Not all modern parents are conscientious, and the increasing number of cases of underage “drivers” driving on the highway also testifies to their irresponsibility. Meanwhile, the rules interpret this situation as a malicious violation.
And so today we will talk about what kind of punishment and what is provided for a minor without a license, as well as what will happen if a minor is caught driving a car, including, or if a child behind the wheel causes a collision.
Age criteria
- The law even imposes restrictions on bicycles, prohibiting a child from riding on the road until the age of 14, limiting riding within courtyards and specially designated areas.
- But, if we are talking about a car, then even learning to drive is allowed from the age of 16, which, by the way, is neglected by driving schools, but they are saved only by the fact that training is conducted on autodromes. In addition, the training process itself is carried out on specially equipped vehicles, with a designation. Students are only allowed to travel on the road from the age of 16.
The age of 16 gives you the right to drive mopeds, scooters, and light ATVs (). The rules introduce motorcycle parameters that are permissible for minors to drive: internal combustion engine volume no more than 125 cubic centimeters or category A1. but even today the question arises again about the need to obtain a license for such transport - but they do not give the right to drive a passenger car.
This video will tell you about the age limits for driving a car, as well as the terrifying statistics of violations when handing over the steering wheel to a child:
Scope of Responsibility
In the Soviet period, if a teenager drove a moped without a license, or was under 16 years old, traffic police officers took the moped from him, held a preventive conversation with the teenager and his parents, the latter bought the moped from the impound lot and paid a small fine. In our time, the law on this issue has not changed significantly. The teenager will also have to have a preventive conversation, and the parents will face a fine.
The teenager, in turn, should remember that drawing up such a protocol in the near future may become the reason that they may not be allowed to take the driving test. This rule is rarely used, but, as a fact, it exists.
In other words, if a one-time violation can be “forgiven,” then it may well “come back to haunt” you in the exam, especially if the teenager was not sober and “stubbornly resisted” the traffic police.
We’ll talk further about what happens if a minor is driving.
This video will tell you about the responsibility of parents and children for driving a minor:
What risks do parents take?
In this case, the situation can be considered from two positions: when the parents did not know about the teenager’s behavior and when the father/mother themselves transferred control of the car to the child.
- In the first case, parents will face an administrative fine, which just a couple of years ago amounted to 2,500, and today has been increased to 30 thousand rubles.
- In the second case, the parent will be punished for transferring the right of control, while maintaining the above fine. Thus, the amount can be up to 60 thousand rubles. In this case, the car will end up in the impound lot, by the way, at the expense of the violator, plus the time spent by the car in the parking lot with an hourly rate.
- If a minor driver is drunk, the fine is 30 thousand rubles, and if with the knowledge of the parents, then an additional 30 thousand.
- A secondary violation will increase the fine amount to 50 thousand, in addition, the parent who committed the incident may be deprived of his rights for up to 3 years.
Andrey, hello!
Driving a vehicle by a driver who does not have the right to drive a vehicle (except for training driving) - entails the imposition of an administrative fine in the amount of five thousand to fifteen thousand rubles (Part 1 of Article 12.7 of the Code of Administrative Offenses of the Russian Federation).
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 provided for by 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 five hundred rubles (part 1 of article 12.37 of the Code of Administrative Offenses of the Russian Federation).
Administrative responsibility of citizens comes from sixteen years old(Article 2.3 of the Code of Administrative Offenses of the Russian Federation).
In this regard, the failure of an individual to reach 16 years of age at the time of committing an administrative offense is a circumstance that excludes the possibility of bringing him to administrative responsibility. In this case, proceedings regarding an administrative offense against the specified person cannot be started, and the started proceedings are subject to termination on the basis of clause 2 of part 1 of Art. 24.5 of the Code of Administrative Offenses of the Russian Federation due to the lack of an administrative offense.
And if you are not yet 16 years old, then it is possible to bring parents to administrative responsibility under Part 1 of Article 5.35 of the Code of Administrative Offenses of the Russian Federation for failure to fulfill or improper fulfillment by parents or other legal representatives of minors of duties for the maintenance, upbringing, education, protection of the rights and interests of minors - for this they face warning or imposition of an administrative fine in the amount of one hundred to five hundred rubles.
Norms part 2 art. 2.3 of the Code of Administrative Offenses of the Russian Federation provide the possibility of releasing a minor aged 16 to 18 years from administrative liability taking into account the specific circumstances of the case and information about the person. But at the same time, coercive educational measures are used.
The law also provides for other features of administrative liability of minors:
- minority is a circumstance softening administrativeresponsibility(Part 1 Article 4.2);
- proceedings in a case of an administrative offense against a minor are carried out with the participation of his legal representatives (Article 25.3) and the prosecutor (Article 25.11);
- his parents or other legal representatives are notified of the administrative detention of a minor (part 4 of article 27.3);
- cases of administrative offenses of minors are considered at the place of residence of the person in respect of whom proceedings are being conducted on the case of an administrative offense (Part 3 of Article 29.5);
- in the absence of independent income from a minor, an administrative fine is collected from his parents or other legal representatives (Part 2 of Article 32.2 of the Code of Administrative Offenses of the Russian Federation).
Reading time: 4 min.
What will be the fine if a minor is caught driving in 2020? Punishment for eating without a license, while drunk, or for causing an accident to a minor.
There are two fines for handing over the steering wheel to a minor. One traffic police fine is provided for the person who hands over the steering wheel, another for a minor who gets behind the wheel and starts driving the car.
The traffic police fine for handing over the steering wheel to a minor in 2020 is:
30,000 rub.Article 12.7.3 of the Code of Administrative Offenses of the Russian Federation
The traffic police fine for driving a vehicle without a driver's license by a minor in 2020 is:
from 5,000 to 15,000 rub.Article 12.7.1 of the Code of Administrative Offenses of the Russian Federation
Moreover, if the minor does not have sources of income, the fine will be collected from their legal representatives. In most cases - from the parents (Article 32.2 of the Code of Administrative Offenses of the Russian Federation). Moreover, in special cases, parents or legal representatives may be punished under Part 1 of Art. 5.35 of the Code of Administrative Offenses of the Russian Federation for failure to fulfill one’s duties in raising minors.
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Transferring the steering wheel to a minor without a license
The law directly defines a vehicle as a vehicle of increased danger to others. That is why the law strictly defines the procedures for obtaining a driver’s license and the responsibility for driving a vehicle without a driver’s license. According to the law, a license can be obtained from the age of 16 - from this age it is allowed to drive scooters and low-power motorcycles. The age for administrative liability for violating the rules for using a vehicle is 14 years. Let's consider situations in which control could be transferred to minors without rights:
- Transfer to a minor deprived of the right to drive a vehicle. This situation is possible if a minor received the right to drive a scooter, but the license was later taken away from him. In this case, a driver without a license faces a fine of 30,000 rubles, or arrest for up to fifteen days, or compulsory work from one hundred to two hundred hours. Moreover, if the owner of a moped was detained along with the scooter driver, he faces a fine of 30 thousand rubles.
- Transferring the steering wheel to a minor without the right to drive a vehicle. (if the transmitter knew that the driver did not have a license). For a minor - a fine of 5 to 15 thousand rubles. The person who “handed over the steering wheel” will be fined up to 30 thousand rubles if it is proven that the person who handed over the driver knew that the driver did not have a license.
- Transferring the steering wheel to a minor without the right to drive a vehicle. (if the transmitter did NOT know that the driver did not have a license). For a minor - a fine of 5 to 15 thousand rubles. The person who “handed over the steering wheel” is not fined, since the law clearly states that the person who handed over control must be aware of the lack of rights.
Let us remind you that in cases 2 and 3, the minor could not have a driver’s license due to his young age, and therefore could not take out an MTPL or CASCO policy. Therefore, another article will be added to the offense - the owner of the car will be fined for lack of insurance for the driver.
“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 eight hundred rubles.” Part 2 Art. 12.37 Code of Administrative Offenses:
Thus, the minimum fine if a minor gets behind the wheel without a license is 5,800 rubles. All of the above fines can be paid with a 50 percent discount within 20 days from the issuance of the decision.
Important: in all cases, the car is sent to the impound lot, and the driver is suspended from driving the vehicle.
A minor is drunk and driving
As mentioned above, the age of administrative responsibility is 16 years. That is, his legal representative or parent will be responsible for all offenses of a minor. In any case, the punishment will find its offender. Let's consider three cases of a minor driving.
- The offender is over 16 years old, has a category M license, and drives a moped. In this case, the driver will be punished under Article 12.8 Part 1.
Driving a vehicle by a driver who is intoxicated, unless such actions constitute a criminal offense.
Punishment is a fine of 30,000 rubles and deprivation of rights for 1.5 - 2 years.
- The offender is under 16 years of age and has no license. In this case, the punishment will be 12.8 hours 3
Driving a vehicle by a driver who is intoxicated and does not have the right to drive vehicles or is deprived of the right to drive vehicles, unless such actions contain a criminal offense
Punishment is arrest from ten to fifteen days or a fine in the amount of thirty thousand rubles.
- Drunk minor driving, control was transferred by another person. In this case, both violators will be punished: the minor under 12.8 hours 3, who transferred control to 12.8 hours 2.
2. Transferring control of a vehicle to a person who is intoxicated.
Punishment - to the person who handed over control - 30,000 rubles and deprivation of rights for 1.5 - 2 years, to the driver - arrest for up to fifteen days or a fine of 30,000 rubles.
Since most often minors do not have their own sources of income, their legal representatives - their parents - will bear the brunt of the punishment.
A minor caused an accident
Since being a minor does not mean that you do not have the right to drive a vehicle, we will consider two cases of an accident committed by a minor.
- A minor over 16 years old has a category M license. The accident was caused by driving a scooter or a low-power motorcycle. In this case, nothing special is expected: the minor was legally driving the vehicle. Next he will be investigated and the culprit identified.
- A minor without a license caused an accident. In this case, the situation is more complicated: the driver faces a whole list of fines - from 5 to 15 thousand rubles for driving without a license, 800 rubles for not having an insurance policy. In addition, due to the lack of insurance, the driver will have to cover repair costs from his own pocket.
The age at which you can obtain a license depends on what category the future driver receives. Mostly, You must be an adult to obtain a license..
The exception is obtaining category M and A1 licenses. From the age of 16 you can drive mopeds and light quadricycles(M), as well as motorcycles with certain technical parameters: internal combustion engine capacity no more than 125 cubic centimeters, maximum power should not exceed 11 kilowatts (A1).
A driver's license of categories A, B (B1), C (C1) can be obtained upon reaching the age of majority. Let us remind you: category A – motorcycles, B – all cars with no more than 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 permitted.
Attention! Category C and C1 licenses do not allow you to drive a passenger car.
There are special category rights, which can only be obtained from 21 years of age. We are talking about categories D (buses), Tb (trolleybuses) and Tm (trams).
What does a minor face for driving a vehicle?
According to the law, if minors drive without a license, their parents will be held responsible. The only thing that threatens a minor- This is a preventive conversation with employees of the juvenile affairs unit, where he will be registered.
Let's consider the situation:
Taking advantage of his father's absence, a 15-year-old teenager got behind the wheel of a car. Violating traffic rules at an intersection, a minor who, by the way, got into an accident (read the article) received a concussion and multiple bruises. Both cars suffered 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 face administrative responsibility.
What responsibility does the owner of a vehicle bear if he allows a minor to drive?
Of course, a parent who allowed a situation in which his minor child was driving a vehicle (except for educational driving) is subject to administrative liability. Previously, the fine for driving a vehicle by a minor was 2,500 rubles., which, of course, won’t scare anyone.
What is the current punishment for underage driving?
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, which he has no right to do. It is possible that the law will only become stricter in the future.
Unfortunately, many car enthusiasts do not realize, what danger they expose others to 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 the car and pedestrians die.
Think about it, what knowledge and experience should a driver have in order to be confident that he can handle driving a car. Why not let your child reach adulthood and get a license, because this way you may be saving his life.
The responsibility of minors for driving a car is regulated by the Code of Administrative Offences. He also establishes that such a person is a teenager under 16 years of age. But there are a number of subtleties in this issue, 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 happen to the transfer of control, will the minor be registered with the police , as well as situations when he is drunk and/or has an accident.
What happens if a minor is stopped by the traffic police while driving?
Absolutely nothing. The fact is that persons under 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 people - Article 24.3 of the Code of Administrative Offenses:
1. Proceedings in a case concerning an administrative offense cannot be started, and the started proceedings are subject to termination if at least one of the following circumstances exists:
...
- absence of an administrative offense, including failure by an individual at the time of committing unlawful actions (inaction) to reach the age provided for by this Code for bringing to administrative responsibility(except for the case provided for in part 3 of this article), or the insanity of the individual who committed unlawful actions (inaction);
Thus, the liability of such persons is not provided for by the current provisions of the law. If a minor is caught driving a car without a license, then as of 2020 he will not face anything... Well, or almost nothing - there will still be evacuation and a number of other subtleties, which we will discuss below.
Can there be rights?
No. In principle, persons under 16 years of age cannot have driving rights.
According to Federal Law " About road safety", the earliest age at which a person can obtain such a right is precisely those same 16 years. And we are talking about category M, which gives the right to drive mopeds and scooters with an engine displacement 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 of age.
Is there a threat of 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 subject to liability 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 suppressing a violation that falls under this sanction. And there is Article 27.13 of the Code of Administrative Offences, which prescribes that it is precisely in order to suppress a violation according to the above norm that the car must be towed to an impound lot. And it doesn’t matter whether a minor is caught driving or an adult.
But evacuation is illegal if there is a driver in the car with a minor who has the right to drive it - he has a license, a registration certificate, and 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 register with the police?
No. Although the legislation in force for 2020 provides for the registration with the authorities 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 not a hundred percent prospect.
Handing over the steering wheel to a minor
And now we finally got to the first legal fine. He relies on a minor to drive the car.
The fine is quite impressive - it amounts to 30,000 rubles, and the person who handed the steering wheel to a minor is liable. But who is this face? This is not the owner - the current law separates the concepts of owner and owner of the vehicle, and this 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 one in the PTS.
How to avoid a fine for passing the steering wheel?
There is a loophole here, but it will end very badly for the minor without a license. It consists in the fact that the only option 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 a criminal offense is initiated upon the fact of this violation.
That is, if the one who is accused of transferring control explains that a minor who was caught driving stole a car, from his words a police officer writes down this testimony, 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 driving 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:
- no fine for a minor driving a car (including while drunk),
- fine of 30,000 rubles for transfer of control,
- evacuation to the impound lot if there is no one in the car who can drive it.
But there is still a difference between whether such a person is caught sober or drunk - if he is a minor or, even worse, under the influence of drugs, then with a high degree of probability he will be registered with a psycho-neurological dispensary with all the ensuing consequences from this.
If a person under 16 years of age is involved in an accident
In this case, administrative punishment will also not follow. But, according to Part 3 of Article 26 of the Civil Code, such persons bear civil liability.
How does civil liability differ from administrative liability? If the latter is deprivation of rights, evacuation, arrest and other administrative measures, then civil is liability for harm caused to other persons. This means that if a minor is driving and gets into an accident in which he causes damage to another car, then he must pay compensation for the damage.
But we also have bad news for persons under 14 years of age - in this case, parents, guardians or other trustees are responsible for him in civil matters.
But if a minor without a license 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 responsibility of minors only from the age of 18. But from the age of 14 years, forced education measures can be applied to them - we are talking about a colony for minors.
