No policy as such.
- OSAGO is not in the car, but there is an effective agreement.
- Overdue policy.
- Seasonal policy, but the period is not insurance.
- Driver not registered in OSAGO.
Attention! Fines are imposed only for driving a vehicle without insurance. If the car or driver does not have compulsory motor liability insurance issued, but the car does not move, then no punishment will be applied.
Watch a video about the magnitude of possible fines for problems with compulsory motor liability insurance:
How much is the fine if you forgot your home insurance?
The above-mentioned paragraph 2.1.1 of the traffic rules clearly obliges drivers to carry with them and present, upon request of an authorized official, vehicle documents, among which is the driver's license. If you don’t have the policy in your hands, but the driver has one, then you will still have to pay a fine, although it will be the smaller of the two possible amounts - 500 rubles.
That is, here a violation is considered to be inattention or frivolity of drivers and a fine is paid, for example, for forgotten or lost insurance.
In this case, the reason may play a role - if the motorist simply forgot his policy at home, then this is definitely a fine, but if the document was lost immediately before the check for a valid reason that is provable, then there may not be a fine.
What happens if the MTPL policy is expired?
You cannot drive on public roads with an expired policy – definitely and for a long time. If the driver did not manage to extend the insurance period for a new period, he will be punished with a fine of 800 rubles. for driving a vehicle without compulsory motor liability insurance - it is considered that he does not have insurance.
But many motorists still believe that it is acceptable to drive a car with impunity for a month with an expired document.
Yes, this was previously possible - in the old (or rather, already old) version of Federal Law No. 40 of 2006, the right of drivers to drive for 30 calendar days with an expired contract was provided for (Article 10, clause 1, paragraph 2). This norm was duplicated in Decree of the Government of the Russian Federation No. 263 (of 2003). Moreover, during these 30 days the insurance company (IC) continued to be responsible for the driver.
But on March 1, 2008, this provision was canceled - paragraph 2, paragraph 1, art. was completely removed from Federal Law No. 40. 10. The new rules are extremely laconic: the period of compulsory insurance is 12 months (excluding seasonal options) and not a day later, according to paragraph 1 of Art. 10 .
Attention! The policy ends exactly at the time of day specified in it - the next minute you can already be fined, keep this in mind.
What happens if the policy is seasonal, but the period is not insurance?
After a significant increase in the cost of compulsory motor insurance, many motorists are trying to save money and purchase seasonal insurance: 90 and 180 days of validity in the selected period or periods of the year.
Usually these are summer residents, lovers of summer road trips, etc., whose car sits idle in the garage during the cold season. But it happens that during the non-insurance period you need to go somewhere and then many people decide to take a risk - why not pay the full cost of the policy just for one or two trips?
Such a violation is punishable by a fine under Part 1, Art. 12.37. There is some legal issue here: in fact, the non-insurance period is the absence of insurance. But the penalty is not 800, but 500 rubles, apparently taking into account the fact that the policy is temporarily invalid.
What happens if the driver is not included in the policy?
According to the provisions of the traffic rules, namely paragraph 2 “General obligations” (clause 2.1.1, paragraph 4), the driver is required to have an effective MTPL policy. Accordingly, this policy must be issued to the person who is driving, or he must be included in it as an authorized driver.
The fine for this offense is 500 rubles. (Part 1, Article 12.37).
What if the owner of the car is sitting next to a person who is not included in the policy?
Some drivers are convinced that if the owner or main owner of the vehicle is sitting in the car, then it can be driven by any person who has. There is even unfortunate advice on this matter: draw up a free-form power of attorney to drive a car for a person not included in the compulsory motor liability insurance.
A power of attorney for temporary management is now not needed at all, but a motor vehicle license is required in any case. “The Law on Compulsory Motor Liability Insurance”, namely Art. 4 (clause 1), states: the owner of the vehicle is obliged to insure the risk of his civil liability.
The key point here is the word “owner”, since owner and possessor are not legally identical concepts. This fog clarifies the position of Art. 1 (paragraphs 2, 3 and 4) of the same law, which lists the options when the driver has the status of owner. And “let’s drive” on public roads applies exactly here.
That is, the driver driving the car is its owner (temporary or not - it doesn’t matter), because he uses it. And the insurer, in this case the insurance company of the owner or the main owner of the vehicle, must be responsible for it.
If the insurance is unlimited
If an unlimited compulsory motor liability insurance (open policy) is issued for the car, then any driver can drive this vehicle. But this does not mean driving without insurance - the main owner must transfer the policy to the temporary owner.
If the policy is not in hand, then even if the driver has his own effective MTPL, he will be fined 500 rubles.
For your information. Since 2012, OSAGO can only be obtained after passing a technical inspection - before 2012, everything was the other way around, keep this in mind.
What are the dangers of driving someone else's car without insurance and owner?
Current legislation allows you to drive someone else's car even without the owner's knowledge. To certify the legality of driving a vehicle, traffic police inspectors only need to present a driver’s license and a vehicle registration certificate (in the name of the main owner).
The absence of compulsory motor liability insurance is regarded as an ordinary violation and is punished in accordance with the general procedure in accordance with the provisions of the above articles - a fine of 500 or 800 rubles.
How many times can they be fined again for not having MTPL insurance?
How many times can a fine be issued in general and can it be issued several times a day? Such questions often bother motorists. There are even sources online that refer to a certain standard for imposing fines - twice a day for the same violation. Sometimes a real justification is given - the law does not allow double punishment for the same offense.
The latter is absolutely true - according to paragraph 1 of Art. 50 of the Constitution of the Russian Federation, “No one can be convicted again for the same thing.”
But this provision of the basic law implies a specifically identified and recorded offense, and not its indefinite duration or duplication in time. For example, if you are fined by a traffic police inspector for lack of compulsory motor insurance, he or another inspector does not have the right to fine you again, provided that the offense is not renewed.
But a missing insurance policy is rarely purchased at the place of punishment (although now this is possible via the mobile Internet) - the car usually continues to move. This movement is the fact of the resumption of the offense - the driver commits it again. And this violation is not identical to the first one because it is distinguished by the parameters of time and location.
That is, this violation is isolated and is punishable by a repeated separate fine, even if, after drawing up the first resolution, you honestly walked to the point of correcting the situation (the nearest insurer or the place where you forgot the document). At the same time, the number of repeated fines is theoretically unlimited - you can be fined by all inspectors who come your way.
How long can you drive if you have already been fined for not having a driver's license?
This is another popular question. Strictly speaking, the answer is – not at all. The legislation clearly states that vehicles do not have the right to travel without compulsory motor liability insurance. Dot.
There is no time frame for those already fined. It’s just that some inspectors, if they see a recently drawn up resolution, humanely release drivers to correct the situation and do not fine them again, although they have every right to do so.
Attention! If the next inspector, instead of a resolution, sees a copy of the drawn up protocol indicating that the driver did not agree with the alleged violation, then the chances for the humanity of the striped rod worker will sharply decrease, especially if this is an unfounded disagreement.
Are there any specifics regarding fines for the lack of compulsory motor liability insurance for legal entities?
For many types of motor vehicle offenses, the law has differences in penalties for individuals and legal entities.
In our case, there are no such differences - for legal entities, the conditions for imposing fines and their amounts are the same as for individuals.
Advice to the driver. Put a photocopy of the policy in your glove compartment just in case - it will make it easier for you to convince the inspector that you have an effective contract if you suddenly forget the original somewhere.
Peculiarities of fines when applying for electronic compulsory motor liability insurance
In this regard, conflicts often arise between drivers and inspectors regarding which document format needs to be presented - a paper printout or a scan of the e-policy on the screen of a mobile gadget. Recommendations and circulars advise inspectors to accept information from any visual media.
But federal legislation takes precedence, and it says: “paper media.” Accordingly, this is a printout, not a scan. That is, if you present an absolutely effective e-policy to the inspector in the form of an electronic scan or other graphic file on the screen of a gadget, then today you may be subject to a fine of 500 rubles. according to Part 2 of Art. 12.3.
And if you present a paper printout, then there will definitely not be a fine.
In what cases can you not be afraid of a fine for not having a motor vehicle license?
The law allows driving without compulsory motor liability insurance on vehicles that were purchased recently - within 10 calendar days from the date when the policy was signed. These ten days are given to the new owner to complete all documents - receipt (if required), compulsory motor liability insurance, registration or re-registration of the car with the traffic police.
At the same time, during this period, instead of the STS and the policy, the traffic police inspector must be provided with a DCP and a vehicle passport with the relevant fields filled in - at least the date of the transaction and the signatures of the parties must be present. Previously, cunning drivers carried with them a fictitious DCT, which was rewritten every 10 days. Nowadays, such cunning will not work - PrEP alone without entries in the PTS will not help, and there is little in it.
In addition, there are several other options when there is no fine for lack of compulsory motor insurance:
- If the car has a maximum design speed no more than 20 km/h.
- If the vehicle belongs to the Ministry of Defense, excluding vehicles working on the economic side.
- If the car has an international"Green card".
- If the vehicle does not have a wheelbase or has it partially (vehicles on caterpillar tracks or other vehicles).
- to wheeled vehicles.
For drivers of all other vehicles, the absence of compulsory motor insurance is fraught with penalties.
For your information. In some CIS countries there are benefits for citizens (disabled people, combatants, etc.) that completely exempt them from purchasing compulsory motor liability insurance, but in the Russian Federation this is not practiced - only a 50% discount on the cost of the policy is used, but everyone who has a car must buy it .
Is it possible to ride a motorcycle without compulsory motor insurance and not fear a fine?
In the vast majority of cases, no - all wheeled vehicles and motorcycles are subject to registration, and without compulsory motor liability insurance registration is impossible. But there are two exceptions:
- there is no need to fear fines if their motor vehicles are sports equipment and are used only within the framework of sports competitions at closed motor tracks or temporarily closed public roads.
- Motor vehicles with a design speed of less than 50 km/h with an engine power of no more than 4 kW, it is not subject to registration. These are mostly and some . Scooter and moped riders are still allowed to ride without a license.
In other cases, if there is no insurance, motor vehicle drivers will be fined.
Are fines possible for the lack of compulsory motor liability insurance from video cameras?
For many motor vehicle offenses, fines are now imposed based on data from an automatic video recording system. However, checking for the presence of compulsory motor liability insurance in automatic mode is not yet available, but it is being actively developed.
Field tests began back in 2016 - then such a system began working in test mode on the roads of Samara and Kazan. At the moment, the finishing touches are being carried out: the main problem was the correct integration of the information bases of the AIS RSA and the traffic police.
When will traffic fines appear from video cameras?
Motorists will definitely be fined for problems with compulsory motor vehicle liability insurance for video recording cameras - the system will be implemented in the near future. The exact dates have not yet been announced, but approximately this is the second half of 2019.
Now, from September 1, 2018 in Moscow, the system will be launched in debugging mode for 3 months. At this time, drivers in the capital will receive “chain letters”, but so far without fines - just advisory warnings.
If you are stopped by a traffic police inspector, but there are problems with insurance
Here you need to act depending on the situation with your vehicle. I’ll say right away that in most cases a fine cannot be avoided, but in some situations you can get off with a warning.
Possible options:
- You don't have a policy- Nothing can be done here, except try to delay the collection by refusing to sign and disagreeing with the punishment. But the court will still impose a fine and you will have to pay it.
- You have a policy, but the period is not covered- the same thing, but the penalty is less.
- You don't have an insurance policy in your car, but there is an insurance contract, and it is effective. It is possible to get off with a warning.
In the latter case, a lot depends on convincing evidence - sometimes the inspector himself can confirm the existence of compulsory motor liability insurance in his database, and sometimes not. Then try to provide this evidence yourself, for example by calling your insurance company.
This will at least reduce the fine from a possible 800 to 500 rubles. But if the presence of compulsory motor liability insurance is confirmed, then the inspector has the right to apply a warning instead of a fine. Here the initiative is on the side of the driver and the persuasiveness of his verbal arguments.
Attention! Now you can significantly reduce the fine issued. Since January 2016, Federal Law No. 437 came into force, introducing another package of changes to the Code of Administrative Offences. According to this standard, fines for a number of violations, which include violations under compulsory motor liability insurance, can be reduced by 50% if they are paid within 20 days. But this benefit does not apply to repeated acts - this is another incentive for drivers.
What to do if the inspector issued a fine for more than the required amount?
Sometimes the inspector does not accept any evidence or arguments, issuing a maximum fine of 800 rubles. Then, if you wish, you can challenge the punishment.
After all, in paragraph 2 of Art. 12.3 clearly states: “...if such compulsory insurance is obviously absent...”. Therefore, if the policy actually exists and this is proven, the fine is reduced to 500 rubles, even if it was immediately assigned to 800 rubles.
Here's what you need to do to appeal:
- Record your disagreement in the protocol with the amount of the fine and indicate the reason for this.
- Submit your application with explanations to the head of the traffic police. the corresponding territorial unit with an attached copy of the policy.
But remember that you can appeal the amount of a fine in this way only within 10 days from the date it was imposed. If you miss the deadline, you will have to pay what is written out.
Advice to the driver. Violations related to compulsory motor liability insurance are one of those cases when it is not particularly worthwhile to “pump up your license” before the inspector, since in most situations the legislative advantage is with the traffic police, and not on the driver’s side.
Myths about punishments for not having a motor vehicle license
Some ancient penalties for problems with compulsory motor liability insurance were so severe that the memory of them is still alive today, giving rise to persistent myths.
Myth one - for the lack of compulsory motor liability insurance, a car is prohibited from operating
The fact that such a measure has become a myth is without a doubt good news. After all, previously some particularly zealous inspector could detain a car simply for a forgotten or lost policy.
By law, the violator had 24 hours to settle: pay a fine, solve the problem with the policy and visit the traffic police - otherwise a ban on operation would come into force, the removal of which was troublesome and costly. All this fueled corruption and generated discontent among citizens.
But from November 15, 2014, such a measure was excluded, in accordance with the adopted Federal Law No. 307 (dated September 17, 2014) on amendments to the Code of Administrative Offenses. This law has a name of almost 50 words and I will not cite it. This regulation repealed the provision of Art. 27.13 (clause 2 - detention of the vehicle), which provided for administrative punishment - a ban on the operation of the vehicle due to violations related to compulsory motor liability insurance.
Myth two: license plates are removed from cars for lack of compulsory motor liability insurance.
This type of penalty was usually used in conjunction with the previous one, but lost its effectiveness even earlier: on October 15, 2013. Then the new State Traffic Safety Inspectorate Regulations (Order No. 605) came into force (adopted on August 7, 2013), which allowed the production of license plates in private order in any quantity.
That is, since then, drivers have the right to have spare plates (duplicates) in case the main ones are damaged, and removing them from the car has ceased to make sense. Officially, this measure was canceled by the aforementioned Federal Law No. 307 in November 2014.
Moreover, even at that time there were no full-fledged grounds for punishment in the form of removal of license plates and a ban on the operation of a vehicle due to violations of compulsory motor liability insurance. This was noted by many auto lawyers, because direct liability for such violations was provided for in Art. 12.3 (Administrative Code) - fine (100 rubles at that time) or warning.
All this was not legally agreed upon with Article 27.13 of the Code of Administrative Offenses, but the inspectors, due to the corruption component, benefited from a more severe punishment, although less legal. But, be that as it may, all these absurdities are already in the past.
What is more profitable: buying compulsory motor liability insurance or driving without a policy and paying fines?
It is not easy to answer this question unambiguously today. The fact is that against a significant background (only its average price for 2018 has already exceeded the mark of 7 thousand rubles), many motorists have become ideological opponents of compulsory motor liability insurance as such.
They purchase or even counterfeit them. Of course, in areas where encounters with traffic police are rare (and there are many such places in Russia), such sentiments are more widespread than in the urban sector. But the bulk of vehicles are concentrated exactly where there is proper control, and everything here suggests that it is better to drive with compulsory motor insurance than without.
As for forging insurance, this could end very badly - criminal proceedings under Art. 327 of the Criminal Code of the Russian Federation (2 years in prison or 80 thousand fine). For example, in January 2016, a resident of Krasnoyarsk was tried for exceeding the date of her license.
What's planned for the future
Some drivers rely on low fines, but it was stated above that they can be issued an unlimited number of times. Well, with the introduction of auto registration, driving without a policy means collecting chain letters along the entire road and wasting money.
And the authorities themselves have long been planning to sharply increase the fines. At first, this was the initiative of People’s Deputy Mikhail Yemelyanov, who planned to increase the fine for lack of compulsory motor insurance to 2.5 thousand rubles. in 2017. Then, People’s Deputy Sergei Vostretsov advocated for an even more dramatic increase - according to his draft amendments to the Administrative Code, the amounts of penalties for both types of violations were equalized and reached 5,000 rubles.
True, the State Duma did not support this initiative in the wake of expectations for the introduction of automatic checks of compulsory motor vehicle liability insurance based on license plate numbers. Be that as it may, it is better now to get used to the idea that there is no alternative and that it is mandatory to have a policy, since its absence in the future will be increasingly difficult to hide, and the punishment will one way or another become more sensitive to your pocket.
Watch the video about the planned changes in the amount of fines for problems with compulsory motor liability insurance:
Let's sum it up
- At the end of the article, as a reminder, I will give its key aspects:
- Drivers are punished only for the absence of mandatory car insurance – OSAGO.
- The fine may be issued by the inspector at the scene of the violation. on the basis of an order or imposed by a court subsequently on the basis of a record.
- Complete absence of a policy and its absence in hand The driver has different degrees of guilt and the amount of fines differs accordingly.
- For a policy forgotten somewhere or lost in some way, and also for its use outside the insurance period, a fine of 500 rubles is imposed.
- Expired insurance is equivalent to its absence and is punishable by a penalty of 800 rubles.
- When driving someone else's vehicle OSAGO is mandatory.
- The fine can be issued an unlimited number of times, if the vehicle continues to move.
- Legal entities and individuals, for violations related to compulsory motor liability insurance, are fined according to the same scheme.
- For lack of printout electronic policy, the inspector has the right to impose a fine of 500 rubles.
- Without fear of penalties under OSAGO You can ride in the first 10 days from the date of signing the PrEP, as well as on mopeds and low-power scooters.
- Removal of license plates and evacuation of vehicles for the absence of a policy are not applied today.
- Today video cameras the presence of compulsory motor liability insurance is not checked, but in 2019 the system should work as usual.
- Initiatives of individual legislators a sharp increase in the amount of penalties under compulsory motor liability insurance has not yet found support in the State Duma.
Conclusion
So, you have learned that today the punishment for various types of violations related to the lack of compulsory motor liability insurance are fines, which are not particularly large, but they can be imposed many times in a row.
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The car owner is required to have an MTPL policy - the presence of such a document guarantees that the victim in an accident caused by the insured person will receive compensation.
This avoids disputes and litigation.
In 2016, some amendments were made to the legislation.
If the driver is not included in the insurance policy of the MTPL category, this is a serious administrative violation.
Read this article and find out what the fine is if the driver is not included in the insurance.
The following classification of MTPL insurance is important:
- With limitation
- No limits
A restricted policy assumes that there is a group of people who have the right to drive a specific car. If the actual driver is not on the list, expect a fine.
Insurance without restrictions allows that anyone with a driver's license can drive a car - no names are entered on such a paper.
OSAGO policy without restrictions allows you to protect yourself from many fines, but also costs significantly more.
Having insurance without restrictions is not the only case when it is allowed to drive a vehicle without specifying it in the MTPL policy.
There are others:
- The driver recently purchased a car, and the 10-day period provided for obtaining a policy has not yet expired.
- There is an agreement for the free use or rental of a car, drawn up in accordance with the paragraphs of Article 1079 of the Civil Code.
- The vehicle is one of the exceptions listed in the Federal Law “On Compulsory Motor Liability Insurance”. For example, an exception may be a car registered in a foreign country and insured under the international insurance system.
If the driver is not included in the insurance
A typical situation: the owner of the car was drinking and allowed a friend to drive him home. If such a violation is detected, financial punishment follows. According to Article 12 of the Code of Administrative Offences, a driver who is not included in the insurance is obliged to pay fine of 500 rubles. There has been an increase: previously the fine for this violation was only 300 rubles.
Previously, as a punishment, the car was sent to the impound lot, however, according to the new rules, any form of additional punishment (except for financial penalties) is prohibited.
How to avoid a fine?
If your friend, who is not included in the insurance policy, is driving the vehicle, and you are stopped, you have a chance to quickly draw up a power of attorney by hand, which does not require notarization.
The power of attorney must indicate:
- Passport details of the person to whom the car is registered;
- Passport details of the authorized person (for whom we are issuing a power of attorney);
- A list of actions that are allowed to be done with a vehicle, in our case - being behind the wheel;
- Vehicle registration details;
- Date of issue of the power of attorney (not older than 10 days) - it is better to leave this field blank and fill it in immediately at the time of stop.
It will not be possible to provide such a list of information in a minute and in a hurry, so we recommend preparing everything in advance, and not at the moment of a stop by the traffic police. By law, the driver is required to take out liability insurance within 10 days from the moment he receives the right to drive a vehicle, in particular from the moment he receives a power of attorney.
In the event of an accident due to the fault of a driver who is not included in the insurance policy, you will have to not only pay a fine, but also repair the vehicles damaged as a result of the accident.
I don’t have my insurance policy with me (forgot)
You will have to pay for leaving an insurance policy in an apartment, office or other place fine of 500 rubles. This violation is described in Art. 12.3 Code of Administrative Offenses Part 2. At the same time, the traffic police inspector has the right to equate a forgotten policy with a missing one, without breaking the law. In this case, the offense will be recorded under Article 12.37 of the Code of Administrative Offences, Part 2, and the fine will increase to 800 rubles.
If the traffic police officer does not attend the meeting, you have the right to supplement the protocol in writing with your disagreement with the fine due to the presence of the policy, adding that the policy was simply not on you at the time of the stop by the inspector.
However, in this case, you will have to come to the traffic police in person, this time not forgetting your insurance. Write an application requesting the revision of the article in the direction of mitigating the fine; a copy of the insurance policy must be attached to this application.
Evacuation of a vehicle for lack of insurance policy
Since 2016, the evacuation of vehicles to an impound lot due to lack of an insurance policy has been abolished. Amendments made in 2016 provide for the maximum penalty for lack of insurance in the form of a fine; removal of license plates and detention of the car no longer applies.
Penalty for lack of compulsory motor liability insurance for a certain period
Many car owners prefer to purchase insurance for a specific season, for example, winter and spring. The insurance policy is issued for a year, but is applicable only during the specified period (season).
If you are stopped during a period that is not covered by insurance, the fine will be 500 rubles.
Fine for lack of compulsory motor liability insurance for legal entities
Legal entities have the right to take out MTPL insurance for each car registered to the company. In addition, it is possible to take out a DSAGO insurance policy, which is applicable in a much larger number of cases.
Moreover, if the driver does not have insurance with him, it is not the legal entity who will bear the penalty. person, namely the driver.
How often can you be fined for not having insurance?
Do they rent rooms now?
Previously, traffic police inspectors had the right to remove license plates from a car if the driver was not included in the insurance, thereby prohibiting the operation of the vehicle. On November 15, 2014, they lost this right. Now license plates can be removed only in cases of malfunction of the brake system, steering, and also if the inspection ticket has expired.
https://youtu.be/EhFH5CLBhi4
If the driver did not insure the car at all, then he faces a fine of 800 rubles.
Moreover, if the owner and driver are different people, then responsibility falls on both, because Art. 12 of the Code of Administrative Offences, a fine is paid not only for the lack of a policy, but also for driving a vehicle by a person who knew that there was no insurance.
The driver, however, can “get out” if he convinces the inspector that he did not know about the lack of insurance.
However, in practice, crime is almost always accompanied by punishment.
Administrative Code does not see the difference between an expired and missing policy, so the fine remains the same - 800 rubles.
However, clarification is required: some companies sell “incomplete” policies. A standard policy is valid for one year, while an “incomplete” policy is valid for only six months.
Such semi-annual policies are the best option for summer residents who do not use a vehicle during the cold season.
The fine for an expired “reduced” policy is less – 500 rubles (according to Article 12 of the Administrative Code).
Even if the driver simply forgot to put the policy in the car, he is also responsible - he will have to pay 500 rubles for forgetfulness. A fine in this situation is not mandatory - the inspector may limit himself to a verbal warning if he decides that the offense does not pose a public danger.
The driver should remember the following nuances:
- If he has already paid a fine for lack of insurance at one post, this does not protect him from the same fine at the second.
- The policy must meet current design standards. If elements and signs required by law are missing, this is equivalent to the lack of insurance at all, which results in a fine of 800 rubles. That is why it is worth taking out a compulsory motor liability insurance policy only in the offices of well-known companies and avoid transactions with sales agents.
- If the policy is only a day overdue, this is already grounds for financial penalties.
The best solution to a situation where the driver is not included in the MTPL policy is to purchase new insurance. The insurer may offer to add a new name to the existing insurance, however, this operation also costs money.
An insurance policy in the Russian Federation is as important a document as a driver’s license. Many car owners underestimate the insurance situation by buying fake forms, without thinking that today you can check the authenticity of your MTPL policy online in a matter of minutes. To do this, you need to visit the RSA base. (Check details)
Fine for driving without insurance in 2018
Many experts point out that the ambiguous situation with insurance is provoked by the small size of sanctions. Today, the fine for driving without insurance, according to the new rules, ranges from 500 to 800 rubles. Agree, the amount is not critical for most citizens of the Russian Federation, so there is no fear of being fined. (You can see the table of all fines for violating traffic rules)
When driving with an expired policy, you will have to pay the same 800 rubles, since according to the law, a compulsory motor liability insurance policy that has expired is equivalent to its absence.
According to the Code of Administrative Offences, there is no punishment for repeated driving without a policy, therefore the driver will be issued a report on an administrative violation, where the amount required for payment will be the same 500-800 rubles. Many find this unfair, since repeated violations in most cases are punishable by an amount of 2 or even more times the original sanction.
If it is not included in the compulsory motor liability insurance, how much is the fine?
The current law indicates that the fine is 500 rubles. in a situation where the car will be driven by a driver who is not registered with OSAGO. However, in such a situation there are additional complications, since the matter will not end with the protocol. When driving a car by a driver who is not included in the compulsory motor liability insurance, the inspector will be obliged to suspend him from driving by sending the car to the impound lot. Accordingly, the owner of the car will pay for the tow truck and the simple car itself at the impound lot, who will be able to pick it up from there.
The prompt appearance of any person included in the policy will help resolve the current situation without detaining the car with subsequent evacuation to the impound lot. In case of an accident involving a driver who is not included in the MTPL, compensation for damage is also not provided.
Using these examples, it becomes clear why all potential drivers should be included in the policy.
Do they charge license plates for driving without insurance?
Removing rooms is a measure that is irrelevant today. So, if such a violation is detected, an administrative violation report will be issued against the driver. The amount to be paid will be from 500 to 800 rubles.
Fine for driving with expired insurance
When the agreement with the insurers has expired and the owner has not issued a new one on time, the traffic police inspector will consider this as a lack of insurance. Therefore, a fine of 800 rubles was issued.
Payment of fines for lack of insurance with a 50% discount
Any motorist will be able to pay a fine for driving a car without insurance with a 50% discount if he completes this action within 20 days from the day the decision on traffic violation was issued. The presence of the “benefits” is lost if the violation was repeated or the car was driven by a person not included in the compulsory motor liability insurance policy.
As a rule, the lack of insurance can be detected against the background of another violation, for example, exceeding the speed limit. In such a situation, if the driver is issued one administrative violation report, which indicates the lack of insurance and speeding by more than 40 km/h, he will not receive a 50% discount when paying a fine. This is explained by the fact that, according to the new rules, speeding is not included in the number of fines allowed to be paid at a discount. You can get a discount only if you have two protocols.
You can view the list of traffic police fines that cannot be paid at a discount.
Driving without insurance for legal entities
The Civil Code (its separate article) indicates that in such an administrative offense it is unacceptable to divide the offenders into individuals or legal entities, since there will be inequality in the punishment of the driver of the organization and the same person, the driver of a private car. Therefore, the law will always provide for the same responsibility and the issue of the size of sanctions for everyone. The currency for paying punishment under the protocol on an administrative offense is the Russian ruble.
Last updated February 2019
Every motorist is obligated to take out an MTPL insurance policy. At the same time, there are those who treat this duty negligently, completing it at the wrong time, incorrectly, or not completing it at all. We will tell you what consequences occur in different situations related to violations of administrative legislation on compulsory car owner liability insurance.
If insurance is not issued
What is the fine for driving without insurance provided for by the 2019 legislation? If the driver has not taken out an MTPL policy, problems will arise in two situations:
- Fine 800 rub- if the car is stopped by a traffic police officer and you will have to present an insurance policy upon his request.
- If there is an accident- in the event of an accident, the lack of insurance entails full compensation for damage by the at-fault driver in full. At the same time, 800 rubles for driving a vehicle without insurance will have to be paid in addition to the costs of compensation.
Administrative legislation provides for a situation where you can drive a vehicle without taking out insurance - after purchasing a car, within 10 days.
When an insurance policy is issued but forgotten by the driver
The minimum fine awaits those who insure their car, but do not have a policy with them:
- forgot at home
- lost
- left at work, etc.
Such a driver will have to pay a fine prescribed by law in the form of 500 rubles to the state, without taking into account other offenses that were the reason for communication with the inspector (see). In other words, traffic violations are considered separately, regardless of the presence or absence of a policy. The inspector will also need to provide evidence that the policy exists in nature:
- provide information to the insurance company
- contract number
- manager contact information, etc.
In practice, there are cases when it is difficult to provide evidence that the policy exists, but they forgot to take it with them. Then the traffic police representative will most likely draw up an administrative protocol on non-compliance with the requirements for issuing a compulsory civil liability insurance policy for the car owner (that is, he will indicate the fact that this document is missing).
Subsequently, you can challenge such a decision by filing an application addressed to the head of the traffic police, explaining the situation and attaching a copy of the issued policy. Then you'll have to pay not 800, but 500 rubles. Currently, almost every traffic police officer has the opportunity to check the availability of a policy under a special program that began operating in 2015.
To avoid problems, it is recommended to always have at least photocopy of the MTPL policy. Some drivers issue a policy electronically, then you need to keep a printout in the vehicle, since the unified database for electronic insurance is still being improved.
If the insurance is expired
Some drivers are still confident that after the insurance expires, it is still valid for 30 days. This rule has not been in effect for quite some time (since 2009), so the fine issued for an expired MTPL policy comes as a complete surprise to such motorists.
Thus, the OSAGO policy loses its legal force from the next day after the expiration date. A driver who finds himself in a situation with expired (even by 1 day) insurance faces a fine of 800 rubles. At its core, a late policy is equal to the absence of compulsory motor liability insurance.
Sometimes insurance is issued not for the whole year, as is usually the case, but for a certain period (for example, six months, indicating the months, for example: the season for summer residents is from March to October). If the driver finds himself driving at a time for which the policy does not apply, he will have to pay 500 rubles.
What is the fine if it is not included in the car owner's insurance?
When a car is driven by a driver who was not included in the insurance policy, the owner of the vehicle will be held administratively liable with the mandatory payment of a fine in the amount of 500 rubles.
If, due to your occupation or for some other reason, your car may be driven by other people from time to time, it is better to change your insurance to indicate an unlimited number of people who are allowed to drive (the insurance will indicate “without restrictions”). In this case, you will safely avoid a fine for driving without insurance in someone else's car.
In any case, the person who got behind the wheel of your car will need to issue a power of attorney (in simple written form), indicating the date, duration of the power of attorney and specific rights (management, registration, etc.). Read also or.
Other penalties for lack of insurance
In 2019, only a fine is applied for driving without a compulsory motor liability insurance policy. Previously, traffic police officers could restrict the operation of a vehicle only because the driver did not have MTPL insurance. Currently, inspectors do not have the right to remove license plates from a car or order the evacuation of a car.
Note that in the case of a forgotten policy or when a person is not included in the insurance, the amount of the penalty is not too high compared to other articles. At the same time, you need to understand that there may be several administrative penalties, so the total amount to be paid can be quite significant.
At the same time, changes in administrative legislation on the possibility of paying half of the fine within 20 days also apply to Article 12.37 of the Code of Administrative Offenses of the Russian Federation (violations of compulsory insurance rules).
It is quite possible that in the near future the fine for lack of compulsory motor liability insurance will be increased to 2,500 rubles, for which amendments have already been drawn up in the Code of Administrative Offenses of the Russian Federation.
Question answer
Question: I allowed my friend to “steer”; he was sitting next to me and was not included in the insurance. When the inspector stopped, it turned out that the friend had left his license at home. What fine do I face?
In accordance with Art. 12.3 of the Code of Administrative Offenses of the Russian Federation, you will be held administratively liable for transferring control of the vehicle to a citizen who does not have a driver’s license with him (a fine of 3,000 rubles), and also for the fact that a friend was not included in the insurance - a fine of 500 rubles.
Question: I left home without an MTPL policy, was stopped twice in one day - in the morning and in the evening, and issued two fines of 500 rubles each (for a forgotten policy). Is it legal to draw up two protocols in one day on the same basis?
The law does not provide for a period during which one can be held accountable for the absence of a “vehicle license.” In practice, the number of times the fact of lack of insurance is revealed by a traffic police officer (even if this is several times a day), the number of fines will be issued. In Moscow, for example, fines of this kind are issued on the basis of data from cameras, which are checked against a database - such photographs can be taken several times a day in different places, a protocol is drawn up for each fact.
Question: Taking into account the rise in prices for compulsory motor liability insurance policies, my brother, not being able to obtain insurance, forged it. The inspector issued a fine for lack of compulsory motor insurance and said that a criminal case would be initiated. Is it so?
Indeed, recently cases of counterfeiting of compulsory motor insurance policies have become more frequent. According to Article 327 of the Criminal Code of the Russian Federation, falsification of a document may entail punishment up to imprisonment for a term of 2 years. If it is not possible to prove that the policy was forged by your brother, then he will still be charged with using a knowingly forged document (part three of this article), punishable by a fine of up to 80,000 rubles.
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