Any vehicle is a source of increased danger. Not only his life depends on the skill, experience and professionalism of the driver, but the life, safety and health of all road users. Cases of accidents when a teenager is driving without a driver's license, proper driving experience and dexterity are no longer a rarity. So, for example, on June 19, 2018 at 10:19 p.m., in the city of Slavgorod, on Titov Street, the intersection with Mamontova Street, a minor driver born in 2002, without the right to drive a vehicle, drove a Kawasaki ZZR400 motorcycle, unable to maintain a safe interval of distance to the front a moving vehicle, collided with a VAZ-21213 car, which was moving in the same direction. As a result of the accident, 2 minors were injured.
I would like in this article to reveal several issues that are most relevant during the summer holidays.
Minor driving - what is the punishment for this offense?
A minor cannot drive a vehicle without a driver's license, be it a car, motorcycle or scooter.
What if a minor is caught driving?
> According to Art. 12.7 part 1 of the Code of Administrative Offenses of the Russian Federation, a person who drives a car and does not have the right to do so (with the exception of training driving) will be subject to an administrative penalty of 5 to 15 thousand rubles. Also, a minor driver will be deprived of the right to drive a vehicle, and the car itself is delayed and sent to a car impound.
At what age is it allowed to drive a moped, motorcycle or car?
* You can drive a moped (right category M) from 16 years old.
* To drive a motorcycle, the engine capacity of which is up to 125 cm3 (right category A1) is allowed for persons who are 16 years old.
* It is possible to obtain a motorcycle driver's license (category A rights) upon reaching the age of 18.
* You can get a driver's license to drive a car (right category B) from the age of 18.
I would like to clarify right away: you can study in category A-B even from the age of 16, however, you can get a license and personally drive a car or motorcycle only after reaching the age of majority.
Responsibility for transferring the steering wheel to a minor
Also, this will not pass without a trace for the owner of the vehicle who transferred control of the car to a minor. So what is the penalty for the owner of the car in this case? According to Art. 12.7 h. 3 of the Code of Administrative Offenses of the Russian Federation for the transfer of the steering wheel to a minor is punished.
> The transfer of the steering wheel to a minor without a license is punishable by an administrative fine of 30 thousand rubles. The car will accordingly be detained and sent to a car impound, with all the ensuing consequences.
What happens if the underage driver is drunk?
The punishment for driving a vehicle by a minor is aggravated if the driver was drunk while driving. What penalty threatens the owner of the car is also indicated in the Code of Administrative Offenses of the Russian Federation. In this case, the owner of the vehicle will have to pay a fine of 30 thousand rubles and may be deprived of the right to drive a vehicle for a period of one and a half to two years.
If the offense is recorded for the second time, then the amount of the fine will increase to 50 thousand rubles, and the rights can be deprived for up to three years. A person who has not reached the age of majority and, accordingly, does not have the right to drive a car, who is in a state of intoxication at the time of driving a vehicle, is not subject to administrative arrest. In this precedent, according to Art. 12.8 part 3 of the Code of Administrative Offenses of the Russian Federation, a minor violator is threatened with a penalty in the amount of 30 thousand rubles.
Additional penalties
It must be remembered that the owner of the vehicle must perform the functions established by federal law regarding civil liability insurance and vehicle management. Accordingly, a teenager driving a car due to minority cannot be included in the OSAGO insurance policy, and this is already a violation of Art. 12.37 h.2 of the Code of Administrative Offenses of the Russian Federation.
Violation of this paragraph of the Code of Administrative Offenses of the Russian Federation is fraught with an administrative penalty in the amount of 800 rubles for the car owner.
If a minor violator of the Rules of the Road does not have independent earnings, then in accordance with Article 32.3, Part 2 of the Code of Administrative Offenses of the Russian Federation, a fine will be levied from parents or any other legal representatives. In addition, material about the offense may be transferred to the commission on juvenile affairs.
> Also, parents or any other legally authorized representatives of a minor may be held administratively liable in accordance with Art. 5.35 p.1. Code of Administrative Offenses of the Russian Federation. This article states that for failure to fulfill or unfair fulfillment of their obligations to educate and support a minor, parents or other legal representatives of a teenager, in accordance with the Code of Administrative Offenses of the Russian Federation, may be issued a warning or a fine in the amount of 100 to 500 rubles. After all, no one else, and parents are responsible for the actions of their children.
Traffic Promotion Inspector
OGIBDD MO MIA of Russia "Slavgorodskiy"
police lieutenant T.S. Kondratiev
A car is a source of increased risk, so not everyone can drive it. Even without knowledge of the legal nuances, it is clear that persons under the age of majority should not be trusted to drive a vehicle.
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But, unfortunately, in our time, a minor driving is not uncommon. Since such a situation can lead to catastrophic consequences, penalties will be applied to parents or guardians. Let's find out at what age a child can drive a vehicle, and what is the fine for a minor driving.
Age restrictions for driving a vehicle
According to the legislation of the Russian Federation, minors do not have the right to drive cars and trucks until they reach the age of majority. In turn, a person becomes an adult from the age of 18 - from that moment on, he can pass on the rights, and only if they are available, drive a car.
At the same time, there are special categories of transport, such as a motorcycle and a moped. The rules for driving this transport are a little softer for minors. In the following sections, we will consider in more detail the subtleties of controlling various vehicles by persons under the age of 18.
Moped
A moped is a two-wheeled or three-wheeled vehicle that accelerates up to 50 km/h. It is necessary to distinguish between a motorcycle and a moped: for example, the first vehicle is able to go much faster than the second. Therefore, it is considered safe for teenagers.
Now on the roads you can often meet young people moving on a moped. This is not surprising, because from the age of 16 any teenager can ride this vehicle. But for this, it will also be necessary to take courses at a driving school to obtain a special driver's category "M". Rights with this category allow the owner to drive mopeds and quads.
Automobile
Around the question: “Can minors drive a car?” Until recently, heated debates flared up, but now experts have made a unanimous decision: persons under the age of 18 should not drive, because this can lead to a sharp increase in the number of accidents. According to experts, teenagers are not attentive enough and responsible enough to trust them to drive a car.
Thus, in order to have the right to travel on the roads in a passenger car, you must meet the following criteria:
- Reach adulthood;
- have a driving license of category "A" or "B". To do this, you need to attend a driving school.
Important! A person can get a category “B” driver's license from the age of 16, but it is only allowed to drive on the roads with them from the age of 18.
Motorbike
A motorcycle is considered a more dangerous vehicle, therefore, special conditions for driving it are prescribed in the legislation:
- From the age of 16, any teenager has the right to pass the rights to the driving category "A1". This category gives the right to drive motorcycles with an engine capacity of not more than 125 square cm. It is considered that such a vehicle is safer, as a result of which the risk of a traffic accident is reduced;
- from the age of 18, a person has the right to drive a motorcycle with any engine size: for this, it is necessary to pass on the rights and obtain a category “A” driver's license.
Important! In the same way as with a car, a person can pass on the rights of category "A" starting from the age of 16, but they can only be used upon reaching the age of majority. If this rule is violated, the parents of a teenager face a fine.
Features of the legislation
The legislation of the Russian Federation distinguishes persons under the age of 18 into a special category of citizens when it comes to driving a vehicle. So, you can not allow a minor to drive. The punishment for this can be quite unprofitable financially.
But at the same time, it is worth knowing some legislative nuances:
- minority is a mitigating circumstance that facilitates administrative responsibility. This is indicated in article 2, the ninth paragraph of the Code of Administrative Offenses of the Russian Federation;
- according to article, paragraph 3 of the Code of Administrative Offenses, in case of violation of traffic rules by a minor, the case is considered by the traffic police of the district in which the teenager is registered;
- article, paragraph 5 of the Code of Administrative Offenses of the Russian Federation states that the case must be considered with the participation of the offender's parents;
- parents or guardians of a teenager driving a car must necessarily notify of an administrative offense, in accordance with article 4 of the Code of Administrative Offenses.
Conducting cases on administrative violations committed by minors has many nuances that you should be aware of if you or your child find themselves in a difficult situation.
Penalties for a minor driving
Driving a car by a person under the age of 18 is a fairly serious offense. Accordingly, it provides for large fines, the size of which can hardly be compared with other penalties for violation of traffic rules.
Depending on whether there were any aggravating circumstances (drunk driving, actions of a minor led to an accident, etc.), the amount of compensation varies. Consider what kind of fine threatens if a minor is driving, penalties for his parents.
Driving under the influence of alcohol
Even novice drivers are well aware that drunk driving is strictly prohibited: this is one of the most serious offenses in traffic practice. But if the driver was also drunk while driving, this is a double violation of traffic rules.
Depending on the circumstances of the case, the amount of the fine varies:
- According to the article of the code on administrative violations, if the traffic police inspector finds that the car is driven by a person under the age of majority, plus the teenager is in a state of intoxication, his parents or guardians face a fine of 30,000 rubles. Moreover, the amount of the fine will be the same in any case, even if the person drank only a couple of cocktails;
- there are also often situations when a minor citizen legally obtained the rights of category “M” (for driving a moped), but at the same time the traffic police inspector stopped him while intoxicated. Then, in addition to a fine of 30,000 rubles, a negligent teenager faces deprivation of rights for up to two years.
As we can see, in almost any case, the parents of a teenager will have to pay a rather large amount for drunk driving - 30,000 rubles. This is due to the fact that the offense is considered a double offense: a minor is driving and driving while intoxicated.
For car owner
If a traffic police officer stops a minor at the wheel, he, first of all, will record the number of the vehicle and find its owner. As a rule, one of the parents of a negligent teenager turns out to be the owner of the car. The owner of the car is easy to calculate by the state registration number, which is individual for each vehicle.
Since penalties and administrative arrest are not applied to minors, claims will be made against the owner of the car:
- If a teenager was caught driving drunk for the first time, the car owner faces a fine of up to 30,000 rubles or deprivation of a driver's license for up to two years;
- if the offense was committed by the same teenager in the same car, the amount of the fine increases to 50,000 rubles. In addition, the owner of the car is threatened with deprivation of a driver's license for three years.
For parents
Since a minor cannot be held administratively liable, according to the legislation of the Russian Federation, the parents or guardian of the offender will have to pay the fine.
The amount of penalties depends on the situation:
- If the situation happened for the first time, the amount of the fine is 30,000 rubles. You also need to keep in mind that for the transfer of the steering wheel to a minor child, the amount of payment is the same;
- repeated stop of a teenager driving a car threatens with a fine of up to 60,000 rubles;
- for drunk driving for the first time, the amount of penalties applied to parents is 30,000 rubles. For a repetition of the situation, its amount increases to 50,000 rubles, in addition, the parent who allowed this can be deprived of a driver's license for up to 3 years.
Other punishment
The age at which you can get a license depends on what category the future driver receives. Mostly, You must be of legal age to qualify.
An exception is obtaining rights of category M and A1. From the age of 16 you can drive mopeds and light quadricycles(M), as well as motorcycles with certain technical parameters: the volume of the internal combustion engine is not more than 125 cubic centimeters, the maximum power should not exceed 11 kilowatts (A1).
Driving license categories A, B (B1), C (C1) can be obtained upon reaching the age of majority. Recall: category A - these are motorcycles, B - all cars with a maximum of 8 seats (excluding the driver's seat), including minibuses, B1 - tricycles and quadricycles, C - heavy trucks, including those with a trailer, C1 - light trucks, trailer allowed.
Attention! The rights of category C and C1 do not give the opportunity to drive a car.
There are special categories of rights, which can only be obtained from the age of 21. These are categories D (buses), Tb (trolleybuses) and Tm (trams).
What threatens a minor for driving a vehicle?
Under the law for driving without a license of minors, their parents will be responsible. The only thing that threatens a minor- this is a preventive conversation with employees of the juvenile department, where he will be registered.
Consider the situation:
Taking advantage of the absence of his father, a 15-year-old teenager got behind the wheel of a car. Violating the rules of the road at the intersection, a minor who, by the way, got into an accident (read the article), received a concussion and multiple bruises. Both vehicles sustained significant damage.
In this situation, information about this offense will be sent to the police department, where the minors will be subject to the measures described above, and parents will be held accountable.
What is the responsibility of the owner of the vehicle, allowing a minor to drive?
Of course, a parent who allowed a situation in which a vehicle was driven by his minor child (except for training driving) is subject to administrative liability. Previously, the fine for driving a vehicle by a minor was 2,500 rubles., which, of course, will not scare anyone.
What is the punishment for a minor driving now?
Legislation has been tightened and Now the fine for such an offense is 30,000 rubles.. Perhaps, at least now, adults will think before allowing their children to drive a car, to which he has no right. It is possible that in the future the law will only become tougher.
Unfortunately, many motorists do not realize what danger they expose others by allowing a minor to drive a car. Every year, accidents occur on the roads of our country, where both teenagers who were entrusted with a car and pedestrians die.
think about it what knowledge and experience a driver should have in order to be sure that he will cope with driving a car. Why not let your child come of age and get the rights, because in this way you may be saving his life.
The responsibility of minors for driving a car is regulated by the Code of Administrative Offenses. It also establishes that such a person is a teenager who has not reached 16 years of age. But there are a number of subtleties in this matter, and in the article we will find out what will happen if a 12, 13, 14, 15-year-old or younger is caught driving a car in 2020, what will be for the transfer of control, will the minor be registered with the police , as well as situations when he was drunk and / or got into an accident.
What happens if a minor driving is stopped by the traffic police?
Absolutely nothing. The fact is that persons who have not reached the age of majority are not liable for administrative offenses.
So, the Administrative Code does not contain such a thing as a minor at all. But the Code of Administrative Offenses says that if a person is under 16 years old, then he cannot be punished. But there is a more specific rule for punishing young men - Article 24.3 of the Code of Administrative Offenses:
1. Proceedings in a case on an administrative offense cannot be started, and the initiated proceedings are subject to termination in the presence of at least one of the following circumstances:
...
- the absence of an administrative offense, including failure by an individual at the time of committing illegal actions (inaction) of the age provided for by this Code for bringing to administrative responsibility(with the exception of the case provided for by part 3 of this article), or the insanity of an individual who has committed unlawful actions (inaction);
Thus, the responsibility of such persons is not provided for by the current norms of the law. If a minor is caught driving a car without a license, then as of 2020 he is not in danger of anything ... Well, or almost nothing - there will still be an evacuation and a number of subtleties that we will discuss below.
Can they be right?
No. The rights of management for persons under the age of 16 cannot be in principle.
According to federal law " About road safety", the earliest age at which a person can obtain such a right is just those same 16 years. And we are talking about category M, which gives the right to drive mopeds and scooters with an engine capacity of less than 50 cm 3. From the age of 17, young people can drive motorcycles with a volume of 125 cm 3, and cars and motorcycles - only from 18 years old.
Is there an evacuation?
Yes. In this case, the case cannot be initiated, since the driver of the car is a minor without a license. Otherwise, the person would be liable under part 1 of article 12.7 of the Code of Administrative Offenses with a fine of 5-15 thousand rubles.
But in our case, we are talking about the suppression of a violation that falls under this sanction. And there is Article 27.13 of the Code of Administrative Offenses, which prescribes that it is in order to prevent violations of the above norm that the car must be evacuated to a car impound. And it doesn't matter if a minor is caught driving or an adult.
But the evacuation is illegal if there is a driver in the car with a minor who has the right to drive it - he has a driving license, a registration certificate, and he is included in the OSAGO policy. Or if such a person arrives before the tow truck (more precisely, before the tow truck starts moving with the loaded car).
Will they be registered with the police?
No. Although the current legislation for 2020 provides for the registration of a minor for driving a car - specifically for any administrative violation (this is regulated by Order No. 845), in fact, they are not registered for one-time such violations. And if a minor is caught again, then they can, but also with a not one hundred percent perspective.
Transferring the steering wheel to a minor
And now we finally got to the first legal fine. He relies on a car for a minor.
The fine is quite impressive - it is 30,000 rubles, the person who handed over the steering wheel to the youngster is liable. But who is this face? This is not the owner - the current law separates the concepts of the owner and the owner of the vehicle, and it does not have to be the same person, the owner of the car. The transfer consists precisely in the actual transfer of control - keys and documents to the car.
But in practice, they still attract the owner of the car - the one who is listed in the STS and the last in the TCP.
How to avoid a steering penalty?
There is a loophole here, but it will end very badly for the minor without rights. It consists in the fact that the only way to prove that you did not transfer control is to declare that the teenager himself took possession of the car against your will. This is called theft, and upon this violation, a criminal article is already initiated.
That is, if the person who is accused of transferring control explains that a minor who was caught driving a car stole, according to him, a police officer writes down these statements, and the first one signs, then a criminal case will be initiated under article 166 of the Criminal Code, and this it will end very sadly for a teenager (part 1 of the article). It will end even sadder if he was caught in a stolen car by traffic police officers with friends (parts 2 and 3).
Stopped a drunk minor driving a car
In this case, the consequences for everyone will be almost the same as described above:
- the absence of a fine for driving a minor driving a car (including drunk),
- a fine of 30,000 rubles for the transfer of control,
- evacuation to a car impound if there is no one in the car who can drive it.
But still, there is a difference between whether such a person is caught sober or drunk - if a minor or, even worse, drug intoxication, then with a high degree of probability he will be registered in a psycho-neurological dispensary with all the ensuing consequences from this.
If a person under the age of 16 has been involved in an accident
In this case, the punishment will also not follow in the administrative part. But civil liability, according to part 3 of article 26 of the Civil Code, such persons bear.
What is the difference between civil liability and administrative liability? If the latter is deprivation of rights, evacuation, arrest and other administrative measures, then civil is liability for harm caused to others. This means that if a minor at the wheel gets into an accident in which he harms another car, then it is he who must compensate for the damage.
But we also have bad news for people under 14 years old - in this case, parents, guardians or other trustees are responsible for him in civil cases.
But if a minor without rights caused serious harm to health or people died in an accident because of him, which falls under criminal liability, then nothing will happen to him again. The Criminal Code, unlike the Code of Administrative Offenses, provides for the liability of minors only from the age of 18. But from the age of 14, they can be subjected to compulsory education - we are talking about a juvenile colony.