Fine for driving without MTPL insurance
The fine for lack of compulsory motor insurance is the maximum penalty for driving without insurance. Gone are the days when, for such traffic violations, traffic police officers removed license plates and sent the car to an impound lot. On November 15, 2014, these measures were abolished, so all the inspector’s hints about evacuation are nothing more than an attempt to intimidate the driver.
However, this relaxation is not at all a reason to completely abandon the MTPL policy, because the obligation to enter into an auto liability insurance agreement still remains in force.
Next, we will consider each case separately, but first we will deal with who is still subject to administrative liability.
Who faces a fine for driving without insurance?
To understand who faces a fine for driving without insurance, let us turn to the text of Federal Law No. 40-FZ, or more precisely to its part 3, article 4.
According to this document, all categories of vehicle owners, except those listed in the list below, are subject to administrative liability for driving without insurance:
- Owners of vehicles whose maximum design speed does not exceed 20 km/h.
- Owners of vehicles not allowed to participate in road traffic on the territory of the Russian Federation.
- Organizations whose balance sheet includes military transport that meets the needs of the armed forces, with the exception of vehicles serving the economic units of military formations.
- Owners of cars registered abroad, subject to international Green Card insurance.
- Citizens who own passenger trailers.
- Owners of non-wheeled vehicles and trailers for them. This category includes vehicles on tracked, half-tracked, sled and other non-wheeled vehicles.
As you can see, the vast majority of car owners are subject to administrative liability, so it’s time to move on to the fines themselves and their amounts.
Amounts of fines for driving without MTPL insurance
The Code of Administrative Offenses of the Russian Federation (abbreviated as the Code of Administrative Offenses of the Russian Federation) provides for liability for driving without insurance in three cases:
- If the driver driving the vehicle does not have insurance with him (for example, he forgot it at home) - a warning or an administrative fine in the amount of 500 rubles (Article 12.3 Part 2 of the Administrative Code).
- Driving during a period not covered by the MTPL policy (do not confuse it with expired insurance) - an administrative fine of 500 rubles (Article 12.37 Part 1 of the Administrative Code).
- There is obviously no compulsory civil liability insurance policy (insurance was not issued or its validity period has expired) - an administrative fine in the amount of 800 rubles (Article 12.37 Part 2 of the Administrative Code).
Below we will look at each of these cases in detail. And the full table of traffic police fines for traffic violations can be downloaded here - there is also a list of the most “popular” fines in Russia.
Fine for driving without insurance (forgot at home)
The minimum penalty is provided for those drivers who forget their insurance at home. Each such episode can result in a loss of 500 rubles (Article 12.3 Part 2 of the Administrative Code). True, for this you still need to convince the inspector that the policy exists at all. The following can be cited as evidence:
- insurance contract number;
- name of the insurer;
- phone number of your insurance agent, who can confirm the information.
If the inspector remains deaf to all the arguments and explanations and issues a maximum fine of 800 rubles, the driver has the right to file a complaint addressed to the head of the traffic police, attaching a copy of the current MTPL policy. After consideration of the application, the amount of the fine will be reduced to 500 rubles.
To avoid becoming a hostage to such situations, keep your MTPL policy together with your other driving documents. In addition to this, make a copy and put it in the glove compartment.
Fine for driving during a period not covered by the MTPL policy
There is a separate category of drivers who take out an insurance policy for a short period. This service is especially popular among summer residents and allows them to pay for insurance only for the duration of the gardening season.
It is understood that the vehicle will not be used for a period not covered by the insurance contract. However, not all motorists attach due importance to this condition and get behind the wheel within the period not established by the policy. This violation is punishable by a fine of 500 rubles (Article 12.37 Part 1 of the Administrative Code).
Penalty for expired insurance or lack thereof
The holder of an expired MTPL policy is equated to violators who do not take out insurance at all, and is punished with a fine of 800 rubles (Article 12.37 Part 2 of the Administrative Code). In fact, this is driving without insurance, and having an expired policy does not help the matter.
The only relaxation applies to car buyers. They are allowed to drive a car without an MTPL policy during the first 10 days from the date of concluding a car purchase and sale agreement. This time is allotted for registering the car with the traffic police.
During the specified period, the driver, instead of insurance, can present the sales contract to the inspector. In all other cases, driving a vehicle without compulsory motor liability insurance is unacceptable.
What is the fine if the driver is not included in the insurance?
If the car owner gives control to a friend or acquaintance, he also faces a fine of 500 rubles (Article 12.3 Part 1 of the Code of Administrative Offenses of the Russian Federation). And this is only if everything is in order with your friend’s documents.
There are often situations when a person gets behind the wheel without having a driver’s license. In such cases, in addition to the fine for insurance, the owner of the car is also issued a receipt for 3 thousand rubles for transferring control to a person without a driver’s license (Article 12.3 Part 3 of the Administrative Code).
If the driver is not included in the insurance, another unpleasant situation may arise - an accident. Practice shows that after compensation for damage to the victim, insurance companies sue the owner of the car for the amount of losses incurred.
If you often entrust the management of your transport to third parties, then it will be more profitable to issue MTPL without restrictions. A small overpayment for the policy will relieve you of the risk of paying for damages in the event of an accident.
Let's sum it up
Many motorists consider the fine for driving without insurance to be insignificant (especially considering the possibility of paying the fine with a 50% discount), but this is only a first impression, and it can usually be deceiving. If we take into account that such sanctions can be applied repeatedly, their total amount will easily exceed the cost of the insurance policy itself.
In addition, we must not forget why insurance was invented in the first place. With a high degree of probability, it can be said that the person at fault for the accident will remember last about the fine for driving without compulsory motor insurance. After all, he will face much more serious problems.
Video: how many times can they be fined for driving without compulsory motor liability insurance?
Source: https://unit-car.com/narusheniya/242-shtraf-za-ezdu-bez-strahovki.html
Fine for lack of MTPL insurance
Good afternoon, dear reader.
In this article we will talk about a fine for lack of MTPL insurance , which can be imposed both on a driver who forgot to renew an expired MTPL policy, and on a driver who just left this policy at home. Naturally, the size of the fine in the first and second cases will be different.
Within the framework of this article, several situations will be considered that involve a fine for driving without insurance:
Let me remind you that a table of traffic police fines is available for download on pddmaster.ru, which also includes the amount of the fine for lack of insurance.
Fine for driving without insurance in 2018
First of all, let's consider the fine that is imposed on a driver who forgot his MTPL policy at home. Please note that we are talking about a forgotten insurance form, which is nevertheless valid and the driver is included in this insurance.
The punishment for driving without insurance in this case is provided for in Part 2 of Article 12.3 of the Code of Administrative Offenses and is a warning or a fine of 500 rubles .
Exactly the same penalty can be imposed on a driver who purchased compulsory motor vehicle liability insurance electronically, but did not print out the insurance policy.
As you can see, forgetting your MTPL policy is not so scary financially. For example, the fine for expired insurance is almost 2 times larger, but more on that later.
Fine for driving a car during a period not covered by the MTPL policy
In 2018, all MTPL contracts are concluded for 1 year. However, any driver has the opportunity to reduce the period of use of the vehicle.
For example, if a driver uses a vehicle only for trips to the country (in spring and summer), then he can buy a policy for 6 months.
In this case, the cost of the MTPL policy becomes less, however, you cannot drive the car all year round. Nevertheless, this service is popular among summer residents whose cars do not appear on the roads during the cold season.
So, for the departure of a “dacha resident” at the “wrong” time of year, Part 1 of Article 12.37 of the Code of Administrative Offenses provides for a penalty of 500 rubles .
Fine for a driver who is not included in the insurance
In this case, we are talking about driving a car by a driver who is not included in the MTPL policy. For example, such a situation may arise if you urgently need to get behind the wheel of an unfamiliar car and there is no time to renew your insurance.
The fine for a driver who is not included in the insurance will be 500 rubles (Part 1 of Article 12.37 of the Administrative Code).
Penalty for expired insurance
The last fine that will be discussed in this article is the penalty for the most serious violation of insurance rules. In this case we are talking about all situations that were not previously considered.
For example, we are talking about driving a driver who has expired insurance. A similar situation may arise if the driver forgot to renew the insurance policy in a timely manner.
The fine for expired insurance is 800 rubles .
The fine for the driver not having a compulsory motor liability insurance policy in principle will be exactly the same.
For example, if the driver decided after purchase not to insure the car at all.
Discount when paying fines for lack of compulsory motor liability insurance
In 2018, you can get a 50 percent discount when paying fines for lack of compulsory motor liability insurance. To do this, you need to pay the fine within 20 days from the date the decision on the administrative offense was issued.
In this case, instead of 500 rubles, you can pay 250 , and instead of 800 - 400 rubles .
You can find out more about discounts when paying traffic police fines in this article.
Evacuation to impound lot for lack of compulsory motor insurance
Quite often, drivers have a question about whether it is possible to detain a vehicle for lack of insurance. In 2018, evacuation of a car to an impound lot in the absence of compulsory motor liability insurance does not apply .
Until November 15, 2014, for the absence of compulsory motor insurance, traffic police officers also imposed a ban on operation, i.e. They took the license plates off the car. In 2018, this type of punishment is also not used.
Those. For the absence of compulsory motor insurance, the driver can only receive a fine. Other types of punishment are illegal.
Let me remind you that to purchase an MTPL policy, you currently need to have a valid diagnostic technical inspection card.
By the way, the emergence of the following illegal situation cannot be ruled out. The traffic police officer may try to convince the driver that a policy left at home is the same as an expired insurance policy. Those.
he may try to impose a fine of 800 rubles, instead of five hundred rubles. You must always be prepared for this and, if necessary, immediately prepare evidence for subsequent appeal of the protocol.
You can learn more about collecting evidence when communicating with police officers in the audio course “Secrets of communication with the traffic police.”
And finally, I suggest you watch a funny video about the traffic police negotiation table:
Good luck on the roads!
Source: https://pddmaster.ru/shtrafi/shtraf-za-otsutstvie-strahovki-osago.html
Fine for lack of MTPL insurance when driving a vehicle
The MTPL policy is one of three documents that, along with a driver’s license and vehicle registration certificate, the driver must have with him when driving. However, today you can only get a fine for driving without compulsory motor insurance; there is no provision for vehicle detention. But this certainly happens, for example, in the absence of rights or STS.
Let us recall that until November 2014, the Code of Administrative Offenses for some administrative violations provided for such a preventive measure as a ban on the operation of a vehicle, which included the removal of license plates. It is precisely this that drivers who do not have a valid MTPL policy often fall under.
By the way, this is the maximum punishment for this violation - sometimes it can be limited to a simple warning. However, everything should be told in order.
Forgot your MTPL policy at home
This is the most harmless of possible situations. For an MTPL policy left at home, the traffic police inspector has the right to:
- Give you a warning
- Fine 500 rubles.
Often, when checking documents, the absence of a policy in hand is classified by a traffic inspector as a more serious violation - expired insurance or its complete absence.
Here, the fine for lack of compulsory motor liability insurance will increase by only 300 rubles, but if this is important to you, take measures for the speedy delivery of the document or write down in the protocol that you do not agree with this decision, because You just forgot your current policy at home. Then within 10 days you will be able to appeal the decision and save the above amount.
Other violations of auto insurance laws
The Code of Administrative Offenses provides for two more cases related to non-compliance with the requirements of the law on motor insurance, for which a minimum fine of 500 rubles is provided:
- Operating a vehicle during a period not provided for in the contract;
- Operation of the vehicle by a person not included in the insurance.
Let us remind you that all contracts under compulsory motor liability insurance are concluded for a period of 1 year, but the period of operation of the car may be specified in them differently, for a period of 3 months or more.
Accordingly, the cost of insurance is reduced, but if you are stopped by a traffic police inspector with such insurance during a period for which the policy does not apply, you will have to pay a fine for lack of compulsory motor third party liability insurance (MTPL) of 500 rubles.
The same liability is provided if you have to drive, for example, a company vehicle, and you do not have time to include you in the insurance. But if a person included in the MTPL policy travels with you as a passenger, you will not break the law.
These two violations of the car insurance law are the most serious - the fine for them is no longer 500, but 800 rubles. Let us remind you that the Code of Administrative Offenses currently does not provide for prohibitions on the operation of a car in the form of removing license plates.
Let’s not speculate on how many drivers next year will decide not to spend money on increasingly expensive compulsory motor liability insurance, preferring, as a last resort, to pay a relatively low fine for its absence. Let’s just say that even the most experienced driver can become the culprit of an accident, so don’t take risks, especially since the maximum payment under compulsory motor liability insurance has now increased significantly and amounts to 400 thousand rubles.
You will be interested in:
Source: http://pravo-auto.com/shtraf-za-ezdu-bez-osago/
The amount of the fine for expired or missing MTPL insurance in 2018
Sometimes a citizen is forced to travel by car without having the appropriate documentation confirming the fact of having a compulsory insurance policy. In such a situation, it is important to know the limits of responsibility, clearly assess the situation, and understand the consequences. To do this, you need to figure out what the penalty for driving without insurance is today?
What the law requires
The legal norms, namely the Federal Law “On compulsory civil liability insurance of vehicle owners,” indicate that every person driving a vehicle must be insured. In fact, contrary to many misconceptions, a person does not insure the car, but personal liability.
This obligation applies to owners of all types of transport that are used in Russia. The only exceptions are objects that are expressly specified by law (for example, bicycles).
The person's liability is insured, that is, in case of damage to the property of third parties, damage to life or health, the damage is compensated not from the personal funds of the perpetrator, but by the insured - the company with which the corresponding agreement was concluded. For driving without insurance, the driver faces punishment under the Code of Administrative Offenses.
Liability for lack of insurance
The legislator has established certain sanctions for violating the requirements for the driver to have appropriate documentation. However, the limits of liability may vary depending on the circumstances:
- Actual lack of insurance (not taken out at all).
- The driver is not listed on the existing document (identification of specific drivers is not required if a so-called “unlimited” policy is used).
- The contract is expired (its validity period has expired).
- The driver does not have compulsory motor liability insurance in his hands, but was issued in accordance with the requirements of the law.
The limit of liability of the driver or owner of the vehicle will depend on the actual situation. In any case, driving without insurance has its consequences.
If the owner of the vehicle purchased the document via the Internet, he is not required to have a printed version with him. The inspector will check the policy data in the insurer's database.
Also, the car owner must remember that it is impossible to insure the vehicle in the absence of a vehicle inspection certificate. This document will be required both when drawing up a contract in the office and when drawing up via the Internet.
Penalty for the actual absence of a policy
If there is no insurance at all, then the consequences arise on the basis of Article 12.37 of the Code of Administrative Offenses (second part). The guilty person is fined for lack of insurance, which is equal to 800 rubles. Previously, until 2014, the lack of a document entailed additional punishment - the car was subject to evacuation, and the license plates were removed from it.
If the driver was not included in the policy
If, in fact, an agreement on compulsory motor liability insurance exists, but the person who is driving someone else’s car was not indicated in it, then he is subject to administrative liability in accordance with Article 12.37 (part 1). The penalty for driving without insurance in such a situation is 500 rubles.
The policy has expired
Before determining how long you can drive with expired insurance, you need to understand the consequences of this act.
At the moment, the legislation does not contain the concept of an expired OSAGO document at all. In fact, driving with expired insurance is the same as driving without it. Accordingly, administrative liability arises, the size of the sanction will be eight hundred rubles.
In some cases, the contract is drawn up for a certain period of use. As a rule, the policy is issued for a year, but a certain period is indicated when the vehicle can be used. If a car (or other equipment) is used outside this period, the citizen will have to pay a sanction in the amount of five hundred rubles.
The driver does not have a policy at the time of movement
If the document was nevertheless drawn up, but for some reason the person does not have it in hand while traveling, then the fine for such an act will be 500 rubles. However, a traffic police officer can issue a warning; the Code of Administrative Offenses norm allows this.
Table of fines for lack of insurance in 2018
| Type of violation | Amount of fine in rubles |
| The document was issued, but the driver does not have it | Part 2, art. 12.3, 500 rub. or a warning |
| The policy was not issued | Part 2 12.37, 800 rub. |
| Insurance expired | Part 2 12.37, 800 rub. |
| The person drove a car outside the permitted period | Part 1 12.37, 500 rub. |
| The citizen is not listed as an insured person | Part 1 12.37, 500 rub. |
It turns out that the fine for lack of insurance will vary from 500 to 800 rubles.
Is it possible to pay less?
Having committed an offense for which a fine is provided, there is the possibility of some savings.
In this case, the “discount” is provided absolutely officially, regardless of whether the expired insurance is paid for or the fact of its absence during the movement.
This innovation was included relatively recently and provides a fifty percent discount if the fine is paid within a period of no more than twenty days from the date the fine was issued.
Payment of half the fine is possible for all offenses related to driving vehicles, with the exception of those expressly specified in the law.
What other sanctions can be applied?
According to the new rules, two types of sanctions can be applied for driving without insurance - a fine and a warning. The vehicle cannot be sent to an impound lot; this measure was canceled back in 2014. Also, the vehicle was previously subject to a ban on operation, which was also cancelled.
It is worth remembering that a warning can be issued only in one case - if the vehicle manager forgot to take the document with him, but he actually has it. However, in this case, the traffic police officer can impose a sanction in the amount of five hundred rubles on the guilty person, everything will depend on the specific circumstances.
Companies have long been talking about the need to increase penalties for violating MTPL rules. Despite numerous discussions on this issue, the punishment has not yet been increased and remains at the same level.
If a citizen is involved in an accident, his guilt has been established, and there is no document on compulsory motor liability insurance, then the injured person has the right to compensation for the damage incurred in civil law. The guilty person will compensate for losses in the amount and on the terms established by the court.
Is it possible to drive without insurance? Obviously not. Failure to have a document confirming insurance, regardless of the reason, entails consequences. However, the reason may affect the size of the sanction.
In any case, the driver is recommended to always have a valid OSAGO document or not to use the vehicle, because in the event of an accident, civil liability may be applied to him in the form of compensation for damage to the injured person.
Source: https://AutoLawyer.guru/shtraf/shtraf-za-ezdu-bez-straxovki/
Driving without insurance, new fines in 2018
OSAGO|March 26, 2018737081 144 The fine for driving without insurance is 800 rubles , the amount is small, but the procedure is unpleasant, and it’s a pity for the wasted time. The inability to issue a policy is not the only reason for its absence.
It may be absent for the following reasons: the driver forgot the policy at home; the car is driven by a person not included in the document; And for each of them there is an administrative fine for insurance. In the table I have given a brief statement of violations and responsibility for them, the table can be printed and put in your car documents, I think it won’t harm you.
From November 15, 2014, if there is no insurance for the car, the removal of license plates and the ban on operating the vehicle are CANCELED. Now let's look at each point in more detail with excerpts from the Code of Administrative Offenses of the Russian Federation.
Fine for driving without an MTPL policy
If you have an MTPL policy, but for some reason you forgot your insurance at home, you will, of course, be given a fine for not having MTPL, but to be honest, this is the lesser of two evils, the fine for driving without MTPL will be 500 rubles. Article 12.3. Part 2.
“Driving a vehicle by a driver who does not have an insurance policy for compulsory civil liability insurance of vehicle owners, except for the case provided for in Part 2 of Article 12.
37 of this Code,
- entails a warning or the imposition of an administrative fine in the amount of 500 rubles.”
Fine for lack of insurance
The situation is more complicated if there is no insurance at all, the fine is 800 rubles. Until November 15, 2014, driving a car without insurance threatened to have the car towed and license plates removed. I am glad that this terror was canceled.
Article 12.37. Part 2. “Failure by the owner of a vehicle to fulfill the obligation established by federal law to insure his civil liability, as well as driving a vehicle, if such compulsory insurance is obviously absent,
- entails the imposition of an administrative fine in the amount of 800 rubles.”
Penalty for expired insurance
Please note that the administrative code of the Russian Federation does not contain the concept of expired insurance. If your compulsory motor liability insurance policy has expired, then this is EQUALIMATED to LACK OF INSURANCE. Driving with expired MTPL insurance is punishable by a fine of 800 rubles. There is no need to throw away an expired MTPL policy; it may be required in the future to restore the CBM.
Penalty for driving outside the period of use
To be honest, I myself did not immediately understand what the point was. But it turns out everything is as simple as always. Let's take an example: you took out a MTPL policy for 1 year, with the period of using the vehicle from April to October, in the so-called summer season.
But it turned out that you had to get behind the wheel in December. This is what driving will be like outside the period of use. In fact, it turns out that you have a policy (valid for 1 year), but the period of use is from April to October.
Driving a car outside the period of use threatens you with a fine of 500 rubles. Article 12.37. Part 1.
“Driving a vehicle during the period of its use, not provided for by the insurance policy of compulsory insurance of civil liability of vehicle owners
– entails the imposition of an administrative fine in the amount of 500 rubles.”
Not covered by insurance
“What is the fine if it’s not included in the insurance?” many drivers are surprised, because in fact there is insurance, well, it’s not included, yes, but the car is insured. Alas, in Russia at the moment it is not the car that is insured, but the driver’s liability to other road users.
And if your car is driven by a driver who is not listed in the insurance, but he has a license, for example, your wife was driving you from friends or a friend was driving, then the fine if not included in the insurance is 500 rubles. Article 12.37. Part 1.
“Driving a vehicle in violation of the conditions provided for in this insurance policy for driving this vehicle only by the drivers specified in this insurance policy
– entails the imposition of an administrative fine in the amount of 500 rubles.”
I think we have exhaustively answered the question of how much the fine is for lack of insurance, now about how to pay it and how many times you can be charged it.
How to check and pay a fine
You can check whether you have been issued a fine here: You can pay the fine in 2 ways:
- At the nearest bank or post office.
- Through the Internet:
These methods have nuances.
- Not all banks accept payments for traffic police fines.
- There is a commission, it is small, 40-60 rubles, but obligatory.
- You will receive a check in your hands, which will be confirmation of payment of the fine.
How many times can you be fined for driving without insurance within 24 hours?
We are often asked how many times a traffic police inspector has the right to fine you within 24 hours for lack of insurance. Moreover, the following provision of the Code of Administrative Offenses of the Russian Federation is cited as an argument: clause 5 of Article 4.1 of the Code of Administrative Offenses of the Russian Federation “No one can bear administrative responsibility twice for the same administrative offense” Article 4.1.
General rules for imposing administrative punishment 1. Administrative punishment for committing an administrative offense is imposed within the limits established by the law providing for liability for this administrative offense in accordance with this Code.2.
When imposing an administrative penalty on an individual, the nature of the administrative offense he committed, the identity of the perpetrator, his property status, circumstances mitigating administrative responsibility, and circumstances aggravating administrative responsibility are taken into account.2.1.
When imposing an administrative penalty for committing administrative offenses in the field of legislation on narcotic drugs, psychotropic substances and their precursors to a person recognized as a drug addict or consuming narcotic drugs or psychotropic substances without a doctor’s prescription or new potentially dangerous psychoactive substances, the judge may impose a duty on such person undergo diagnostics, preventive measures, treatment for drug addiction and (or) medical and (or) social rehabilitation in connection with the use of narcotic drugs or psychotropic substances without a doctor’s prescription or new potentially dangerous psychoactive substances. Control over the fulfillment of such duties is carried out by authorized federal executive authorities in the manner established by the Government of the Russian Federation.2.2. In the presence of exceptional circumstances related to the nature of the administrative offense committed and its consequences, the personality and property status of the individual brought to administrative responsibility, the judge, body, official considering cases of administrative offenses or complaints, protests against decisions and (or) decisions on cases of administrative offenses may impose punishment in the form of an administrative fine in the amount less than the minimum amount of the administrative fine provided for by the relevant article or part of the article of Section II of this Code, if the minimum amount of the administrative fine for citizens is at least ten thousand rubles, and for officials - not less than fifty thousand rubles.2.3. When imposing an administrative penalty in accordance with Part 2.2 of this article, the amount of the administrative fine cannot be less than half the minimum amount of the administrative fine provided for citizens or officials by the relevant article or part of the article of Section II of this Code.3. When imposing an administrative penalty on a legal entity, the nature of the administrative offense committed by it, the property and financial position of the legal entity, circumstances mitigating administrative responsibility, and circumstances aggravating administrative responsibility are taken into account.3.1. In the cases provided for in Part 3 of Article 28.6 of this Code, administrative punishment is imposed in the form of an administrative fine. In this case, the amount of the imposed administrative fine must be the smallest within the sanction of the applicable article or part of the article of Section II of this Code, and in cases where the sanction of the applied article or part of the article of Section II of this Code provides for administrative punishment in the form of deprivation of the right to drive vehicles or administrative arrest and there is no provision for administrative punishment in the form of an administrative fine, administrative punishment is imposed in the form of an administrative fine in the amount of five thousand rubles. 3.2. In the presence of exceptional circumstances related to the nature of the administrative offense committed and its consequences, the property and financial status of the legal entity brought to administrative responsibility, the judge, body, official considering cases of administrative offenses or complaints, protests against decisions and (or) decisions on cases of administrative offenses, may impose a punishment in the form of an administrative fine in an amount less than the minimum amount of the administrative fine provided for by the relevant article or part of the article of Section II of this Code, if the minimum amount of the administrative fine for legal entities is not less than one hundred thousand rubles. 3.3 . When imposing an administrative penalty in accordance with Part 3.2 of this article, the amount of the administrative fine cannot be less than half the minimum amount of the administrative fine provided for legal entities by the relevant article or part of the article of Section II of this Code.4. The imposition of an administrative penalty does not relieve a person from fulfilling the obligation for non-fulfillment of which the administrative penalty was imposed.5. No one can bear administrative responsibility twice for the same administrative offense. Legal norms exclude the possibility of issuing 2 or more decisions on the imposition of administrative punishment in the same case. That is. If you were stopped by a traffic police inspector and issued a fine for lack of insurance, then this is a completed offense and you cannot be fined for it a second time, but if you continued driving after 10 km. A traffic police inspector stopped you and issues a fine again for lack of insurance, then this is a new offense (another time, another place of the offense, etc.) and this can continue repeatedly! Since, in accordance with clause 2 of Article 19.2 of the Federal Law “On Road Safety” traffic”, operation of a vehicle without insurance is prohibited! “Operation of vehicles whose owners have not fulfilled the obligation established by federal law to insure their civil liability is prohibited.” Article 19. Grounds and procedure for prohibiting the operation of vehicles 1. It is prohibited to operate vehicles if they have technical faults that pose a threat to road safety. The list of vehicle malfunctions and the conditions under which their operation is prohibited are determined by the Government of the Russian Federation.2. It is prohibited to operate vehicles whose owners have not fulfilled the obligation established by federal law to insure their civil liability.2.1. It is prohibited to operate vehicles by persons under the influence of alcohol, drugs or other toxic substances.3. The prohibition of the operation of a vehicle is carried out by authorized officials. Based on the above, the actions of the traffic police officer in this situation are legal. And you urgently need to purchase an MTPL policy!
The first program about the fine for UISAGO
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Source: https://proins.ru/avtostrakhovanie/osago/1030-ezda-bez-strakhovki-shtrafy
Current fines if there is no compulsory motor liability insurance or it is expired. Legal advice: is it possible to mitigate or avoid punishment?
By law, every motorist, while driving, must have a valid MTPL policy with him. Anyone who violates these requirements will face trouble when meeting with traffic police officers. Let's see what can await you in such a situation.
○ Fines for driving without MTPL insurance
Speaking about liability, it is necessary to remember: different measures can be applied to the driver depending on whether he has insurance at all (let’s say you honestly received a policy - but the trouble is, you forgot it at home), whether it is valid now, and also on a number of other circumstances. Therefore, we will look at different situations in which the driver will have to respond.
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✔ Forgot/left insurance at home
This case is the simplest. If insurance under compulsory motor liability insurance has been taken out, there is a policy, and it is issued to the right person, the driver will only face a fine of 500 rubles.
Formally, Part 2 of Art. 12.3 of the Code of Administrative Offenses of the Russian Federation, which provides for this type of fine, allows the inspector to limit himself to an oral warning - however, this rarely happens.
In financial terms, this measure is not so scary for most drivers. That's much worse. that information about the fine will be included in the database and will remain there for a year.
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✔ Driving a vehicle during periods not covered by insurance
The MTPL policy is traditionally issued for a year. However, the law allows the driver to reduce this time by excluding certain periods from the year. This opportunity is often used by drivers who actually use their car only in the warm season: less MTPL coverage means less pay for it.
However, if during the period when the MTPL policy is not valid, you still get behind the wheel, you will have to answer under Part 1 of Art. 12.37. Here, even the most loyal traffic police inspector will not be able to just warn: this provision of the code does not allow such a replacement, you will have to pay in any case. The fine will be the same 500 rubles.
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✔ Not included in the policy
Part 1 art. 12.37 also applies if the car is driven by a person who is not specified in the policy. Under the terms of OSAGO, civil liability is insured, which is personally borne by each car owner.
Insurance companies allow you to include other people in the list of people who are allowed to drive - however, if a person who is not insured gets behind the wheel, you will have to pay the familiar 500 rubles for such driving.
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✔ Insurance is expired
In the event that the driver has a compulsory motor liability insurance policy, but its validity has expired, then the liability will be under Part 2 of Art. 12.37. A driver who fails to fulfill his insurance obligations will also face a fine. However, its size will be much higher - no longer 500, but 800 rubles.
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✔ No insurance
What will happen if a person tries to drive who has never entered into an MTPL contract with any insurance company? Here, too, the same rule applies as in the previous case: expired insurance and missing insurance are the same thing from the point of view of the law.
The fine here will be the same and for the same part of the article - 800 rubles.
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○ Evacuation to the impound lot and removal of license plates
Separately, it is worth mentioning what traffic police inspectors have the right to do in relation to the violator. Can they prohibit driving and tow the car to an impound lot?
In reality, no longer. Such measures of influence were actively used earlier, but in November 2014 they were removed from the Code of Administrative Offences. Now the driver only faces a fine. The inspector no longer has the right to remove license plates, take away licenses or prohibit further movement.
Moreover: even if the driver is detained again, and he again finds himself without a policy, no additional liability is provided for this. Unlike some other offenses, here there will be a second punishment under the same article and with exactly the same fine amount.
Many drivers have a question: can they be fined again for the lack of compulsory motor liability insurance or for an inactive policy? This question, it should be noted, is quite tricky.
On the one hand, part 5 of Art. 4.1 of the Code of Administrative Offenses reads as follows:
- “No one can be held administratively liable twice for the same administrative offense.”
That is, if an inspector stopped a driver, discovered a lack of insurance and issued a fine, then he no longer has the right to fine him a second time at the same place.
However, the trick is that the protocol records the time when the offense was discovered (in our case, driving without an MTPL policy). But if the driver did not draw any conclusions from this and continued driving, this means that he continues to commit offenses, even if they are similar.
The next traffic police inspector has the right to fine him again - and the fine already imposed will not affect anything.
This situation can be compared to what happens with another type of violation - speeding. The fact that the driver was fined for speeding on Sadovaya Street does not mean that he can continue to drive recklessly on Parkovaya Street on the same day - these will be two violations, and he will have to pay two fines for them.
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○ Is it possible to mitigate the punishment or fine?
Now let's see how the driver can try to soften his consideration. Here we can give the following advice:
- If the policy has been issued in principle, but forgotten, tell the inspector the name of the company where you were insured, the date of issue, and the contract number (if you remember). This will allow him to check whether such an agreement exists - and the fine will be less. Since 2015, you can check the availability of a policy even from a mobile device (tablet, smartphone, even mobile phone).
- If a fine of 800 rubles is issued for lack of insurance, but you actually have a policy, appeal the fine to the head of the local traffic police or to court. This must be done within 10 days. A missed deadline can be restored, but only if the reason was valid.
- If a fine is nevertheless imposed, do not forget to pay it. Otherwise, you may be charged double the amount. Checking the fine is now available online.
- If you pay the fine no later than 20 days from the date of imposition, you can only pay half the amount. Art. 32.2 of the Code of Administrative Offenses of the Russian Federation from January 1, 2016 allows this.
Well, in general, one thing can be said: the most reliable way to avoid a fine is to get insured and do not forget the policy.
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How will you be punished for driving without a license and insurance? About this, watch the episode of the program “Right of the Steering Wheel”
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Published by: Vadim Kalyuzhny , specialist of the TopYurist.RU portal
Source: http://TopUrist.ru/article/53806-shtrafy-esli-net-osago.html
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