There are two car insurance systems in Russia – CASCO and OSAGO. The first of them is voluntary, so there can be no penalties from the traffic police in this case.
As for compulsory motor liability insurance, the presence of this policy is mandatory for every driver. Failure to do so will result in a fine. Moreover, the driver can be punished even if he has the policy with him. This situation is possible if there is no information about it in the insurance.
When should a driver be included in insurance?
Insurance is issued to the owner of the vehicle. Accordingly, he does not need to take additional actions to drive under this insurance: information about him has already been entered by default.
But if a person gets behind the wheel of someone else’s car, you need to pay attention to the type of insurance policy: limited or unlimited. In the first case, only registered people can drive this car (this can be done both during registration and subsequently). This type of insurance may limit the seasonality of vehicle operation (for example, only in summer).
Thus, it is necessary to include the driver in the insurance policy while simultaneously meeting the following conditions:
- He gets behind the wheel of someone else's car.
- This vehicle has limited insurance.
If the insurance policy is unlimited, then any driver who has received permission from the owner can drive this car.
Power of attorney – when is it necessary?
A driver driving a car, according to traffic regulations, must have with him:
- Driver license.
- Certificate of registration of the car with the traffic police.
- OSAGO policy.
This list also applies to situations when the car is not driven by its owner. Until 2012 To drive someone else's car, a power of attorney from its owner was required. But now this provision has been abolished.
From now on, a power of attorney is required for:
- Registration or deregistration of a vehicle.
- When selling a car.
- To travel abroad in someone else's car.
- To pick up a car from an impound lot.
How to add another person
If this was not done when applying for insurance, you need to contact the insurance company. The following documents will be required:
- a valid MTPL insurance policy;
- passports of the interested parties (the owner of the vehicle and the person who will be included in the insurance);
- driver's license of the person being entered;
- application in the prescribed form (the form will be issued by the insurance company, you can also download it yourself on its website).
You may have to pay extra to add another driver to your insurance. This depends on the specific insurance company, as well as the identity of the owner of the car. If he has not had an accident for several years and has been applying for compulsory motor liability insurance with this company for a long time, he may be given a substantial discount or the procedure may be performed for free.
Differences between limited and unlimited insurance
Limited – this type provides the opportunity to drive this transport to all persons included in the document. The law does not regulate the number of registered drivers. The electronic form requires 5 people . If there are more drivers, they fit into the addition. It is also possible to add drivers on the back of the policy and certify with a stamp.
Expert opinion
Maria Skoraya
Insurance expert
OSAGO calculator
The car owner provides complete information about everyone who will use the policy. The cost of insurance is affected by how many people are enrolled, as well as their age and length of service . The discount amount will be calculated based on the least experience of all registered drivers. You can add drivers at any time during the insurance period, not only when concluding a contract. In this case, you must pay extra for each new driver.
Unlimited – this type implies the ability to drive this vehicle by proxy. The number of people is unlimited . This type of insurance is used by legal entities that have corporate cars. It is more suitable for companies with a large fleet of vehicles. Considered more expensive, not suitable for individuals.
What is the fine if it is not included in the insurance?
This is an administrative violation and is punishable in accordance with Article 12.37 Part 1 of the Russian Administrative Code.
If there is a driver who is not registered at the wheel, the traffic inspector draws up a report. It indicates the essence of the violation, information about the driver and the penalty imposed.
According to the Administrative Code, in this case a fine of 500 rubles is provided. But we are talking specifically about a situation in which the driver is not included in the insurance policy. If there is no insurance at all, or its validity period has expired, the driver is subject to a fine of 800 rubles.
There are situations in which an insurance policy has been issued, the driver is included in it, but the document itself is missing (forgot it at home, at work, etc.). In this case, the traffic inspector decides on the spot what to do - verbally warn the driver or fine him 500 rubles.
When and how should I pay?
Repayment admin.
the fine must be carried out no later than 60 days from the date of entry into force of the decision on the offense (Article 32.2 of the Code of Administrative Offenses). To ensure that the penalty officer is interested in timely repayment of the fine, legislative norms have established a benefit that provides for a reduction in the amount of the penalty by 50% if it is repaid in the first 20 days after its appointment.
The fine can be transferred in various ways. The most popular is transfer via:
- Any bank branch, regardless of the place of registration of the culprit.
- ATMs.
- Terminals.
- Portal "Government Services".
- Post office.
- Online resources of banks.
- Various payment systems (for example, Yandex-Money).
- Mobile phone.
Note. When paying off fines, the payer is charged a commission, which is determined by the tariffs of the relevant banks or other resources. The exception is Sberbank. When repaying a fine through Sberbank (both in a branch and through an ATM), no commission is charged from the payer.
Typically, funds arrive in the recipient's account within 3 business days.
What else can happen if a person is not included in the insurance?
A person who is not included in the insurance does not have the right to drive a car, even if he has a driver’s license. Therefore, in this situation, the traffic inspector has the right to evacuate cars to the impound lot. Only the owner can return it personally after payment:
- administrative fine;
- tow truck services;
- the cost of storing a car in a impound lot.
The total amount depends on the evacuation distance, the time the car spent in the impound lot and other factors.
If the owner is nearby?
Is it possible to drive a car without insurance in the presence of the owner? If, when checking documents by a traffic police officer, a stranger was driving and the driver was nearby, then a fine is issued to the person driving, that is, the driver not registered in the policy.
However, if 10 days have not passed since the purchase of the car , it is considered someone else's property. In this case, no penalties are imposed. The traffic police officer checks the existence of the purchase and sale agreement and releases the driver. An MTPL policy is also not required, since the new owner is given 10 days to complete all documents.
Expert opinion
Ivan Strahovsky
Insurance expert
OSAGO calculator
If an emergency occurs, the traffic accident officer will issue a fine to the driver not included in the policy, if he was not the culprit of the incident. But if another car was damaged in an accident, it will not be the owner of the car who will pay for the repairs, but the one who was driving. The insurance company will pay for the damages to the victim, but then bill the at-fault driver.
To avoid paying the victim, the owner of the car can simply get behind the wheel , and then a European protocol will be drawn up against him. This life hack is used by everyone if the owner of the car was sober in the car at the time of the incident. The European protocol cannot be issued to an unauthorized person, only to drivers authorized to drive a vehicle.
How to prevent evacuation if the driver is not included in the insurance
It is necessary that the car owner arrives at the scene before the tow truck. In this case, he will be able to pick up the car himself, presenting the documents for it to the traffic inspector, as well as his driver’s license and a valid insurance policy.
This will allow the car owner to avoid the costs of towing and storage in an impound lot, but he will have to pay an administrative fine in any case.
How to challenge a fine
It only makes sense to challenge a fine in a situation where a driver who is not included in the insurance gets behind the wheel due to forced circumstances (for example, if the owner becomes ill and is unable to drive the car himself).
To do this, you need to file a complaint with the traffic police department or file a lawsuit in court within 10 days from the date of issuance of the decision on collection.
During the trial, experts will listen to the opinions of all interested parties and render their verdict.
How to pay a fine
You can pay the fine in cash or by electronic transfer, as well as by bank transfer. The following options are available:
- through a bank (ask in advance about the availability and size of the commission);
- through a mobile banking application or Internet banking;
- using self-service devices (infokiosks, terminals, ATMs);
- using the Internet portal “Gosuslugi”.
Sanctions for non-payment
Violators are given 60 days to pay the administrative fine, starting from the date of drawing up the protocol. It should be remembered that the sentencing decision will be valid for two years.
If you fail to pay on time, the amount of the fine will be doubled (in any case, according to the law, its minimum value after delay is 1 thousand rubles). Willful defaulters can be placed under arrest for up to 15 days, and also sent to community service for up to 50 hours.
Answers on questions
| How to save on paying a fine | Pay the fine within the first 20 days from the date of the decision and the amount will be reduced by 50%. |
| Does the traffic police inspector have the right to demand insurance? | The traffic inspector has the right to demand, and the driver is obliged to present him with a compulsory motor liability insurance policy. |
| When must the fine be paid? | Within 2 months from the date of the decision on the administrative offense. |
| Is there a repeat fine for driving without compulsory motor insurance? | No, regardless of the number of inspections, the fine amount remains standard. |
How many times per day can you be fined?
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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
The driver is given 10 days to appeal the fine. If he does not file an application with the court, he will have to pay a ticket. If the driver does not pay the fine within two months, this will entail the imposition of new sanctions:
- doubling the fine amount;
- administrative arrest;
- forced labor.
Expert opinion
Ivan Strahovsky
Insurance expert
OSAGO calculator
If the offender pays the ticket within three weeks from the date of imposition of sanctions, a discount of 50% of the amount issued is assumed.
The fine can be paid:
- on the government services website;
- on the traffic police website;
- through a payment terminal;
- at the post office;
- at a bank branch;
- via smartphone.
To avoid misunderstandings, it is recommended to keep the paid receipt for at least 6 months.
A way to avoid punishment
It is worth noting that there are several ways in which a traffic participant who is not included in the OSAGO form can avoid liability.
Methods:
- Agreement on free use of cars
This method is used only by experienced drivers or so-called drivers. How to compose it correctly will be discussed below.
- If the owner is nearby
In this case there is a small exception. It is possible to avoid liability only if the driver got behind the wheel as a result of the owner becoming ill and requiring urgent hospitalization. This fact will need to be proven to a traffic police officer.
