Fine for driving without an insurance policy. Fine for lack of insurance. When do you have to pay money?

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.

1. Absence of an insurance contract in principle, an illegally purchased policy not in the database;
2. An expired policy, a policy in which another person is included, a policy in which another vehicle is included;
3. 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.

When purchasing a car, the driver will certainly be faced with the need to take out a compulsory motor liability insurance policy. Decipher the abbreviation, and it becomes clear that this agreement is mandatory, and it implies liability insurance. By concluding it with the car owner, the insurance company provides protection for people and their property if they are injured in an accident caused by the insured person. Thanks to insurance, a person will not have to compensate for the damage on his own.

There are desperate people who allow themselves to drive their new car onto the road when the permitted 10 days have already passed. The reasons are different for everyone, but no matter what, the driver faces a fine. And this penalty for lack of insurance (MTPL) is the maximum. The traffic police inspector may hint at evacuation, even about removing license plates, but this is just a way to intimidate the driver. Such drastic measures were canceled back in November 2014. So, what happens if you drive without insurance?

What does the law say?

The presence of a compulsory motor liability insurance policy is recognized as mandatory:

1. Traffic rules;
2. Federal Law No. 40;
3. Code of Administrative Offenses of the Russian Federation and is regulated by them.

And what do the new rules of 2019 say about those who face a fine for such a violation?

Paragraph 3 of Article 4 No. 40-FZ contains a list of those categories of owners who are not subject to administrative liability:

• car owners whose vehicle reaches a design speed of a maximum of 20 km/h;
• car owners who are not allowed to participate in road traffic on Russian territory;
• legal entities with military transport on their balance sheet, which is involved in meeting the needs of the army, except for equipment serving the economic units of military units;
• car owners whose vehicle is registered abroad and who have international Green Card insurance;
• owners of passenger trailers;
• owners of tracked, sled and other non-wheeled vehicles.

This relaxation should not serve as a reason for a complete abandonment of compulsory motor liability insurance.

Important! Car liability insurance still remains the responsibility of the car owner.

Article 12.37 of the Code of Administrative Offenses of the Russian Federation talks about the driver’s responsibility for driving without insurance in the following cases:

• when the policy is issued, but you don’t have it with you - it is forgotten at home or not printed;
• when the car owner drove the car during a period not covered by the policy (we are not talking about expired insurance);
• when there is no insurance at all (the policy was not issued at all or is expired).

Fines for driving without compulsory motor liability insurance in 2019 - let's look at specific cases

I don’t have the policy with me

In this case, we are talking about a valid document in which the driver is entered, a contract that actually exists, but, by chance, was forgotten at home.

Punishment for such an offense, according to Part 2 of Article 12.3 of the Administrative Code, can be reduced to a verbal warning, but they can also be fined 500 rubles.

In any case, the punishment will be such only if you are able to prove to the inspector that you really have insurance. This can be confirmed by:

• MTPL policy number;
• name of the insurance company;
• Telephone number of an insurance agent who can confirm your assurances.

If the traffic police inspector still did not check and issued a fine for a large amount, the driver has the right to complain to the head of the traffic police, attaching a copy of the current policy. As soon as a positive decision is made on his application, the amount of the punishment will be reduced.

Driving a car during a period not covered by the policy

In most cases, the MTPL agreement is concluded for a whole year. But in 2019, any driver has the right to reduce this period, and therefore the period of use of the vehicle itself.

For some, for example, such a need arises only during the summer season, so a six-month policy would be quite appropriate. This circumstance, moreover, reduces the cost of the service. But driving a car is also possible in certain seasons. But if a summer resident leaves in his car at the “wrong” time, according to Part 1 of Article 12.37 of the Administrative Code, he will face a fine of 500 rubles.

The driver is not listed in the insurance

This situation happens quite often. All of a sudden, you need to get behind the wheel of someone else's car instead of a driver who is unable to drive his own vehicle, and there is no time to reissue the policy. You will have to pay a fine for a driver who... It is the same 500 rubles.

By the way, the car owner may try to shift responsibility to the person who was driving.

If the owner of the car transferred control to another person, and he did not have a driver’s license with him, he will not get off with an insurance fine alone. You will also have to pay 3 thousand rubles for the fact that control of the vehicle is transferred to a person who does not have a driving license (under Part 3 of Article 12.3).

And this is not all the troubles that this situation threatens. If an accident occurs, the insurance company will compensate for the damage to the victim, but, at the same time, will also bring a claim to the owner of the car for compensation for losses incurred.

Lack of compulsory motor liability insurance

Some drivers deliberately do not sign a car insurance contract. In this case, the penalty is 800 rubles.

And it will be applied when the 10 days allotted by law for registering a vehicle with the traffic police expire. And during this period, it is enough to present the purchase/sale agreement to the inspector, and you are free.

An MTPL insurance policy whose term has already expired is considered missing and is punished with the same amount - 800 rubles (see Part 2 of Article 12.37).

So, let's briefly repeat everything again in the video:

Possible discount when paying fines

Car owners will be interested to know that they can count on a 50% discount when paying fines for driving without a compulsory car insurance policy.

If the fine is paid in the first 20 days from the date of the decision on the administrative offense, then the violator can, instead of 500, pay 250 rubles, and 400 - instead of 800 rubles.

Responsibility for repeated violation

Important! The Administrative Code does not prescribe separate punishments for drivers who are repeatedly detained without a compulsory motor liability insurance policy.

So every time, stopping a car and not finding a valid policy on the driver, the traffic police inspector will issue another fine, and its size depends on the reason why the document cannot be presented.

The law does not provide

If the driver drives without compulsory motor insurance, these types of punishments are illegal in 2019:

• detention of a vehicle;
• his evacuation to the impound lot;
• removing license plates from a car.

All car enthusiasts know whether it is possible to drive without an MTPL policy. But many of them do not take seriously the fines provided for by the Law for those who allow driving without insurance. But in vain. Who knows how many times a driver will find himself in a similar situation. And you have to pay every time. So easily the amount of fines can grow to a decent size and cover the cost of the policy itself.

Important! If there is no compulsory insurance, even if the car owner has purchased an expensive CASCO policy, a fine is inevitable anyway.

To avoid unpleasant situations, it is better to insure your own vehicle in a timely manner and monitor the validity period of the document.

Every car owner should know that before driving on the road, he must insure his liability to other road users. This type of insurance is called OSAGO. If you have MTPL insurance for the person at fault for the accident, his insurance company will compensate for the damage caused to other drivers. But about what can happen if a driver is stopped without insurance, read further in the article.

Features of car insurance under MTPL

According to the legislation of our country, all road users must be insured under MTPL. The absence of this policy from the driver of the vehicle does not give him the right to drive on the roads.

The perpetrator of the accident shall compensate the victims themselves for all damage caused in excess of the established limits.

Fines for driving without insurance

For irresponsible drivers who ignore the established law on compulsory liability insurance, administrative penalties are provided. This punishment involves the imposition of a fine in the prescribed amount.

Depending on the reasons for the lack of compulsory motor liability insurance, the fine may vary.

Since the driver is required to present the MTPL policy to the traffic police inspector along with other documents, there may be several situations for which the policy is missing. The most common are:

• the policy is valid, but it is forgotten elsewhere;
• the policy has expired and has not been renewed;
• the policy is not expired, but is not valid during this period;
• the policy is invalid and forged;
• complete lack of insurance.

Of course, the human factor can have an impact, such that the driver may forget documents at home or renew the policy, but there is also a completely negligent attitude of drivers when they deliberately drive without a policy or falsify it.

Individual liability is provided for each type of violation.

What happens to a driver if he forgot his insurance policy at home?

According to established legislation, if the policy really exists and it is not expired, then the traffic police officer must issue a fine of 500 rubles.

But in this case, the driver must prove that he has unexpired insurance.

You can do this in several ways:

• go on your own or ask another person to bring an MTPL policy;
• you can go to the official website of the insurance company, enter your data and show the traffic police officer the presence of an electronic MTPL policy;
• call the insurance company's hotline and, together with a government representative, make sure that this driver and this vehicle are insured under compulsory motor liability insurance.

In this case, a warning is not provided as a punishment. Therefore, if the driver actually has a policy, but does not have it with him, he will be issued a fine.

Read what unlimited MTPL insurance is.

Punishment for driving with expired insurance

If the car has an expired policy and does not actually have a new one, the traffic police officer must issue a fine of 800 rubles.

Every car owner is required to know the month when his OSAGO policy expires. Insurance companies have the right, upon prior request, to issue a later start date for the policy. That is, in order to renew your current policy, you can come 1-2 months in advance.

Therefore, the car owner bears the maximum penalty for an expired policy.

There are situations when drivers have renewed their policy, but they only carry the old policy in the car, and the current one is left at home. In this case, the driver will have to prove to the traffic police officer that he has a valid insurance policy. And then he will be issued a fine of 500 rubles.

Not valid during this period

Some car owners do not use MTPL insurance for a full year, but only during certain periods. Such people include summer residents who absolutely do not use a car during the winter season.

Accordingly, it makes no sense for them to overpay for insurance. But sometimes it happens that a car owner is still forced to drive his car during a period when he has a gap in the validity of his insurance.

In this case, he will be fined 500 rubles. The important point is that the insurance should continue into a later period, and not end completely a few days/months ago.

If your car insurance policy is fake

Unfortunately, in practice they often occur. In this case, it can be forged by an insurance company or by the car owner himself.

An insurance company can deceive the insurer in the following ways:

• issue an invalid policy form;
• cease to exist during the policy period;
• carry out insurance without the necessary license to do so.

In this case, the traffic police officer will have to issue a fine of 800 rubles. But after paying it, the driver must sue this insurance company. And as damages incurred, in addition to moral damage and the insurance amount paid, demand compensation for losses in the form of fines paid by him.

Also, do not forget that in this situation, in case of an accident, this driver will be liable with his own money to the injured drivers due to his fault.

If the driver falsifies the MTPL policy, the traffic police officer will also issue him a fine of 800 rubles. But he also has the right to call the police for further proceedings.

Forgery of documents is punishable under an article of the Criminal Code and provides for criminal punishment in the form of a fine of 80 thousand rubles or correctional labor.

Therefore, buying a fake policy at half the price can become quite expensive when a fake is detected.

If the car is not insured

There are also unscrupulous drivers who simply drive without a compulsory motor liability insurance policy. They are also subject to a maximum fine of 800 rubles. Moreover, if he is stopped again without a policy, he will also be issued this fine.

Removal of license plates and evacuation of the vehicle are not provided for this violation. Therefore, some drivers drive for a long time without insurance.

There are also times when insurance exists and is currently valid, but the driver is a person who is not included in the MTPL policy. In this case, a fine of 500 rubles is provided.

Read where to insure your car under OSAGO.

Situations when you can avoid a fine

The driver has the right to drive without a policy for the first 10 days from the date of purchase of the vehicle.

There are a number of other events in which a traffic police officer should not impose a fine for not having a compulsory motor liability insurance policy:

1. When the maximum speed of movement of this vehicle did not exceed 20 kilometers per hour.
2. If the car is registered to a foreign citizen.
3. If the driver is a participant in hostilities or a disabled person of the first group.
4. If the owner of the car is disabled and his representative or guardian is driving.

As for points 3 and 4, these categories of citizens have.

But, despite the established additional situations in which a fine is not imposed, it is necessary to take into account all the risks possible on the roads and protect yourself as much as possible from financial losses.

Video: Penalties provided for if you drive without a license and insurance

conclusions

Therefore, it is important to promptly insure your liability under MTPL to other road users.

An MTPL policy is much more expensive if it is issued without limiting the number of persons allowed to manage it. But for some, this measure is necessary, because while driving, situations will arise when you need to put someone else behind the wheel. If this person is not indicated in the policy, the driver (and sometimes the owner of the car) cannot avoid punishment.

Driving without MTPL insurance in someone else's car, according to the current legislation of Russia, threatens with a fine of 500-800 rubles. It is issued in the name of the “caught red-handed” driver. The minimum amount is assigned if the driver was driving without a policy, but he had a compulsory motor insurance policy (he was simply left at home or at work, or lost). To avoid sanctions, prove to traffic police officers that you have completed the insurance procedure by providing the insurer’s details, insurance agent’s phone number, contract number, etc. The maximum amount is provided in the absence of a document.

Since 2015, the availability of a policy is determined by police using an electronic database. It also allows you to determine what kind of insurance is provided to traffic police officers - closed, that is, expired, or valid.

The law also provides for such a sanction as a warning (Article 12.3 of the Administrative Code). The punishment is determined by the traffic police officer on the spot, depending on the circumstances. For the first time, the driver can “get off” with a warning. The police officer's decision included in the resolution can be appealed in court.

What sanctions are provided by law for the owner of a vehicle who has not issued compulsory motor liability insurance if another person is driving his car? A fine for driving without insurance is issued only in the name of the driver whom traffic police officers caught driving someone else’s car.

Apart from a fine, the police cannot impose any sanctions against him. Although even before 2014, traffic police officers were given broad powers: for driving without compulsory motor insurance in someone else’s car, they could remove license plates, tow the car and apply other enforcement measures. In 2017, police officers no longer have the ability to restrict the use of someone else’s vehicle. If you have two other mandatory documents (license and registration certificate), then a fine is the maximum penalty.

Fine if not included in insurance

According to the current rules, the car owner must take care of entering information about the new driver into the current MTPL policy in the “approved to drive” column. This requirement is specified in Part 2 of Art. 16 Federal Law No. 40 “On OSAGO”.

What fine for driving a vehicle that is not yours is imposed on a person who is not included in the policy? Since this is a direct violation of the MTPL Insurance Rules (allowing a person not specified in the contract to drive their car) and an administrative offense, the violator is punishable by paying a fine of 500 rubles (based on Part 1 of Article 12.37 of the Code of Administrative Offenses of the Russian Federation). It is also issued in the name of the driver driving someone else’s vehicle.

You can avoid punishment if you inform the insurer in time about the need to transfer the steering wheel to a person not yet specified in the limited insurance: new information will be entered when the policyholder personally contacts the company’s office (the basis of Part 3 of Article 16 of Federal Law No. 40 “On Compulsory Motor Liability Insurance”). Many insurers charge an additional fee for this service, in accordance with established rates and commensurate with the increased risk.

Article 16 of Federal Law No. 40 “On Compulsory Motor Liability Insurance”. Compulsory insurance for limited use of vehicles

3. During the period of validity of the compulsory insurance contract, which takes into account the limited use of the vehicle, the policyholder is obliged to immediately notify the insurer in writing about the transfer of control of the vehicle to drivers not indicated in the insurance policy as authorized to drive the vehicle, and (or) about an increase in the period its use beyond the period specified in the compulsory insurance contract. Upon receipt of such a message, the insurer makes appropriate changes to the insurance policy. In this case, the insurer has the right to demand payment of an additional insurance premium in accordance with insurance tariffs for compulsory insurance in proportion to the increase in risk.

If there was no opportunity to visit the office of the insurance company before an unexpected trip, the policyholder faces a fine.

Will a fine be imposed if the owner is sitting next to him?

According to current legislation, this circumstance does not matter - the fine for driving someone else’s car without a properly issued insurance policy will also be 500 rubles. However, if the owner of the vehicle is sitting next to the driver, traffic police officers have the right to draw up a report both in the name of the driver and in the name of the policyholder.

All penalties specified in the article can be imposed an unlimited number of times if the driver continues to move and is caught by vigilant traffic police officers every day.

What happens if you don’t have insurance and a power of attorney for someone else’s car?

Every car enthusiast knows what documents you can’t hit the road without: driver’s license, registration certificate and compulsory motor liability insurance policy. Missing one of these is an offense punishable by a warning or fine. For lack of insurance, you can be charged from 500 to 800 rubles (depending on whether you forgot it at home or didn’t take out it at all).

Until 2012, there was also a requirement to issue a power of attorney for anyone who gets behind the wheel of your car. Today, the absence of a power of attorney is not an offense. But this document is necessary in cases where confirmation of the right to perform certain actions with someone else’s car is required, for example, to pick it up from an impound lot or sell it. The absence of a power of attorney in such situations does not entail punishment, but only limits the driver’s capabilities.

When can you avoid punishment for driving without insurance in someone else's vehicle?

The federal law on compulsory car insurance provides exceptions that allow you to avoid punishment for administrative offenses, including driving someone else's car without compulsory motor liability insurance. The absence of a policy is allowed for owners of certain types of vehicles:

• not developing a speed higher than 20 km/h;
• not allowed to participate in road traffic due to technical characteristics;
• Vehicles belonging to troops, except for transport used in economic activities.

These exceptions are specified in Part 3 of Article 4 of Federal Law No. 40. Another exception is provided for by the Motor Insurance Rules - the client of the insurance company is given the opportunity to take out insurance without limiting the persons allowed to drive. If there is one, any person can drive someone else’s vehicle.

The fine can be avoided if you enter into a purchase and sale agreement and simply destroy it after the trip. As you know, if there is a purchase and sale agreement, the new owner of the vehicle can move freely in it, since he has 10 days to register the car and issue compulsory motor liability insurance.

The best way to avoid punishment is to correctly issue compulsory motor liability insurance.

• If it is likely that different people (friends, colleagues, acquaintances) may be driving your car, it is better to purchase insurance “without restrictions”;
• If certain people (child, spouse, close relative) get behind the wheel, it is worth entering their full name in the columns of the section “Persons Approved to Drive” (limited).

It is not recommended to travel without a properly issued insurance policy. Its absence not only leads to endless fines, but also aggravates the situation when an insured event occurs. Compulsory insurance was introduced to make life easier for car owners, and if you take out it, then for your own good, follow all the rules, and do not treat insurance as a formal obligation.