Rules and procedure for bringing to administrative responsibility for violations of the Traffic Rules of the Russian Federation

Table of traffic police fines 2021

Renat-2,

Good evening.

After each “deprivation”, in order to return the license, you must pass a theoretical exam at the traffic police.

Code of Administrative Offenses of the Russian Federation Art. 32.6; 4.1. After the expiration of the period of deprivation of a special right for committing administrative offenses provided for in Article 9.3 and Chapter 12 of this Code, a driver’s license or a tractor driver’s (tractor driver’s) license seized from a person subjected to this type of administrative punishment is returned after checking his knowledge of the Traffic Rules and after payment in the prescribed manner of administrative fines imposed on him for administrative offenses in the field of road traffic, and for the commission of administrative offenses provided for in Part 1 of Article 12.8, Part 1 of Article 12.26 and Part 3 of Article 12.27 of this Code, also a medical examination of this person for the presence of medical contraindications to driving.

Articles of the Code of Administrative Offenses of the Russian Federation, deprivation of military rights:

Driving a car without license plates 12.2 part 2 - 2500 or deprivation of driving license for 1-3 months.

Installation of obviously false state registration plates on a vehicle 12.2 part 3 - 2500 or deprivation of rights for 1-3 months.

Driving a vehicle with obviously false state registration plates 12.2 part 4 - Deprivation of driving license for 6-12 months.

Driving a vehicle on which lighting devices with red lights are installed, as well as those that do not meet the requirements for permitting the vehicle to operate 12.5 Part 3 - Deprivation of license for 6-12 months. with confiscation of devices

Driving a vehicle on which devices for producing special light or sound signals are installed without permission 12.5 Part 4 - Deprivation of a driver’s license for 1-1.5 years with confiscation of devices

Use of devices installed without permission while driving a vehicle to produce special light or sound signals 12.5 Part 5 - Deprivation of a driver’s license for 1.5-2 years with confiscation of devices

Driving a vehicle on the outer surface of which color schemes of emergency service vehicles are illegally applied 12.5 part 6 - Deprivation of rights for 1-1.5 years Driving a vehicle by a driver under the influence of alcohol 12.8 part 1 - Deprivation of rights for 1.5-2 of the year

Transfer of control of a vehicle to a person who is intoxicated 12.8 Part 2 - Deprivation of rights for 1.5-2 years

Exceeding the established speed by more than 60 km/h 12.9 part 4 - from 2000 to 2500 or deprivation of rights for 4-6 months

Driving through a railway crossing at a prohibitory signal, crossing railway tracks outside the railway crossing, stopping and parking there 12.10 p.1 - 500 or deprivation of rights for 3-6 months Driving into the oncoming lane, connected to movement towards the traffic flow 12.15 part 4 - Deprivation of rights for a period of 4-6 months

Failure to provide priority in traffic to a vehicle with a special color and with a blue flashing light and a special sound signal turned on at the same time 12.17 part 2 - from 2500 to 3000 or deprivation of rights for 1-3 months

Violation of the rules for transporting dangerous, large, heavy cargo 12.21 part 2 - from 2000 to 2500 or deprivation of rights for 4-6 months

Violation of traffic rules or vehicle operating rules, resulting in minor harm to the health of the victim 12.24 part 1 - from 1000 to 1500 or deprivation of rights for 1-1.5 years

Violation of traffic rules or vehicle operating rules, resulting in the infliction of moderate harm to the health of the victim 12.24 part 2 - from 2000 to 2500 or deprivation of rights for 1.5-2 years

Refusal of medical examination for alcohol intoxication 12.26 - Deprivation of rights for 1.5-2 years

Leaving the scene of an accident by the driver in which he is a participant (administrative arrest for up to 15 days is possible) 12.27 part 2 - Deprivation of rights for 1.5-2 years

The Supreme Court clarified the issues of liability for road traffic violations

On June 25, the Supreme Court of the Russian Federation adopted the Resolution “On some issues arising in judicial practice when considering cases of administrative offenses provided for by Chapter 12 of the Code of Administrative Offenses of the Russian Federation,” most of the explanations of which are devoted to the qualification of offenses in the field of road traffic. As AG previously wrote, the draft document was considered in the first reading on June 11 and was sent for revision.

Qualification Questions

What traffic violations can lead to deprivation of rights: complete list

To make the information easier to understand, we will divide violations for which you can lose your rights into categories.

1. Violations of registration rules and technical requirements for the car

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• Repeated driving of a vehicle that is not registered in the prescribed manner
  shall entail the imposition of an administrative
  fine in the amount of five thousand rubles
  or
  deprivation
  of the right to drive vehicles for a period
  of one to three months
  .
• Driving a vehicle without state registration plates
  , as well as driving a vehicle
  without state registration plates installed in designated places,
  or driving a vehicle with
  state registration plates modified or equipped with the use of devices or materials that impede the identification of
  state registration plates
  or allow their modification or conceal
  shall entail the imposition of an administrative
  fine in the amount of five thousand rubles
  or
  deprivation of
  the right to drive vehicles for a period
  of one to three months
  .
• Driving a vehicle with knowingly false state registration plates
  entails
  deprivation
  of the right to drive vehicles for a period
  of six months to one year
  .
• Driving a vehicle on the front of which are installed lighting devices with red lights or red reflective devices
  , as well as
  lighting devices, the color of the lights and the mode of operation of which do not comply with the requirements of
  the Basic Regulations for the admission of vehicles to operation and the duties of safety officials traffic offenses entails
  deprivation
  of the right to drive vehicles for a period
  of six months to one year
  with confiscation of the specified devices and accessories.
• Driving a vehicle on which devices for producing special light or sound signals
  (with the exception of security alarms)
  are installed without the appropriate permit deprivation
  of the right to drive vehicles for a period
  of one to one and a half years
  with confiscation of these devices.

• The use of devices for giving special light or sound signals (with the exception of security alarms) installed without the appropriate permission
  entails
  deprivation
  of the right to drive vehicles for a period
  of one and a half to two years
  with confiscation of these devices.
• Driving a vehicle on the outer surfaces of which special color schemes of emergency services vehicles are illegally applied
  will entail
  deprivation of
  the right to drive vehicles for a period
  of one to one and a half years
  .

2. Violations associated with alcohol and drug intoxication

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• Driving
  a vehicle by a driver who is
  intoxicated
  , if such actions do not constitute a criminal offense, shall entail the imposition of an administrative
  fine in the amount of thirty thousand rubles
  with
  deprivation
  of the right to drive vehicles for a period
  of one and a half to two years
  .
• Transferring control
  of a vehicle to a person in
  a state of intoxication
  entails the imposition of an administrative
  fine in the amount of thirty thousand rubles
  with
  deprivation
  of the right to drive vehicles for a period
  of one and a half to two years
  .
• Failure
  by the driver of a vehicle to comply with the legal requirement of an authorized official to
  undergo a medical examination for intoxication
  , if such actions (inaction) do not contain a criminal offense, shall entail the imposition of an administrative
  fine in the amount of thirty thousand rubles
  with
  deprivation
  of the right to drive vehicles for a term
  of one and a half to two years
  .
• Failure to comply with
  the requirement of the Traffic Rules to
  prohibit the driver from consuming alcoholic beverages, narcotic or psychotropic substances after a traffic accident
  in which he is involved, or
  
  an examination
  
  by an authorized official is carried out in order to establish state of intoxication or until an authorized official makes a decision on exemption from such an examination shall entail the imposition of an administrative
  fine in the amount of thirty thousand rubles
  with
  deprivation
  of the right to drive vehicles for a period
  of one and a half to two years
  .

3. Violations related to speeding

• Exceeding
  the established speed of a vehicle by
  more than 60 but not more than 80 kilometers per hour
  entails an administrative
  fine in the amount of two thousand to two thousand five hundred rubles
  or
  deprivation
  of the right to drive vehicles for a period
  of four to six months
  .
• Exceeding
  the established speed of a vehicle by
  more than 80 kilometers per hour
  entails an administrative
  fine in the amount of five thousand rubles
  or
  deprivation
  of the right to drive vehicles for a period of
  six months
  .
• Repeatedly exceeding
  the established speed of a vehicle by
  more than 60, but not more than 80 kilometers per hour
  or by
  more than 80 kilometers per hour
  entails
  deprivation
  of the right to drive vehicles for a period of
  one year
  , and in the event of an administrative offense being recorded by special technical devices operating in automatic mode. means that have the functions of photography, filming, and video recording - the imposition of an administrative
  fine in the amount of five thousand rubles
  .

4. Violations related to driving under prohibitory signals

• Crossing a railway track outside a railway crossing, entering a railway crossing when the barrier is closed or closing, or when there is a prohibiting signal from a traffic light or the crossing officer on duty, as well as stopping or parking at a railway crossing shall entail the imposition of an administrative fine in the amount of one thousand rubles
  or
  the deprivation
  of the right to drive vehicles for period
  from three to six months
  .
• Repeated
  crossing of a railway track outside a railway crossing, entering a railway crossing when the barrier is closed or closing, or when there is a prohibiting signal from a traffic light or the crossing officer, as well as stopping or parking at a railway crossing, entails
  deprivation
  of the right to drive vehicles for a period of
  one year
  .

• Repeatedly
  driving through a prohibiting traffic light signal or a traffic controller's prohibiting gesture will entail the imposition of an administrative
  fine in the amount of five thousand rubles
  or
  deprivation
  of the right to drive vehicles for a period
  of four to six months
  .

5. Violations related to traffic in the opposite direction

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• Driving, in violation of the Traffic Rules, onto a lane intended for oncoming traffic, or onto tram tracks in the opposite direction, with the exception of cases of avoiding an obstacle, shall entail the imposition of an administrative fine in the amount of five thousand rubles
  or
  deprivation
  of the right to drive vehicles for a period
  of four to six months
  .
• Repeated
  entry, in violation of the Traffic Rules, into a lane intended for oncoming traffic, or onto tram tracks in the opposite direction, with the exception of cases of avoiding an obstacle, entails
  deprivation
  of the right to drive vehicles for a period of
  one year
  , and in the event of an administrative offense being recorded using special technical means operating automatically having the functions of photography, filming, video recording, or means of photography, filming, video recording - imposition of an administrative
  fine in the amount of five thousand rubles
  .
• Driving in the opposite direction on a one-way road entails an administrative fine in the amount of five thousand rubles
  or
  deprivation
  of the right to drive vehicles for a period
  of four to six months
  .
• Repeated
  movement in the opposite direction on a one-way road entails
  deprivation
  of the right to drive vehicles for a period of
  one year
  , and in the case of recording an administrative offense using special technical means operating automatically, having the functions of photography and filming, video recording, or means of photography and filming , video recordings - imposition of an administrative
  fine in the amount of five thousand rubles
  .

6. Violations related to failure to provide advantage in traffic

• Failure to provide priority in movement
  to a vehicle that has
  special color schemes
  , inscriptions and designations applied to the outer surfaces,
  with a blue flashing light and a special sound signal simultaneously turned on,
  shall entail the imposition of an administrative
  fine in the amount of five hundred rubles
  or
  deprivation
  of the right to drive vehicles for a period
  of one to one month. three months
  .

7. Violations related to harm to health

• Violation of the Traffic Rules or the rules of operation of a vehicle, resulting in minor harm to the health of the victim
  , entails the imposition of an administrative
  fine in the amount of two thousand five hundred to five thousand rubles
  or
  deprivation
  of the right to drive vehicles for a period
  of one to one and a half years
  .
• Violation of the Traffic Rules or the rules of operation of a vehicle, resulting in the infliction of moderate harm to the health of the victim
  , entails the imposition of an administrative
  fine in the amount of ten thousand to twenty-five thousand rubles
  or deprivation of the right to drive vehicles for a period
  of one and a half to two years
  .

8. Violations related to leaving the scene of an accident

• Leaving by the driver,
  in violation of the Traffic Rules
  the scene of a traffic accident
  in which he was a participant, entails
  deprivation
  of the right to drive vehicles for a period
  of one to one and a half years
  or
  administrative arrest for a period of up to fifteen days
  .

Topic 28. Driver's responsibility.

First of all, we need to understand that there are three types of responsibility:

Administrative responsibility.

Civil responsibility.

Criminal liability.

At the same time, there are three relevant legal acts,

in which the state makes its will generally binding:

Code of Administrative Offenses (CAO RF).

Civil Code (Civil Code of the Russian Federation).

Criminal Code (Criminal Code of the Russian Federation).

Legislators have long listed and classified all our possible offenses!

Administrative responsibility of the driver.

With administrative responsibility

a driver collides right on the road when he is stopped by a traffic police inspector for violating the traffic rules. And every violator must be held accountable! And this is where the Code of Administrative Offenses (CAO) comes into force, which clearly states how exactly drivers should be punished for a particular violation. This is how administrative punishment is characterized in the Administrative Code itself, in Article 3.1:

1.

Administrative punishment is a measure of responsibility established by the state for committing an administrative offense and is used to prevent the commission of new offenses both by the offender himself and by other persons.

2.

Administrative punishment cannot be aimed at humiliating the human dignity of an individual who has committed an administrative offense, or causing him physical suffering, as well as harming the business reputation of a legal entity.

The Code of Administrative Offenses (CAO) contains
six types of punishments:
1.
Warning
.

A very unpopular type of administrative punishment (used extremely rarely).

2.
Fine
.

This is exactly the most popular type of punishment.

3.
Deprivation of the right to drive vehicles
.

A driver may be deprived of his license, for example, for driving in oncoming traffic or for fleeing the scene of an accident.

4.
Confiscation of an instrument or subject of an administrative offense.
For example, if a driver is illegally engaged in private transportation, he will definitely be fined. And if he also illegally installed the “Taxi” lamp, then the lamp will definitely be taken away (confiscated).

5.
Administrative arrest.
These are the same notorious “15 days”. By the way, you can get 15 days for failure to pay a fine on time.

6.
Mandatory work.
Compulsory work consists of the performance by an individual who has committed an administrative offense of free socially useful work during his free time from his main job, service or study.

And they ask about this during the exam - do you know all types of administrative penalties:

Violation of violation discord!

It’s one thing to cross a solid marking line, changing lanes (a warning or a fine of 500 rubles), and quite another thing to drive across a solid line into oncoming traffic (a fine of 5,000 rubles or deprivation of rights for 4-6 months).

If you drive incorrectly (on a “brick”) into the territory of a gas station, the penalty is minimal - a warning or a fine of 500 rubles, and if you drive on the same “brick” onto a one-way road, you can again lose your license for six months.

Today it is customary to place an abbreviated extract from Chapter 12 of the Code of Administrative Offenses in the form of a table on the last pages of the thin book “Road Rules”. And this table, typed in neat text, takes up seven whole pages. It would be absurd to require drivers to memorize this entire table.

But you must know the required “candidate minimum”. It was this “candidate minimum” that the authors of the examination book included in the Tickets.

And as for administrative responsibility, according to the authors of the exam papers, you should know and remember the following types of your possible sins:

1.
Administrative Code, Article 12, part 3.1 . Driving a vehicle with glass (including glass coated with transparent colored films) whose light transmission does not meet the requirements of the technical regulations on the safety of wheeled vehicles is subject to an administrative fine of five hundred rubles.
Until November 14, 2014, for incorrect tinting, not only were they fined, but the vehicle was also detained (and placed in a special parking lot). But then legislators came to their senses and decided that this was too much.

Today, for improper tinting of windows - only a fine of 500 rubles

, as well as for other malfunctions for which the operation of the vehicle is prohibited.

2.
Administrative Code. 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 known to be absent, entails the imposition of an administrative fine in the amount of eight hundred rubles.
That is, what does it turn out to be! - no one will take the car, they will not deprive the license, the license plate will not be removed, you can continue in the same spirit, regularly paying 800 rubles!?

If you have owned a car for a long time and it is registered with the State Traffic Safety Inspectorate (the MTPL policy has simply expired and you have not taken out a new policy), then this will be the case.

3.
Administrative Code. Article 12.27. Part 2. Leaving by the driver, in violation of the Traffic Rules, the scene of a traffic accident in which he was a participant, entails deprivation of the right to drive vehicles for a period of one to one and a half years or administrative arrest for a period of up to fifteen days.

The driver’s responsibilities in case of an accident are listed in paragraph 2.5 of the Road Traffic Rules.

In particular, the driver is obliged to stop immediately, turn on the emergency lights, display an emergency stop sign and not move objects related to the incident.

In fact, the Rules allow drivers to leave the scene of an accident, but only on the condition that there are no injuries, there are no more than two participants in the accident, and both agree on the assessment of what happened. In this case, drivers may not call the police, but sort out what is called “amicably” and leave.

But in all other cases, leaving the scene of an accident is prohibited! We have to wait for the traffic police officer.

If you leave the scene of an accident in violation of the Rules

, then Part 2 of Article 12.27 of the Code of Administrative Offenses will be applied to the driver -
deprivation of the right to drive vehicles for a period of one to one and a half years or administrative arrest for a period of up to fifteen days.
4. Detention of the vehicle.

Detention of a vehicle is its exclusion from the process of transporting people and goods. When detained, the vehicle is either taken to an impound lot or a blocking device is installed on one of the wheels.

There are many reasons for arrest - from driving a vehicle while intoxicated to operating a vehicle with faulty brakes.

Or, for example, an inspector demands your documents, and you are horrified to discover that you forgot them at home. Of course, the car will be detained.

And here it is important to behave correctly.

You call your wife, and she quickly brings the documents forgotten at home. And all you need to do for this is to be polite and clearly explain the reason to the inspector (it’s warm today, I put on a spring jacket, but the documents were left in my winter jacket). After all, if a car is detained, it is only until the reason for the detention is eliminated.

As soon as the documents are delivered, the inspector will no longer have any grounds to detain the vehicle.

Just keep in mind that the inspector will not wait long and will send the car to the impound lot.

And if the documents are really lost, then, among other things, you will have to prepare for a long procedure for their recovery.

All violations leading to DETENTION of the VEHICLE are listed in Part 1 of Article 27.13.

And in accordance with the Code of Administrative Offenses, when an administrative offense is committed that entails the detention of a vehicle, the vehicle is detained
until the reason for the detention is eliminated.
5.
Examination for intoxication.

For an inspector, sufficient reason to believe that the driver is intoxicated is the presence of one of the following signs:

– smell of alcohol on the breath,

– instability of posture,

– speech disorder,

– a sharp change in the color of the skin of the face,

– behavior that is inappropriate to the situation.

Therefore, do not be surprised if he asks you to say the word “lilac” three times or, for example, take a dozen steps along the road marking line.

And if the suspicions are confirmed, the driver will be politely asked to undergo an intoxication test right there on the spot, that is, to blow into a tube. If the breathalyzer shows that the norm is exceeded, and the driver agrees with this, then everything is clear:

Code of Administrative Offences.
Article 12.8. Part 1. Driving a vehicle while a driver is intoxicated shall entail the imposition of an administrative fine in the amount of thirty thousand rubles with deprivation of the right to drive vehicles for a period of one and a half to two years.

However, the driver may not agree, and here the Law took into account all possible scenarios:

– the breathalyzer showed nothing, but suspicions remained (postural instability, speech impairment, etc.);

– the breathalyzer showed something, but the driver does not agree with the readings;

– the driver refuses to blow into the tube.

In all three cases, the inspector has the right (and even the obligation) to forcibly send the driver for a special medical examination. This right is stated in the Law:

Code of Administrative Offences.
Article 27.12. Part 1.1. If the person refuses to undergo an examination for alcohol intoxication or the specified person disagrees with the results of the examination, as well as if there are sufficient grounds to believe that the person is in a state of intoxication, and the result of the examination for alcohol intoxication is negative, the specified person is subject to referral for a medical examination for intoxication. .

A medical examination is a more serious procedure. Here they check not only the presence of alcohol in the blood, but also the presence of narcotic substances.

The driver has no right to refuse a medical examination. That is, you can refuse, but such a refusal entails inevitable punishment:

Code of Administrative Offences.
Article 12.26. Part 1. Failure by the driver of a vehicle to comply with the legal requirement of an authorized official to undergo a medical examination for intoxication shall entail the imposition of an administrative fine in the amount of thirty thousand rubles with deprivation of the right to drive vehicles for a period of one and a half to two years.
As a result, we have the following, and everyone definitely needs to know this

:

The driver is sent for a medical examination if the inspector’s breathalyzer shows the presence of absolute ethyl alcohol in the body in a concentration exceeding 0.16 mg per liter of exhaled air.

The driver is sent for a medical examination if the inspector’s breathalyzer does not show anything, but the inspector himself has reason to believe...

The driver is sent for a medical examination if he refuses to blow into the inspector's breathalyzer.

If the driver refuses a medical examination, then the punishment is inevitable, and it is the same as if the driver was dead drunk.

6.
Deprivation of the right to drive a vehicle.
There are many violations that entail deprivation of rights - as many as 22 of them. This includes driving into oncoming traffic, failing to give way to an ambulance, refusing a medical examination for intoxication, and whatnot. For example, you can lose your license if you violate traffic light requirements twice (within a year).

The authors of the Tickets do not require you to know them all. But they want you to know the procedure for depriving a driver of the right to drive a vehicle.

And the procedure is like this:

The inspector will draw up a Protocol on an administrative violation, but will not take away the driver’s license, and on the appointed day the driver will appear before the magistrate, where his future fate will be decided.

If a not guilty verdict is reached during the trial, the driver will be released in peace.

If the judge nevertheless deprives the driver of the right to drive, then in this case the driver’s license will not be immediately taken away (the driver still has a statutory period for appealing the court ruling).

And only after the expiration of this period, if the decision made has not been appealed or protested,
will it enter into legal force.
From
this moment on, the term of the imposed punishment will be reported, and the driver’s license will be confiscated.
7.
Administrative arrest.
And the authors of the Tickets also want you to know what awaits a negligent driver if he, having been deprived of his license, continues to drive.

Let's imagine this scenario: the driver was deprived of his license for a certain period, but he continues to drive. This happens all the time, and the Code, of course, could not help but respond:

Code of Administrative Offences.
Article 12.7. Part 2. Driving a vehicle by a driver deprived of the right to drive a vehicle shall entail the imposition of an administrative fine in the amount of thirty thousand rubles, or administrative arrest for a term of up to fifteen days , or compulsory labor for a period of one hundred to two hundred hours.

Now let’s imagine that this driver (already deprived of his license) not only continues to drive, but also has a collision and runs away from the scene of the accident. The driver, of course, will be found, and if no one was injured in the accident (only equipment), then in addition to civil liability (compensation for material damage), this driver will also bear administrative liability.

True, the Code of Administrative Offenses did not offer anything special for this case. The same article 12.27, which generally applies to any driver who leaves the scene of an accident in violation of the Rules:

Code of Administrative Offences.
Articles 12.27. Part 2. Leaving by the driver, in violation of the Traffic Rules, the scene of a traffic accident in which he was a participant, entails deprivation of the right to drive vehicles for a period of one to one and a half years or administrative arrest for a period of up to fifteen days .

Finally, this option is also possible - the driver not only continues to drive without a license, but is also drunk.

Since there is nothing to deprive him of (he has no rights anyway), he gets 15 days:

Code of Administrative Offences.
Article 12.8. Part 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 entails administrative arrest for a period of ten to fifteen days.
Interestingly! – in the first two cases, the term of arrest is up to 15 days. That is, the Judge has the right to assign, for example, 1 day of arrest.

And in the latter case, the period of arrest is from 10 to 15 days. That is, the Judge cannot assign less than 10 days.

8.
Mandatory work.
You already know everything about a driver who has been deprived of his license - if such a driver continues to drive, he can receive from 1 to 15 days of arrest (this is how the magistrate decides, understanding the circumstances of the incident).

But not only 15 days. In fact, the judge has a wide choice: either a fine or administrative arrest, but you can also “solder in” compulsory work:

Code of Administrative Offences.
Article 12.7 Part 2. Driving a vehicle by a driver deprived of the right to drive a vehicle shall entail the imposition of an administrative fine in the amount of thirty thousand rubles, or administrative arrest for up to fifteen days, or compulsory work for a period of one hundred to two hundred hours .
Draw your attention!

Article 12.7 above applies to drivers who have the right to drive vehicles,
but are temporarily deprived of this right.
It’s a completely different matter if a person has never had a license and gets behind the wheel. I emphasize! – he hasn’t done anything yet, he’s just driving without a license.

In Russia, learning to drive is allowed only in driving schools.

Any other option is qualified as “transferring control of a vehicle to a person who obviously does not have the right to drive a vehicle.”

And this is a completely different violation and a completely different punishment!

Code of Administrative Offences.
Article 12.7. Part 3. Transferring control of a vehicle to a person who obviously does not have the right to drive a vehicle (except for training driving) or who has been deprived of such a right shall entail the imposition of an administrative fine in the amount of thirty thousand rubles.
Code of Administrative Offences.
Article 12.7. Part 1. Driving a vehicle by a driver who does not have the right to drive a vehicle (except for instructional driving) shall entail the imposition of an administrative fine in the amount of five thousand to fifteen thousand rubles.
That is, if a father wants to teach his son (daughter) to drive a car himself,
then he will pay 30 thousand rubles.
And if the son (daughter) is already 18 years old,
then 15 thousand .
But no arrests or correctional work. Only a fine.

9.
Return of the driver's license.
And the authors of the Tickets also want you to know what will be required of the driver after the expiration of the driver’s license revocation period. There (in the Tickets) they ask directly:

This is where the “candidate minimum” for the driver’s administrative responsibility ended.

Now let's see what the authors of the Tickets want from you regarding the driver's civil liability.

Driver's civil liability.

Civil responsibility

– this is compensation for material damage (and today also moral damage).

Now remember what OSAGO stands for - compulsory civil liability insurance

.

This is a common practice in all civilized countries of the world. Drivers are required to insure their civil liability, which means that the Law protected the interests of the victim - he is guaranteed to receive compensation from the insurance company for the damage caused.

True, the issue can be easily resolved only if everyone agrees in their assessment of what happened. If the opinions of the participants in the accident differ in their assessment of what happened, then only the court can determine who owes whom and how much!

And the Court will be guided by the civil code in force in the country.

The authors of the Tickets did not ask you about all sorts of conflicts of legal proceedings. They asked about only one case - did you know that, in accordance with Article 1079 of the Civil Code of the Russian Federation, a driver can be released from liability if the harm caused by him arose as a result of force majeure or the intent of the victim.

True, this still needs to be proven.

Force majeure is when there is an earthquake or tsunami, or the ground simply collapses. And here, as a rule, there is no need to prove anything - the fact is obvious.

But the fact of the “frame-up” will have to be proven. It’s good if the development of events was recorded by some kind of video camera, then perhaps it will be possible to prove that the harm was caused due to the intent of the victim.

Criminal liability of the driver.

It would be nice if only the iron suffered in every accident. Unfortunately, people also suffer. This happens either as a result of a violation of traffic rules, or as a result of a violation of the rules for operating a vehicle.

The law divided human suffering into four degrees:

– slight harm to health;

– harm to health of moderate severity;

– serious harm to health;

- death of the victim.

The degree of severity of harm to health is determined by a forensic medical expert based on medical criteria.

Minor harm to health is a short-term health disorder (up to 21 days inclusive), or a minor (less than 10%) persistent loss of general ability to work.

Moderate health harm is a non-life-threatening long-term (more than 21 days) health disorder or significant (up to 33% inclusive) persistent loss of general ability to work.

In these two cases, the Law establishes administrative (not criminal) liability, and this provision is contained in the Code of Administrative Offenses, in Article 12.24:

Code of Administrative Offences.
Article 12.24. Part 1. Violation of the Traffic Rules or the rules of operation of a vehicle, resulting in minor harm to the health of the victim, entails the imposition of an administrative fine in the amount of two thousand five hundred to five thousand rubles or deprivation of the right to drive vehicles for a period of one to one and a half years .
Code of Administrative Offences.
Article 12.24. Part 1. Violation of the Traffic Rules or the rules of operation of a vehicle, resulting in the infliction of moderate harm to the health of the victim, entails the imposition of an administrative fine in the amount of ten thousand to twenty-five thousand rubles or deprivation of the right to drive vehicles for a period of one and a half to two years.
As for causing grievous harm to the health or death of the victim, there is nothing in the Code of Administrative Offenses on this matter. This is no longer an administrative liability, but a criminal one, and one should read not the Code of Administrative Offenses of the Russian Federation, but the Criminal Code of the Russian Federation, namely Article 264.

Drivers are generally not criminals. And if people were injured as a result of an accident, then, of course, the driver had no malicious intent. This is simply a tragic mistake!

But you were warned - you are driving a “high-risk vehicle” and therefore must always be careful!

The law has defined this as follows: criminal liability for drivers may arise
in the event of serious harm to the health of the victim or in the event of death.
And, of course, the driver can only be subject to criminal punishment by a court decision!

And they ask about criminal liability in the exam.

And to begin with , they ask if you understand when criminal liability occurs,

when - civil and when - administrative.

And so it was until December 31, 2014.

And starting from this date,
the driver can become a criminal without injuring or killing anyone. It is enough to be detained twice while driving while drunk.

Code of Administrative Offenses

Code of Administrative Offenses of the Russian Federation (CAO) according to articles with names of violations and possible punishments. Click on any article to read liability details and our practice notes.

Nothing found

Penalty on the side of the road

So, in our story, the driver changed lanes to the right. But at that moment, another driver, who was driving in a dedicated lane for public transport, decided to change lanes to the left. In the end they met. The traffic police officer decided that the driver who changed lanes to the right was to blame for the accident. After all, he was obliged to give way to the car, which was an obstacle on the right. This is stated in the rules. And all the courts supported this decision.

Except the Supreme. The Supreme Court indicated that the inspector, in addition to ruling against the driver who changed lanes to the right, also issued a fine to the driver who changed lanes to the left for driving in a designated lane for public transport. This means that this driver did not have an advantage. Accordingly, the first driver should not have given way to him.

The Supreme Court recalled the explanations of its Plenum, according to which, the driver of a vehicle moving in violation of the Traffic Rules along a trajectory along which movement is not allowed (for example, along the side of the road, in the opposite direction on a one-way road), or entering an intersection on a prohibiting traffic light signal or a traffic controller's gesture does not have the right of way, and other drivers (for example, leaving an adjacent territory or making a turn) do not have the obligation to give way to him.

Therefore, the Supreme Court overturned the decisions of the lower courts, the resolution, and also terminated the proceedings due to the lack of an administrative offense.

A driver who is making a turn is not required to give way to a driver moving along a path along which traffic is prohibited.

The resolution of the Plenum of the Supreme Court, adopted in July 2021, is still relevant. There are plenty of people who like to avoid traffic jams on the side of the road. One motorist was turning right from the far right lane. But another one was driving along the side of the road. The result is an accident. Or a motorist driving on a secondary road began to cross the intersection when another motorist gave way to him. But here’s the problem: the “bullet man” jumped out again. And again an accident. In both situations, the one who moved along the side of the road will be to blame.

Here's another interesting situation. The lady driver was turning left from the far left lane. A truck from the next row was also turning left. She didn't have enough turning radius and hit the woman's car. The inspector considered that the lady was to blame for the accident, since the truck was an obstacle to her on the right. However, the woman strictly followed all the rules - she turned from her far left lane. While the truck was making a turn out of its lane. For such cases, the rules provide exceptions if a large car does not have enough turning radius. However, such a maneuver can be performed only after making sure of its safety. The truck driver was not convinced of this.

However, such a decision of the Plenum of the Supreme Court does not mean that you can safely ram those who break the rules. As lawyer Sergei Radko explained, when a driver makes a left turn, he is obliged to ensure the safety of his maneuver. And he is not authorized to evaluate the legality of the actions of other drivers. The decision of the Supreme Court only says that such a driver cannot be held accountable for not giving way to someone who violated the rules.

And if we are talking about an accident with victims, then the court will carefully analyze the actions of the drivers and assess the degree of guilt of each.