Many car owners are concerned about how they may be punished or fined if they are stopped by a traffic police inspector and do not have insurance for 2017 under compulsory motor liability insurance. There are many situations in which a motorist may not have car insurance:
The MTPL policy may not be issued;
The driver might have forgotten it at home;
The policy may be expired;
Transferring the steering wheel to a person not included in the MTPL policy.
Since the listed situations are, in fact, different violations, each case should be considered individually.
Fine for transferring control of a vehicle to a person not included in the MTPL insurance
If a car driven by a person not specified in the MTPL policy is stopped, the fine in 2017 will be 500 rubles.
If such a driver turns out to be the culprit of the accident, the insurer will pay compensation in any case, since the vehicle was insured. However, after the payments, the insurance company can file a claim in court against the person responsible for the accident and demand a refund of the money.
To prevent this from happening, you can take out unlimited insurance. It will, of course, cost more, but the car owner will be able to entrust his car to any person who has a driver’s license, without fear that something will be violated.
Fine for driving a car without an insurance policy
In addition to the violation described above, another situation occurs - this is when a motorist does not have a policy. The amount of the fine may vary, depending on the specific circumstances.
Many drivers are interested in what could happen if he forgot his MTPL car insurance at home, and what kind of fine he will face for this oversight. In this case, you should read Art. 12.3 part 2, which states that for such a violation the driver will be fined 500 rubles.
Note to the driver! To confirm his words that insurance is available, the motorist can ask the traffic police officer to run his vehicle through the database; all information about insurance should be there.
But if a car owner decides not to take out car insurance, then he will face a fine of 800 rubles for not having a compulsory MTPL insurance policy in 2017. If the person driving the car and its owner are different people, then both will be fined. The first will be punished for driving a car without insurance, and the second for not taking out a policy. This article provides for penalties both for the lack of an insurance policy and for driving a vehicle without insurance.
The motorist must know! In the administrative code there is a concept - expired car insurance. So, if the policy is expired, it means that the driver no longer has an MTPL policy and he will be fined 800 rubles for expired insurance in 2017 under MTPL.
It should also be noted that the car is used at the “wrong time”. There are motorists who take out short-term insurance for three months or six months. Such auto insurance is usually used by summer residents who practically do not travel anywhere in winter.
But if such a driver is stopped by a traffic police inspector during a period that is not specified in the insurance, then he will be fined 500 rubles. If this did not happen, it is important to decide in advance during what period the car will be used. All these nuances must be taken into account when applying for an insurance policy. Otherwise, the car owner will have to save money for penalties.
Evacuation of vehicles to impound lot for lack of MTPL auto insurance
Many motorists are interested in whether their car can be towed to an impound lot for lack of car insurance. In 2017, evacuation of a vehicle to an impound lot if the driver does not have a compulsory motor liability insurance policy with him is not applicable. So, the owner of the car will only have to pay a fine of 800 rubles. for driving a car without insurance.
Previously, registration numbers could be removed from the car for this, but today this is not the case.
It is useful for the driver to know that if the fine for a violation is paid within 20 days, he will be able to pay 50% of the required amount under compulsory motor liability insurance.
Second and subsequent fines for lack of car insurance
This question causes confusion among many drivers and they immediately begin to refer to: paragraph 5 of article 4.1 of the Code of Administrative Offenses of Russia: “No person can be held responsible twice for the same violation.”
But if you are still interested in finding out what the amount of a repeated fine for the lack of compulsory motor liability insurance is in 2017 and how many times a fine can be imposed, you should carefully read the article and understand its interpretation: “According to the law, you cannot violation of the rules will be punished again.” But this does not mean that a driver can be fined only once in 24 hours.
This only indicates that a motorist can be stopped by a traffic police officer and fined for lack of car insurance. But if another offense is committed while driving, the driver will have to answer for it. This can go on for a long time. A similar fine for expired MTPL car insurance will be imposed on a motorist every time his car is stopped by traffic police officers.
This kind of action by traffic police officers is completely legal, since in paragraph 2 of Art. 19.2 of the Federal Law “On Road Safety” states that the use of vehicles without car insurance is strictly prohibited! So, it’s still cheaper to buy insurance than to “feed” your home state with fines.
Registration of MTPL insurance
To take out MTPL auto insurance, the driver will need a diagnostic card and an STS car with a registration certificate. If car insurance is not taken out personally by the owner of the vehicle, then in this case a “general insurance” will be required for the vehicle.
Today, a lot of different rumors are being circulated and many car owners are interested in whether fines somehow affect the cost of an MTPL insurance policy.
And in fact, insurers want to apply this when calculating prices for their services. They determine this by the fact that violators will pay more than law-abiding motorists.
But such a law has not yet found support, and it contains more questions than answers. It is not at all clear where insurance companies will get information about fines, how everything will be calculated, etc.
Today, the cost of car insurance is calculated in a standard way: by the age of the car, the number of services, the list of insured items, the length of service of the drivers and the number of people indicated in the policy.
What if the policy is fake?
There are such “thoughtful” drivers who, wanting to save money, purchase fake MTPL insurance. By such actions, these “smart guys” expose themselves to great risk, because if it turns out that the insurance is invalid, then the fine for such a compulsory motor liability insurance policy under Art. 327 of the Criminal Code of the Russian Federation will be about 80,000 rubles. In addition, the offender may be sentenced to 480 hours of mandatory or correctional labor or even 6 months of arrest.
Each car owner must decide for himself how best to use his car: take out car insurance or ignore this rule. No matter what he does, he must know about the possible consequences of such a violation.
The fine for driving without MTPL insurance in 2020 can be from 500 to 800 rubles. You may only receive a warning.
In this material we will consider in what cases and what the driver faces.
In 2015, the cost of compulsory motor liability insurance was significantly increased, in 2019 the cost increased again for many drivers, as a result, drivers began to massively ignore the requirement to insure their civil liability. Accordingly, the question arose about what fine you will have to pay if you are stopped by an inspector. The first thing he will require is the documents that you must provide in accordance with paragraph 2.1.1 of the Traffic Rules.
Requirements of the Traffic Rules for presenting an MTPL policy
2.1. The driver of a motor vehicle is obliged to:
2.1.1. Carry with you and, upon request, hand over to police officers for inspection:
- insurance policy of compulsory civil liability insurance of the vehicle owner or printed on paper
information on the conclusion of such compulsory insurance agreement
in the form of an electronic document in cases where the obligation to insure one’s civil liability is established by federal law.
The insurance policy or information about the electronic policy is required to be submitted to the inspector.
But what to expect when there is no compulsory motor liability insurance policy? Read the article to the end to avoid becoming a victim of a scam by unscrupulous inspectors.
If you issue an electronic policy, it is enough for the inspector to present a printed copy of the electronic document.
First, let's define what the abbreviation OSAGO is - Mandatory Insurance AutoCivil Liability. Please note that the driver does not insure property, but his own liability. Those cases when he will be financially responsible to another person. At the time of the insured event, the driver must have a valid MTPL agreement with the insurance company, issued in his name and corresponding to the vehicle that the driver is currently driving. Or a policy without restrictions.
Situations when there may be no compulsory motor liability insurance policy
There are various reasons why the driver is not able to transfer the insurance policy to the inspector. Depending on the specific situation, the fine for driving without insurance will be different amounts or you may only receive a warning.
- Absence of an insurance contract in principle, an illegally purchased policy not in the database;
- An expired policy, a policy in which another person is included, a policy in which another vehicle is included;
- If you do not have the insurance contract with you, it is forgotten, lost, or other reasons that do not allow it to be handed over to the inspector on the spot.
Each case provides for a separate fine - this is important to know, since the inspector can impute any of these cases.
What is the fine for driving without MTPL insurance?
Liability for the first case is provided for in Part 2 of Article 12.37:
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 known to be absent, -
a fine of 800 rubles.
The second case is more loyal to the driver and is described in Part 1 of Article 12.37:
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, as well as driving a vehicle in violation of the conditions stipulated by this insurance policy for driving this vehicle only by the drivers specified in this insurance policy -
entails the imposition of an administrative a fine of 500 rubles.
In the third case, you may be left without a fine at all on legal grounds and receive only a warning. Part 2 of Article 12.3 is about this:
1. Driving a vehicle by a driver who does not have registration documents for the vehicle, and in established cases, documents provided for by the customs legislation of the Customs Union, with marks from customs authorities confirming the temporary import of the vehicle -
entails warning or imposition of administrative a fine of 500 rubles.
Can a car be towed for lack of compulsory motor insurance?
No, they do not have the right, this security measure is regulated by Part 1 of Article 27.13 of the Code of Administrative Offenses of the Russian Federation and the above articles are not mentioned in it.
Can they rent rooms for lack of compulsory motor insurance?
No, they do not have the right, this security measure was regulated by Part 2 of Article 27.13 of the Code of Administrative Offenses of the Russian Federation and was excluded on November 15, 2014.
If I am not at fault for an accident and I do not have compulsory motor liability insurance, am I entitled to payments from the insurance company?
Yes, you will. As we noted at the beginning of the article, it is not property that is insured, but liability. If there is no fault in an accident, the culprit is liable to you and the insured event occurs only to the culprit. You will only receive a fine under one of the above articles. There is no civil liability to the guilty participant in an accident.
You can draw a simple and logical conclusion: to avoid a fine for not having MTPL insurance, you just need to purchase an insurance policy. In 2018, online services for obtaining insurance are already operating stably. Using the form below, you can issue an MTPL policy within 15-20 minutes without leaving your home.
Many questions arise around ISAGO insurance policies and most of them concern how driving without insurance is punished. The answer cannot be unambiguous due to the presence of several variants of violations, which will be discussed below.
So, answering the question of what fine for driving without insurance is provided in a certain situation, you need to consider 5 main options for the problem. You must immediately give up hope for concessions from the traffic police officers, because the issues related to insurance documentation are clearly stated in the updated traffic regulations.
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Traffic regulations requirements - when it is necessary to present a policy
New rules in 2017-2018 regulate the following points regarding the use of car insurance policies:
- Persons driving mechanical vehicles, regardless of the situation, must have a full package of documents, including a valid MTPL insurance policy.
- If a traffic police representative voices a requirement to present a car insurance document, the driver must strictly follow it. There is one caveat here that the person driving the car submits the policy for inspection, subject to the legislative establishment of the obligation to insure civil liability in a particular federal district.
The policy is handed directly into the hands of the inspector, so there is no possibility of leaving unnoticed the fact of the end of its term and other important aspects of registration.
Fine for lack of insurance 2017 OSAGO – forgetfulness is punishable
The fine for driving without insurance in 2017, when an insurance document exists, but for certain reasons was left at home, does not exceed 500 rubles. This amount is the minimum possible in case of violations regarding the insurance policy.
There is also an alternative to a monetary penalty for driving without valid insurance. According to Article 12.3, the failure of the person driving the vehicle to have an insurance policy is punishable by a warning or an officially paid administrative fine.
The amount of the fine in the absence of a policy or driving with an expired document
A fine for lack of insurance in 2017 is imposed if compulsory civil liability insurance was not issued initially. In comparison with the above case, the amount increases to 800 rubles. There are a number of caveats:
- If the owner of the car and the driver are not the same person, the penalty for lack of insurance is imposed on both parties. The driver is charged with driving a car without a compulsory motor liability insurance policy, and the owner of the vehicle is charged with ignoring the requirement to obtain a so-called “automobile license.”
- The application of penalties against the driver has its own nuances. For driving without insurance, a fine is imposed when the person driving the car is initially aware of the absence of a policy. The fine officer manages to justify himself to the traffic police inspector by providing evidence that he was deceived by the car owner regarding the actual availability of an insurance document. True, such a scenario is hardly possible in practice.
A similar amount of 800 rubles is charged as a fine for overdue insurance in 2017.
Legislatively, such a situation is qualified as the absence of a document as such, since an expired MTPL policy has no legal force.
Does the absence of a policy threaten the removal of numbers?
The category of questions about what will happen if you drive without insurance also includes the possibility of removing license plates as a penalty. The answer is clear - no. According to the law, a fine for driving without compulsory motor insurance does not include measures such as stopping the operation of the vehicle by placing it in an impound lot or removing license plates.
Repeated violation - what the law requires
The question regarding what punishment is provided for driving without insurance if the violation is repeatedly detected is quite natural. As stated in the Code of Administrative Offenses, for repeated driving without insurance, the fine is an amount similar to the first penalty. In other words, paying an amount for a violation does not automatically remove the penalty in a similar situation.
Actions of the traffic police when driving a car by a person not included in the insurance
A fine for lack of MTPL insurance in 2017 is inevitable in the current situation. If a person who is not documented in the existing insurance policy gets behind the wheel, the traffic police inspector identifies an administrative offense that requires appropriate punishment. As in the case of a policy left at home, the fine for lack of compulsory motor liability insurance does not exceed 500 rubles.
Penalty amount if you have a policy with a limited period of validity
Such an offense has been placed in a separate position. In many regions of our country, an insurance scheme is used for a certain period, namely the warm season. The insurance itself is issued for a year, but it is valid for the months specified in the document. Due to the limitation, the cost of such policies is noticeably lower than standard contracts.
The question of what fine for driving without insurance is imposed on the driver of a vehicle becomes relevant when the summer season begins or ends earlier than scheduled and it is necessary to travel unscheduled in a personal vehicle. Of course, most drivers rely on luck, but not everyone has it.
In such a situation, after presenting the policy to an authorized person, the question of committing an administrative offense invariably arises. The fine for lack of compulsory motor liability insurance in 2017 is minimal and amounts to five hundred rubles.
How are legal entities fined?
The question of what fine, if there is no insurance, will be charged after checking the policy, worries both individuals and legal entities. Individual entrepreneurs and registered legal entities have the opportunity to obtain compulsory motor liability insurance for the entire vehicle fleet or separate insurance for vehicles listed on their balance sheet. Also, if there is a document confirming compulsory insurance, it is allowed to supplement the package of documents with a policy with an expanded list of risks. Thus, the traffic police representative has every right to demand the presentation of the relevant document.
How much the fine for driving without insurance will be in a particular case and who will pay it depends on the position of management personnel. The amounts are prescribed similarly to the situations described above, but there are a number of reservations:
- If the driver of a corporate car does not present an insurance policy, the amount is collected directly from him. There are no provisions regarding the liability of legal entities;
- After the inspector issues a signed resolution, the person driving the corporate vehicle has the right to appeal. The consequence of such actions may be the recovery of the full amount from the employer.
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In other words, you do not have to pay a fine for insurance out of your own pocket if there is negligence on the part of the management.
is a document that must always be with the driver. However, there are often situations when car owners, through forgetfulness or carelessness, neglect this rule, driving without insurance, with an expired policy or with an invalid document. According to the norms, such actions are punishable by a fine and a number of penalties. Let's take a closer look at what awaits drivers for driving without insurance.
If the driver’s data is not included in the OSAGO policy
If the vehicle is managed by a person whose details are not noted in the policy, this is a violation of the rules of the contract under compulsory motor liability insurance and is regarded as an administrative offense. According to part 1 of Article 12.37 of the Code of Administrative Offenses of the Russian Federation, for such an action the driver faces a fine of 500 rubles.
In addition, a traffic police inspector who has detained a car whose driver is a person who is not included in the compulsory motor liability insurance has the right to remove the offender from driving the vehicle. In this case, the car will be redirected to the impound lot, and only the owner will be able to pick it up, who will also have to pay a fine and reimburse the costs associated with transporting and storing the car at the impound lot.
This punishment can be avoided, but only if the owner of the car or another person included in the MTPL policy manages to arrive at the place where the car was detained before the tow truck. In this case, the violator will still have to pay a fine, but the car will not be towed.
Read also: How long can you drive under a car purchase agreement without insurance?
The amount of the fine in the absence of compulsory motor liability insurance in 2020
If the owner of a vehicle neglects to take out compulsory motor third party liability insurance, that is, he does not have a compulsory motor liability insurance policy at all, he faces a fine of 800 rubles. If the owner and driver of the car are different persons, then, according to Part 2 of Article 12.37 of the Code of Administrative Offenses of the Russian Federation, a fine will be imposed on both of them. The owner of the car will have to pay a fine for not having compulsory motor third party liability insurance, and the driver will have to pay a fine for driving without a policy.
Under certain circumstances, the driver who was driving the car at the time it was detained by the inspector can avoid penalties. However, to be acquitted, he will have to prove that while driving the vehicle, he did not know about the absence of a compulsory motor liability insurance policy.
Read also: Registration of an electronic MTPL policy via the Internet
If the MTPL policy is expired
The legislation equates driving a car with an expired MTPL policy to not having one. Accordingly, the driver is subject to the same penalties in the amount of 800 rubles.
The standard MTPL term is 1 year, but many auto insurance companies offer their clients alternative contract options. The validity period of such contracts is also 1 year, but the driver can receive insurance with a validity period of several months. This type of insurance is cheaper than a standard policy, and it is ideal for those car owners who use vehicles seasonally, for example, for trips to the country or travel. Just keep in mind that, having such a policy in hand, you will be able to drive a car only during the period of validity of the insurance. Otherwise, you will have to pay a fine of 500 rubles.
Many motorists are concerned about the question of what punishment or fine they will face for lack of insurance in 2017 under compulsory motor liability insurance. There are many possible situations in which a driver cannot have a policy:
- OSAGO may not actually be issued;
- when you forgot your policy at home;
- the insurance was expired;
- cases where the owner of the vehicle allowed a friend who is not included in the compulsory motor liability insurance to drive the car.
These situations relate to different types of violations, so it’s worth understanding them.
Fine for driving a car by a person who is not included in the MTPL
If a traffic police inspector stops a car driven by a person who is not included in the MTPL, the fine in 2016 will be 500 rubles, in accordance with Article 12.37 part 1 of the Code of Administrative Offenses of the Russian Federation.
If an accident occurs due to the fault of such a driver, then the insurance company will in any case be obliged to pay compensation, since the car was insured, but after the payments, it can file a lawsuit against the culprit of the accident, demanding reimbursement of the money spent.
To avoid this situation, you can take out a policy with an unlimited number of persons who are allowed to drive a vehicle. The cost of such an agreement will be more expensive, but you can always entrust your car to any person who has a driver’s license, without fear of an administrative offense.
Fine for driving without a license
In addition to the above violation, there is another situation in which the driver does not have a policy in hand. Fines may vary depending on the circumstances.
Most drivers are interested in the question of what will happen if they forgot their MTPL policy at home, what fine awaits the violator. Here you should be guided by Article 12.3 part 2, which speaks of an administrative violation in the amount 500 rubles.
Important! To confirm that you have insurance, you can ask the inspector to run your car through the AIS RSA database, where insurance information will appear.
If you simply decide not to take out insurance, then the fine for lack of compulsory motor liability insurance will be 800 rubles under Article 12.37. part 2. If the driver and the owner of the car are different persons, a fine is imposed on both under Part 2 of Article 12.37 of the Code of Administrative Offenses of the Russian Federation. The driver will be punished for driving a car without insurance, and the owner of the car for neglecting to fill out a mandatory document. This article provides for penalties both for the absence of a policy and for the use of a vehicle with a known lack of insurance.
It is important to know! The Administrative Code of the Russian Federation does not contain such a concept as expired insurance. Therefore, if your policy has expired, this means that you do not have MTPL and the fine for expired insurance in 2016 under MTPL will also be 800 rubles.
It is also worth noting the moment when the car is used at the “wrong time”. Some people take out insurance for 3 or 6 months, or indicate a specific period during which they will use the car. Most often, this method is used by summer residents who lock their cars in the garage for the winter.
If you are stopped by a traffic police inspector during a period not specified in the insurance document, then, according to part one of Article 12.37 of the Code of Administrative Offenses of the Russian Federation, you will be subject to penalties in the amount of 500 rubles. To avoid such situations, you need to decide in advance on the period of operation of the car and take this into account when applying for a policy or prepare to pay a fine.
Evacuation to impound lot for lack of compulsory motor insurance
Drivers are often interested in the question of whether their car can be detained for lack of insurance. In 2016 and 2017, the evacuation of vehicles to an impound lot if there is no insurance policy does not apply, so you will only face a fine for driving without compulsory motor insurance, amounting to 800 rubles.
Previously, traffic police officers could remove license plates from cars, but today these actions are also prohibited.
It is important to know that if you pay for the violation within 20 days, you will be able to pay a fine under compulsory motor liability insurance 50 percent from the billed amount.
Repeated fine for lack of insurance
This issue causes a lot of controversy, because most drivers appeal with article: 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.”
If you are wondering what kind of repeated fine for lack of insurance in 2016 OSAGO expects you and how many times the inspector can issue a fine, you need to understand the interpretation of this article: “According to the current legislation, repeated punishment in the same case is excluded.” However, this does not mean that you can be fined only once per day.
This means that an inspector may stop you and issue you a fine for lack of insurance. However, if you continue your movement and after 10 kilometers the traffic police stops you again, then a new offense has already occurred (in a new place and time), for which you must be issued an administrative offense. This action can continue indefinitely. The same fine for overdue compulsory motor insurance will be issued to the driver at each stop by the traffic police.
Such actions are legal, since according to clause 2 of Article 19.2 of the Federal Law “On Road Safety”, using a vehicle without insurance is prohibited! Therefore, it will be cheaper to take out insurance than to pay penalties.
Registration of compulsory motor liability insurance
In order to apply for an MTPL policy, you will need a diagnostic card and a vehicle certificate with a passport. If insurance is issued without the owner of the car, a general power of attorney for the vehicle may be required.
Nowadays there are many different rumors and many car owners are wondering whether fines affect the cost of compulsory motor liability insurance. Indeed, insurance companies want to apply this coefficient when calculating the cost of their services, as a result of which violators will pay more and law-abiding citizens will pay less.
However, this law is only in development, it has no name and there are many questions that have not yet been answered. This concerns where insurance companies will get information about fines, how the coefficient will be calculated, etc.
Today, the cost of the policy is calculated according to a standard scenario, which consists of the year of manufacture of the car, the number of services included in the contract, the list of insured events that arise during the operation of the vehicle, as well as the age and length of service of the drivers included in the policy.
Using a fake policy
Some drivers, in order to save money, buy fake MTPL policies, thereby exposing themselves to additional risk. If, when your car is stopped by a traffic police inspector, the invalidity of the policy is revealed, then the fine for a fake OSAGO policy in accordance with Article 327 of the Criminal Code of the Russian Federation (use of a knowingly forged document) will be up to 80,000 rubles, or in the amount of wages or other income of the convicted person for a period of 6 months. Also, the violator may be subject to compulsory labor for up to 480 hours or correctional labor for up to 2 years, as well as arrest for up to 6 months.
If a traffic police inspector comes across a driver with an MTPL policy that raises suspicions regarding its validity, the traffic police officer has the right to check the car using the AIS RSA database. If the vehicle is not present in the database, the case will be sent to court. The driver’s task is to prove that he did not intentionally use a false insurance policy in order to avoid severe punishment.
Each driver can decide for himself how it will be more convenient for him to use his car: by taking out insurance or by neglecting this rule. In any case, you need to know what consequences can be expected for each violation.
