What is the fine if it is not included in the compulsory motor liability insurance in 2021?
The situation when you need to drive, there is insurance, but a specific driver is not included in it, arises very often. The traffic rules contain the following list of documents that the driver of the vehicle must have:
- Driver's license
- Vehicle documents
- MTPL policy (if the obligation is established by federal law)
It would seem that there is a policy - you can move. But that's not true.
Important! Under compulsory insurance, it is not the car that is insured, but the liability of the person driving it.
There are two types of policies - limited and unlimited. In the first case, a specific list of drivers who have the right to drive this car is indicated. In the second, anyone with the appropriate vehicle category can get behind the wheel.
Limited policies are cheaper, but you need to provide a list of drivers in advance. Unlimited ones are much more expensive, but there are no problems with choosing a driver.
Responsibility for the absence of compulsory motor liability insurance in the policy in 2021 is still only administrative - a fine of 500 rubles . Lack of insurance is punishable by a fine of 800 rubles . The police draw up a report, and can we move on? It doesn't always work out that way. Law enforcement officers can remove the driver from driving until they find out on what basis he was driving the car in the first place. Registration documents for another person and lack of insurance raise suspicions of unauthorized use of the car. Therefore, most likely you will need to call and wait for the owner. Accordingly, waste time.
But the situation is not hopeless. You can cheat. A document confirming the right to use and eliminating the need for another person to be included in the insurance will be a car sales agreement. It can be completed and signed right before the trip. The validity period of the contract itself is unlimited. In this case, the policy does not need to be shown to the police. But you can only drive carelessly for 10 days, after which, according to the law, you need to register the car at your place of residence. And accordingly, officially issue the policy. Therefore, in extreme cases, you can travel without compulsory motor liability insurance, but every 10 days you need to update the dates and rewrite the contract.
A fine of 5,000 rubles?
The State Duma recently considered a draft law to increase the fine for lack of compulsory motor insurance to 5,000 rubles. The State Duma did not support this initiative.
What else to read:
- My car was scratched in the yard, what should I do?
- Europrotocol 2021
- How to get money instead of repairs under compulsory motor liability insurance: a detailed review
Is there a parking lot?
No. The evacuation of a car to an impound lot is also regulated by the corresponding article of the Administrative Code - 27.13. Listed here are other articles of this legal act for which the vehicle is subject to detention.
And there is not a single part of Article 12.37 here. This means that only a fine will be issued for driving an unregistered driver. Special parking is not provided for this.
But every new start of traffic - including after you are stopped by a traffic police inspector and issued a fine - forms a basis for a new prosecution under the same article. Therefore, you will have to put the owner of the car behind the wheel.
How many times per day can you be fined?
Dear readers!
Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your particular problem, please contact the online consultant form
It's fast and free!
Or call us by phone (24/7):
If you want to find out how to solve your particular problem, call us by phone. It's fast and free!
+7 (495) 980-97-90(ext.589) Moscow,
Moscow region
+8 (812) 449-45-96(ext.928) St. Petersburg,
Leningrad region
+8 (800) 700-99-56 (ext. 590) Regions
(free call for all regions of Russia)
The legislation of the Russian Federation excludes the possibility of administrative punishment for the same violation repeatedly. Therefore, if an inspector stops you, thinks to check your MTPL policy and draws up a report, you are punished. And for this offense you will not be fined a second time, but only by the same inspector. Laws do not allow time to correct the situation. The police cannot interfere with your actions, but you must leave the vehicle, buy insurance and move on.
If you continue driving and get caught again, you will receive another fine. After all, this is a different place, time and, accordingly, a different violation. The epic can last forever until you purchase a policy.
Time and methods of paying the fine
After a fine is imposed, the driver is given a 10-day period to appeal it. If he did not exercise his right, or the appeal was refused, the court decision comes into force. A period of two calendar months is allotted for paying a fine imposed for violating traffic rules.
In case of delay, according to Article No. 20.25 of the Code of Administrative , the violator is subject to one of the following penalties:
- Increase in the amount of the fine by 2 times.
- Administrative arrest for 15 days.
- Forced labor for up to 50 hours.
If the penalty is paid within 20 days from the date of imposition, the violator is given a 50% discount . There are several ways to pay the fine:
- Through a branch of any commercial bank.
- Through a payment terminal.
- Using the State Services portal.
- On the official website of the traffic police.
- When visiting a post office.
- Through a mobile application on a smartphone or tablet.
to keep the payment receipt for six months in case of technical problems when transferring funds. Then the payer will be able to confirm the fact of payment, avoiding prosecution under Art. No. 20.25 Code of Administrative Offences .
The driver is not included in the insurance, the owner is nearby
OSAGO issued in the name of the owner, and he himself is nearby, do not in any way mitigate the guilt of the driver who is not included in the insurance. Therefore, he immediately receives a fine of 500 rubles and, if desired, can move on. But he must take into account the possibility of multiple punishments.
An exception may be a situation when the owner of the car became ill and someone volunteered to urgently take him to a health care facility. And then this will need to be proven to a police officer.
Insurance technologies do not stand still and now some companies are ready to issue and supplement policies online. Additional payment for one more driver is made instantly by electronic payment from a smartphone. Therefore, you can try this option before your trip. If it doesn’t work out, we again draw up and sign a sales agreement. Only in these cases will the traffic police inspectors have no complaints.
When will there be no fine for lack of insurance?
Article 4 of the Federal Law “On Compulsory Motor Liability Insurance” stipulates a list of cases when insurance is not required:
- if the vehicle is not capable of reaching a speed of more than 20 km/h;
- if the vehicle is not intended for driving on public roads;
- if the transport belongs to the Armed Forces or other troops;
- if the car has a Green Card, international insurance;
- if the car was purchased by a new owner, and 10 days have not yet passed from the date of purchase.
In addition, Part 1, Clause 3, Art. 24.5 of the Code of Administrative Offenses allows drivers to violate legal norms if there is an emergency. For example, while saving the life of a car owner, a friend sitting next to him got behind the wheel without being included in the insurance in order to take him to the hospital. The fact of extreme necessity must be documented, for example, with a certificate from the hospital.
Feature of unlimited MTPL insurance
Unlimited insurance is the same MTPL policy as with a limited list of drivers. There is simply no such list, and such insurance does not limit the number of persons who have the right to manage it. There are no differences in cost depending on the age and experience of the driver.
Features of this policy:
- the cost increases by 80% compared to the limited one;
- Driver data is not indicated, this is especially important for commercial vehicles;
- the discount for trouble-free operation or lack thereof is tied to the car and the owner;
- The owner can at any time contact the insurance company and change the policy to limited insurance; funds are usually reimbursed.
This type of insurance is most suitable for legal entities whose drivers are constantly changing, and private owners who often entrust the driving to other persons. Unlimited insurance is sold by everyone, without exception, companies. The design is very simple. Because there is no need to indicate the data of potential drivers, take into account experience and accident-free driving when calculating the cost of the policy. Therefore, such insurance is easy to buy online.
Is it possible to enter another person
The owner may not fit into OSAGO. Both the owner and the driver can buy an insurance policy for a car, i.e. the owner of the vehicle does not necessarily have to act as an insured. Moreover, the owner may not have a license at all, then it will be impossible to include it in the insurance.
Insurance can be limited or unlimited:
- A policy with restrictions allows you to include no more than 5 people in the list of persons allowed to drive, including the owner. If the accident is caused by an unauthorized person, the insurer will compensate the injured party for the damage, but then it will recover it from the culprit.
- Unlimited insurance is more expensive, but it includes all risks and allows the vehicle to be driven by a non-registered driver. If such a driver is stopped by a traffic police officer, he will not be given a fine.
The owner of the car can add a new driver to the MTPL at any time. To do this you need:
- Come to the insurer's office in person.
- Provide the insurance policy, passport and driver's license of the listed driver
- Make an additional payment for registering a new person. If he has a long driving record, there are no violations or accidents, then the additional payment may be zero.
- Receive a receipt and save it.
As a result, the new driver will be able to drive your car without fear of fines, other consequences and misunderstandings with state traffic inspectors.
What happens if there is an accident in which the culprit is not included in the insurance?
Sometimes you manage to drive with a sales contract that is constantly being renewed, or simply slip past the traffic police officers. Everything is spoiled by unforeseen situations, and in relation to motor transport these are road accidents. And then even fines of 500 - 800 rubles already seem like a trifle.
Who will bear financial responsibility in the event of an accident? The culprit without a policy will reimburse the expenses of the victims. Even if insurers pay for repairs or damage to the injured party under CASCO, then they will definitely sue the culprit for their money. And with the help of bailiffs or collectors they will compensate for their losses.
Important! Victims, even without an insurance company, can go to court and recover money for the damage caused, even more than the limit under compulsory motor liability insurance. Sometimes it comes to repossession of property and sale of real estate. The courts always satisfy such claims, and the perpetrators pay in full.
Therefore, in the event of an accident, it is better to immediately peacefully agree on further steps to resolve the conflict.
If the injured driver is not on the insurance policy, then he will, of course, be fined. But he will receive payment for the damage from the insurance company of the person responsible for the accident. The fine for the culprit without a compulsory motor liability insurance policy is 800 rubles, and for a driver not included in the insurance policy – 500 rubles.
Video on the topic:
Why include the driver in the policy?
In addition to a fine, a driver driving a car for which he is not included in the insurance will face a number of other penalties. The traffic police officer can:
- draw up a protocol on the fact of the offense;
- detain the car and send it to the impound lot.
Only the owner can pick up the vehicle from the special parking lot. But evacuation can be avoided if the owner of the car or another person included in the policy comes to the place where the driver stops. If one of these people arrives at the site before the tow truck, then the car is handed over to him, rather than sent to a special parking lot. As a result, the fined driver and vehicle can leave the point of detention. Moreover, the driver can only ride as a passenger, since according to the law he has no right to drive a car.
If the owner or driver registered in the policy does not have time to arrive at the place of detention, the car will be towed away. The owner will be able to pick it up only after paying for the services of a tow truck, storing the vehicle in a special parking lot and directly paying a fine. The amount of penalties is calculated individually.
If the owner is nearby when the car is detained, then only the driver will be fined. If the owner became ill and that is why he put a third person behind the wheel, then the imposition of a fine remains at the discretion of the state traffic inspector.
Do I need a power of attorney?
If the driver is included in the insurance policy, then he can safely be trusted to drive the car. The traffic police officers will have no complaints. After all, for management you need only three documents: a license, a car certificate and a compulsory motor liability insurance policy. A power of attorney does not replace insurance. The absence of a policy will entail a fine of 800 rubles, and for the absence of a driver on the policy - the same fine of 500 rubles.
A power of attorney is not needed to drive a car; it is required in other cases:
- To travel outside the country;
- When selling a car;
- Passing maintenance;
- For state registration of vehicles.
Therefore, the absence of a power of attorney does not affect the ability to operate the machine. And the presence of a power of attorney and the absence of compulsory motor liability insurance leads to administrative punishment in the form of a fine.
Types of insurance policies
There are 2 types of MTPL policies:
- With limitation. This policy covers up to 5 people who have the right to drive a car. You can enter the data of additional persons, but the cost of the policy will increase, since the insurance company will take into account the bonus-malus coefficient. It is influenced by the presence of traffic violations and participation in road accidents over the past several years.
- No limits. In this case, only the owner’s data is entered into the OSAGO, and any person with the rights of the appropriate category is allowed to drive the car.
The validity period of the policy does not depend on its type. In both cases, you can apply for 3, 6 months or 1 year. There is an option to make a seasonal policy if the car is used only at a certain time of the year (usually the summer season).
