Having an MTPL policy is a mandatory requirement for any driver and owner of a vehicle. This insurance covers the costs of compensating for damage caused by the person at fault in the accident. Liability insurance protects those who may be harmed by wrongful drivers.
The absence of a driver's compulsory motor liability insurance policy in 2021 is a violation punishable by an administrative fine. The amount of sanctions depends on the circumstances surrounding the offense, amounting to 500 or 800 rubles, regardless of the number of deviations from the requirements of the Rules. Since the beginning of 2021, some articles of this standard have been revised, with a significant tightening of the established liability. This does not apply to the absence of compulsory motor liability insurance.
Amount of fine for driving without compulsory motor liability insurance in 2021
The regulatory provisions of the Code of Administrative Offenses in 2021 provide for 5 offenses that are in one way or another related to non-compliance with the legislation containing rules on compulsory MTPL insurance:
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| The amount of the fine for driving without insurance in 2021 | Article of the Code of Administrative Offenses regulating the relevant offense and sanctions | Reason for imposing a fine by the traffic police |
| 800 rubles | Part 2 stat. 12.37. | There is no “car insurance” policy at all, that is, it was not issued in principle. |
| 500 rubles (or written warning) | Part 2 stat. 12.3. | You don’t have the MTPL policy with you in your car, that is, you “forgot it at home,” but the “car insurance” contract itself has been concluded. |
| 800 rub. | Part 2 stat. 12.37. | Driving under an MTPL policy in 2021 with an expired validity period. |
| 500 rub. | Part 1 stat. 12.37. | Driving a car by a citizen who is not listed on the OSAGO insurance policy form. |
| 500 rub. | Part 1 stat. 12.37. | Driving a car while not complying with the terms of the MTPL insurance policy on the seasonal use of motor vehicles (that is, only in certain months of the year). |
Payment of a fine for lack of compulsory motor liability insurance in 2021 can be made with a 50% discount (Part 1.3, Article 32.2 of the Code of Administrative Offenses) - if you make the payment in the first 20 days after the decision is made (not entered into force).
How long can you drive with an expired MTPL policy?
The policy is considered expired after the expiration of the date specified on it. It is placed in the first half of the document.
When the contract is concluded on the second day of a certain month, the policy expires on the third day of the same month of the following year. If your car insurance has expired, the car owner must contact the insurance company in advance and reissue the policy.
In most cases, insurance agents call the car owner in advance with an appropriate offer.
If your car insurance is expired, driving it is punishable by a fine. The amount of the fine for an expired MTPL policy is 800 rubles.
Regulatory framework
Regulatory regulation of the fine for driving without MTPL insurance in 2021 is carried out by the following legal acts:
- Code of Administrative Offences;
- Part 2 Art. 19 Federal Law No. 196 – on the prohibition of the use of vehicles whose owners have not purchased a compulsory motor liability insurance policy;
- Part 3 Art. 4 Federal Law No. 40 dated April 25, 2002 - on which vehicles do not need to purchase compulsory motor liability insurance policies in 2021 (for example, vehicles with a maximum speed of no more than 20 km/h or in relation to trailers passenger cars).
When is a fine imposed for lack of compulsory motor liability insurance in 2021?
If in 2021 there is no MTPL insurance for a car at all, then a fine of 800 Russian rubles may be issued. In this case, the subject of the violation in question may be:
- as drivers of vehicles who got behind the wheel and knew that the vehicle was without insurance (the owner, who entrusted the control, did not fulfill the corresponding obligation to purchase the policy);
- as well as vehicle owners who did not enter into a “car title” agreement in violation of the requirements presented in Part 1 of Art. 4 Federal Law No. 40.
In 2021, both persons are to blame (one was driving a car without an issued MTPL policy, knowingly knowing about its absence, the other did not fulfill the insurance obligation). This means that a fine for the lack of compulsory motor liability insurance can be imposed on both persons.
Moreover, if the car was driven by a driver, but the owner was not present, then the procedure in relation to the latter is carried out as follows:
- initiate a case of an administrative offense (Article 28.1 of the Administrative Code);
- further notify the owner by registered letter, telegram or telephone message (stat. 25.15. Administrative Code) of the place and time of consideration of the case and the need to appear before the relevant traffic police official (inspector);
- and if he does not appear within the specified time frame, a protocol is drawn up in his absence in accordance with Part 4.1. stat. 28.2. Code of Administrative Offenses and is sent within 3 days to this person (a resolution in such cases is not drawn up, since Article 28.6 of the Code of Administrative Offenses provides for the delivery of a copy of the resolution directly at the place where the offense was committed and does not imply its issuance without the presence of the guilty person, except in cases of detection of violations by cameras - h 3, Article 28.6 of the Administrative Code).
In relation to the driver, since he is present at the scene of the violation, a resolution is simply drawn up imposing a fine for the lack of compulsory motor liability insurance (stat. 28.6 of the Administrative Code). If you refuse to receive a copy, it will be sent by mail.
There are no clear instructions in the Code of Administrative Offenses regarding how a fine is imposed for the complete lack of compulsory motor liability insurance in 2021, if the driver and the owner are the same person. In this case, by analogy with the law, the norm of Part 2 of Art. 4.4. Code of Administrative Offences, that is, one fine of 800 rubles is imposed.
In accordance with Part 1 and Part 2 of Art. 23.1. Code of Administrative Offenses, judges do not consider cases of driving a car without compulsory motor liability insurance. One of the reasons for this is the absence of deprivation of a driver’s license or administrative arrest among the provided sanctions.
According to paragraph 5 and paragraph 6 of Part 2 of Art. 23.3. Code of Administrative Offenses, only the following are authorized to impose a fine for the lack of a compulsory motor liability insurance policy in 2021:
- traffic police officers with a special title;
- or the head of the traffic police, or his deputy, or the commander of a regiment (battalion or company) of the traffic police, or his deputy.
Fines are imposed for the absence of compulsory motor liability insurance only. That is, if there is no CASCO insurance, then no punishment will follow, since it is voluntary property insurance.
Voluntary compensation for losses at the scene of an accident
This option is a fairly common way to recover damages resulting from a car accident. In practice, it is used with minimal damage. As a rule, drivers who do not take out a compulsory motor liability insurance policy try to drive more carefully and pay damages immediately at the scene of the accident.
If the culprit agrees to compensate for the damage caused by private agreement, but does not have the required amount and asks for a deferment, it is necessary:
- issue a receipt for the obligation to pay compensation indicating the deadline;
- exchange contacts;
- record all damage in photos and videos;
- If possible, make a video with the culprit agreeing to pay for the damages.
You can take as collateral any valuable thing that the guilty person has. This does not apply to documents, much less a passport. Since this action will be considered a violation of the law.
The biggest difficulty when paying for losses on the spot is determining all the damage to the car, and, accordingly, the amount of compensation. Often, during car repairs, hidden defects are revealed.
Cash compensation for losses immediately is the best option for solving the problem, since in the future the culprit of the accident may change his mind about compensating for the damage and try to avoid liability with the help of a lawyer. In this case, without official documents from the State Traffic Inspectorate, it is difficult to win a lawsuit even if the victim has a receipt, photos and video materials.
When mutual agreement is reached and the amount of damage is paid immediately after the accident, the victim writes a receipt stating that there are no claims against the culprit of the accident.
When is it permissible to drive without insurance?
In Part 2 of Art. 4 of Federal Law No. 40 clearly states that a 10-day “graceful” period is given during which it is permissible to drive a car without having an issued MTPL policy in 2021. The specified period begins to be calculated from the moment the vehicle:
- was purchased under a contract or other civil alienation transaction;
- was received for management or operational management.
But all the same, it is better not to delay and not wait for the last day of this 10-day period - after all, within 10 days you also need to have time to register the car with the traffic police (clause 6 of Order of the Ministry of Internal Affairs No. 399 of June 26, 2018 ) - that is, you first need to buy a policy, and then re-register the car in your name at the traffic police.
Fine for driving without MTPL insurance if you forgot it at home
There is a situation in which the owner fulfilled his insurance obligation (the policy is in place and is not expired), but simply forgot to take it with him on the road.
In the presented case, the traffic police inspector will check the database for the presence of issued compulsory motor liability insurance in relation to the specific owner, driver and vehicle and, if everything is in order:
- will issue a warning in the manner prescribed in Art. 3.4. Code of Administrative Offences;
- or he will issue a fine for driving without compulsory motor insurance in the amount of 500 rubles. (Article 3.5.).
In 2021, the inspector himself decides whether to issue a fine for driving without MTPL insurance or a warning, in accordance with the general rules for imposing penalties specified in Art. 4.1. Code of Administrative Offenses - that is, based on the presence of mitigating and aggravating circumstances, the nature of the offense, the identity of the perpetrator, his financial situation and other criteria.
What does OSAGO cover?
The policy covers damage caused by the person at fault in the accident. The list of situations for which compensation is due includes:
- Damage to property (damage to vehicles, houses, fences, infrastructure and even personal belongings, as well as harm to agricultural, domestic or wild animals).
- Harm to human health or life.
- Additional expenses for victims associated with the harm caused.
The insurer can pay up to 400,000 rubles for property damage and up to 500,000 rubles for damage to life and health. However, if the actual costs turn out to be higher, the culprit will still have to pay extra to the victims. However, you can protect your wallet more reliably. To do this, it is enough to take out a DSAGO (that is, a voluntary liability insurance policy) - under it, compensation can be tens of times higher.
In accordance with paragraph 2 of Article 6 of the Law on Compulsory Motor Liability Insurance, exceptions to the insurance risk are:
- causing harm when using a vehicle other than the one specified in the compulsory insurance contract;
- causing moral damage or the emergence of an obligation to compensate for lost profits;
- causing harm when using vehicles during competitions, tests or training driving in specially designated areas;
- environmental pollution;
- harm caused by the impact of transported cargo, if the risk of such liability is subject to compulsory insurance in accordance with the law on the relevant type of compulsory insurance;
- causing harm to the life or health of employees during the performance of their labor duties, if this harm is subject to compensation in accordance with the law on the relevant type of compulsory insurance or compulsory social insurance;
- obligations to compensate the employer for losses caused by harm to the employee;
- causing damage by the driver to the vehicle he is driving and its trailer, the cargo they transport, the equipment installed on them and other property;
- causing harm when loading cargo onto a vehicle or unloading it;
- damage or destruction of antique and other unique objects, buildings and structures of historical and cultural significance, products made of precious metals and precious and semi-precious stones, cash, securities, objects of a religious nature, as well as works of science, literature and art, and other objects intellectual property;
- causing harm to the life, health, and property of passengers during their transportation, if this harm is subject to compensation in accordance with the legislation of the Russian Federation on compulsory insurance of civil liability of the carrier for causing harm to the life, health, and property of passengers.
Fine for driving a motor vehicle by a driver not registered with OSAGO
In 2021, policyholders can enter into an MTPL agreement under the following conditions:
- driving a car only by motorists included in the MTPL policy (limited MTPL);
- or driving a car by an unlimited number of persons (Article 16 of Federal Law No. 40).
If “limited” insurance is issued, then a fine of 500 rubles will be imposed on anyone who is not included in the AGO OS policy and still gets behind the wheel of a vehicle.
According to Part 1 of Art. 12.37. The subjects of violations of the Code of Administrative Offenses are exclusively drivers, that is, it is impossible to prosecute the owner for the fact that the motorist to whom he entrusted the driving was not included in the compulsory motor liability insurance agreement.
In addition to the fine, it is possible that if an unregistered driver gets into an accident, he will also face a recourse claim from the insurer - clause “d”, part 1 of Art. 14 Federal Law No. 40.
What happens in case of an accident?
The absence of an agreement can seriously damage your wallet in the event of a traffic accident - and whether you find yourself on both sides: in the status of a victim or a culprit. OSAGO, although it does not protect you from accidents, significantly saves money. If there is no “motor citizen”, problems will arise.
I'm the culprit
If the person at fault for the accident does not have compulsory motor liability insurance, he will have to compensate for the damage caused from his own pocket.
The fact is that the insurer has the right to file a recourse claim against the culprit of the accident if he is not included in the compulsory motor liability insurance, but was allowed to drive the vehicle - by virtue of subparagraph “e” of Art. 14 Federal Law No. 40. Recourse is also filed if the person causing the harm is involved in an accident during a period not provided for by the contract (subparagraph “e” of the same article).
That is, first the insurance company will cover the damage to the victim under compulsory motor liability insurance, and then recover the same amount from the culprit within the 3-year limitation period - since the instigator of the accident was not included in the insurance.
The policy takes into account the wear and tear of the car, so in the event of an accident the culprit pays:
- the entire cost of spare parts (as new),
- standard hours for vehicle restoration - at market prices,
- plus a fine for driving while not included in your valid insurance.
The total amount of damages to be recovered will be higher than the cost of repairs under compulsory motor liability insurance. Therefore, the culprit of the accident can end up with tens of thousands at best, and millions of rubles at worst!
I'm the victim
If you or your car were damaged and there is no insurance, a fine cannot be avoided. You cannot fill out a European protocol; you need to call traffic inspectors.
However, you still have the right to receive insurance compensation. But since you have not issued compulsory motor liability insurance, it means that you will have to go to the insurance company of the person who caused the accident - provided that he has a valid insurance contract. The algorithm of actions is the same as if you were applying for damages from your insurer. This will not affect the amount of payments and terms.
And if the insurer suddenly refuses to compensate for damage only on the basis of your lack of compulsory motor liability insurance, you can appeal its actions and go to court.
Another situation: neither you nor the person at fault for the accident has insurance. This is the most difficult option. You, as the victim, will only have to collect compensation directly - through the magistrate or district court at the defendant’s place of residence (Article 28 of the Code of Civil Procedure of the Russian Federation).
Fine for driving without MTPL insurance in 2021 for a legal entity
Vehicles in accordance with the established procedure can be registered both for individuals and legal entities.
A legal entity cannot be prosecuted for driving without compulsory motor liability insurance (part 2 of article 12.3. and part 1 of article 12.37. of the Administrative Code) (since the subject of a violation under these articles is only the driver of the vehicle, who can only be a citizen).
Accordingly, enterprises or organizations that own cars can be brought in exclusively under Part 2 of Art. 12.37. Code of Administrative Offenses - for failure to fulfill the obligation to carry out compulsory compulsory motor liability insurance.
In Part 2 of Art. 2.10. it is said that the norms of the articles of the Code of Administrative Offenses regulating liability for certain offenses apply equally to individuals and legal entities, unless otherwise stated. Since with regards to Part 2 of Art. 12.37. There are no separate rules in the Code of Administrative Offenses stating that a fine of 800 rubles is imposed exclusively on individual owners, which means that for legal entities the procedure for imposing sanctions and their amount are the same as for citizens.
Who issues the fine?
In case of violation by a motorist of Art. 12.3 of the Code of Administrative Offenses, any traffic police inspector has the right to draw up a protocol followed by issuing a fine after identifying an offense.
A different situation arises when citizens cross the border of the Russian Federation. There is no need for an insurance document if a person leaves the country for permanent residence in another state and at the same time has a green card.
And cases such as a family vacation trip require an insurance document, otherwise the owner of the vehicle will be fined and deprived of the right to leave the territory of Russia.
Penalty for using compulsory motor insurance during an unspecified time period
The policyholder can buy a policy with the condition that the vehicle be used seasonally for 3 months or more. For example, if you plan to travel only in the summer - from June to August. Then these months must be indicated in block 4 of the application, which is submitted for the purpose of concluding an MTPL agreement, in the form presented in Appendix 2 to Central Bank Regulation No. 431-P dated September 19, 2014.
In this case, the insurer will calculate the premium in the presented case taking into account the coefficient KS (for example, if you use the car only 3 months a year, KS will be equal to 0.5 - see Directive of the Central Bank No. 5000-U dated December 4, 2018).
Accordingly, driving a car in months other than those indicated by the policyholder in the application will entail the imposition of a penalty for driving without compulsory motor liability insurance in the amount of 500 rubles under the same Part 1 of Art. 12.37. Code of Administrative Offences.
Again, the owner of the car cannot be held accountable for this offense - responsibility lies solely with the driver (or the driver and the owner as one person).
Is there any deprivation of rights?
Not yet, but they tried to pass the bill several times, and now it is in limbo.
- What does this mean? On June 19, 2021, deputies submitted for discussion to the State Duma a draft on toughening penalties for violations of compulsory motor liability insurance. The bill has not yet been discussed even in the first reading and it has not been approved.
- What do they want to change? Introduction of Part 3 to Article 12.37 of the Code of Administrative Offenses of the Russian Federation - according to which a repeated fine for driving without compulsory motor insurance will increase to 5,000 rubles, and the violator may be deprived of his driver's license.
Of course, if you don’t have the policy with you or you are not included in it, they may limit themselves to a verbal warning. Insist that the policy be punched through the AIS RSA - traffic inspectors have access to it in real time.
But if compulsory motor liability insurance has not been formalized (and a new law will be adopted), the traffic inspector will transfer the protocol to the traffic police department and the decision will be made by the authorities. If they find gross violations on your part, the case will end up in court. There the question will be decided: to deprive the driver of the right to drive a car or to fine him 5,000 rubles? It is planned that the measures will influence the consciousness of citizens behind the wheel.
Repeated fine for driving a car without compulsory motor liability insurance in 2021
The Code of Administrative Offenses does not provide for a progressive scale of imposition of penalties for offenses in the field of “vehicle civil law”.
That is, repeated driving without compulsory motor liability insurance before the expiration of the period during which the person has the status of being subject to repeated punishment (Article 4.6 of the Code of Administrative Offenses) does not entail an increase in penalties. Each time a corresponding violation is detected, a fine of 800 rubles (part 2 of article 12.37.) or 500 rubles (part 1 of article 12.37.) will be imposed.
There is a misconception among motorists that a fine can only be imposed once a day. Part 5 of Art. is cited as justification. 4.1. The Code of Administrative Offenses states that no one can be punished twice for the same offense. In fact, they can be fined an unlimited number of times in 1 day.
For example, in 2021, an inspector stopped a motorist and imposed a fine for lack of compulsory motor insurance. After 5 - 10 kilometers, he was stopped by another traffic police official, and again issued a fine on absolutely legal grounds - after all, the driver again violated the law, in another place, at another time, without fulfilling the obligation to prohibit driving a car without car insurance (by committing thus a new offense).
Throughout the entire period, the fine is also issued an unlimited number of times. That is, during the year they can issue 10, 20, or 100 resolutions.
How to pay a fine imposed for violating the MTPL legislation, and is there a discount?
After the expiration of the period allotted by law for the purposes of appeal (clause 1 of Article 31.1 of the Administrative Code) - 10 days from the date of the decision, it enters into legal force.
Within 60 days from the date of entry into legal force, the fine must be paid (Part 1 of Article 32.2 of the Code of Administrative Offences), except in cases where a deferment or installment plan has been granted.
Payment of the fine for lack of compulsory motor liability insurance in 2021 can be made:
- with a 50% discount (Part 1.3, Article 32.2 of the Code of Administrative Offenses) - if you make payment within the first 20 days after the decision is made (not entered into force);
- without discount - in all other cases.
The discount is available for any violations under MTPL.
Recommended payment methods:
- Public services;
- official Internet portal of the traffic police;
- in bank branches;
- at ATMs.
How to appeal a fine issued for lack of insurance?
In 2021, an appeal against a fine for lack of MTPL insurance can be made before the expiration of 10 calendar days from the moment the resolution was issued.
The procedure for protesting is presented in Chapter 30 of the Administrative Code:
- determine where to file a complaint (since inspectors issue fines under compulsory motor liability insurance, you can bring a protest to a higher-ranking official of the traffic police or to the district judicial authority (clause 3, part 1, article 30.1 of the Code of Administrative Offenses), or you can submit it directly to the inspector who issued the appeal resolution (part 1 of article 30.2 of the Administrative Code));
- become familiar with the time frame for consideration of the case (they depend on where the complaint was filed - if to a court, then 2 months, if to an official, then 10 days - Parts 1 and 1.1 of Article 30.5 of the Code of Administrative Offenses) - during this time, the citizen will be informed about the date and time of appearance at the hearing of the case on imposing a fine for the lack of compulsory motor insurance;
- then the review itself is carried out in person, during which the appearance of persons participating in the process is established, rights and obligations, challenges and petitions are explained, explanations of the guilty person are heard, evidence is examined, etc.;
- finally, a decision is made on the complaint and immediately announced (Part 1 of Article 30.8 of the Administrative Code) - within 3 days a copy of it is handed over to the individual against whom the proceedings are being conducted.
complaints about a fine for driving without compulsory motor insurance can be found here.
Liability for legal entities
Company vehicles owned by organizations are also subject to compulsory insurance. True, responsibility for the lack of a policy will fall not on the legal entity, but on the driver.
According to the law, a fined driver of a corporate car has the right to demand compensation or reimbursement of the paid fine from the owner of the company.
Expert opinion
Artemyev Dmitry
Experience as a forensic expert in the field of automotive technical examination for more than 2 years, more than 3 years of work in the field of insurance disputes, appealing guilt in road accidents.
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In the event of an accident with a company car at fault, the insurance company of the victim will file a claim for damages against the head of the legal entity that owns the car. To avoid problems with insurance, it is necessary to timely issue an auto insurance policy for each vehicle in the corporate taxi fleet.
Will there be penalties for not having camera insurance in 2021?
A pilot project to check, using automatic photo and video recording systems, whether a motorist has or does not have an issued auto insurance policy, was planned to be launched in Moscow and the Republic of Tatarstan from September 1, 2021.
However, the system did not work on the appointed date. The launch was postponed until November 1, 2021, but nothing happened on that day either.
There is no new information yet regarding when cameras will check MTPL policies in 2021, and decisions will be delivered by mail to violators.
Will state registration plates be removed if there is no compulsory motor liability insurance in 2021?
Until November 15, 2014, such an administrative measure was used as a ban on the operation of a motor vehicle for the absence of compulsory motor insurance.
It consisted of removing the State License Plates (GRP) by a traffic police official (clause 144 of Order No. 185 of the Ministry of Internal Affairs of the Russian Federation dated March 2, 2009, which has now lost its legal force). The seized signs were stored in the territorial division of the traffic police.
Within 1 day, in a car without license plates, it was possible to get to the place where the reason for the prohibition of operation was eliminated (for example, to the insurer’s office in order to issue an MTPL policy). After 1 day, movement of the car without a road protection device was possible only with the help of another vehicle (for example, a tow truck).
In 2021, license plates will not be removed for lack of insurance, as well as for other traffic violations.
How to pick up a car from an impound lot without insurance
Road service employees do not have the right to tow a vehicle to an impound lot for lack of an insurance policy. If the car ends up there for other reasons (accident, driving without a license, mechanical failures, etc.), then to receive it the driver must provide a package of documents for the car, which includes a valid insurance contract as one of the items.
Without compulsory motor insurance, the car will not be returned from the impound lot. If the driver does not have a policy or it is expired, the car can be picked up using a tow truck. The second option is to urgently issue an MTPL policy; it is recommended to discuss all the details with an insurance agent.
Nuances
Here are some nuances that are in one way or another related to driving a vehicle without insurance or in violation of other requirements of the legislation on compulsory motor liability insurance in 2021:
- 196-FZ of July 23, 2013 approved the amount of the administrative fine under Part 2 of Art. 12.37. Code of Administrative Offenses - 800 rubles; before the adoption of this federal law, the amount of the penalty ranged from 500 to 800 Russian rubles;
- from September 2018, electronic MTPL contracts come into force no earlier than 3 days from the date of their execution - this fact must be taken into account when the expiration date of the old policy approaches, so as not to drive these 3 days without insurance and not receive a fine for driving without MTPL insurance;
- If the system with cameras does work, then fines will always come under Part 2 of the stat. 12.37. Code of Administrative Offenses for vehicle owners (Part 1, Article 2.6.1. Code of Administrative Offenses) - only an inspector can attract a driver under this same part.
They are trying to prove to me that they will not pay
Alas, there is a fairly widespread opinion on the Internet when car enthusiasts claim: “I got into an accident, but it’s not my fault, and I don’t have compulsory motor insurance - they will refuse to pay me in any case, because I didn’t pay for the insurance!”
And this is not true. Why, we discussed above. However, the reasons for attempts to persuade may be different. So, some people are not talking about the general rule: “if you haven’t paid for insurance, you won’t receive payment,” but about the obligation to contact your insurance company. Allegedly, according to the new law and recent changes, drivers in all cases must go only to their insurer. And since there is no “mine” in the absence of a policy, then there is nowhere to go and no compensation in sight.
However, we discussed above that there are conditions for direct compensation for damages. If you do not fall under these conditions, you simply turn to the at-fault party's insurer. If you don’t have compulsory motor liability insurance, then just one of these criteria is not met - we are going to the insurance company that caused the accident.
