I forgot my compulsory insurance policy at home, what is the fine? Fine for not having a compulsory motor insurance policy: what awaits violators this year? What is the fine for driving without MTPL insurance?

Every motorist is interested in the fine they can receive for not having compulsory motor insurance insurance in 2017, because some drivers often forget to renew the policy or accidentally leave it at home. Of course, some take reckless risks by not specifically insuring their auto liability. Therefore, we will talk in detail about each situation and possible consequences.

When might a compulsory motor liability insurance policy not be available?

The traffic rules require the driver to have a valid MTPL policy with him, which he must present to traffic police officers if necessary. This document confirms the fact that the liability of the person driving is insured in case he becomes the culprit of an accident and causes any damage. Driving a vehicle without insurance is prohibited. However, in practice, many situations arise when there is no auto insurance policy. Here are some of them:

• The most common one is that the person forgot that the insurance policy had expired. Moreover, insurance agents of many companies are in no hurry to remind their clients of the need to renew the insurance contract.
• An equally common situation is that a person left the policy at home, at work or in any other place. Naturally, this does not relieve him of responsibility.
• It also happens that the one who drives the transport is simply not included in the policy. For example, a friend lent him a car for a while or a relative asked him to drive his “iron horse” to the garage.
• OSAGO is not issued. The owner of the vehicle deliberately ignored this fact. For example, trying to save on such an important procedure as auto liability insurance.

Naturally, in each such situation the driver becomes an offender, and a number of measures can be applied to him.

Expired

In fact, there is no such wording in the administrative code. So if the insurance contract has expired and the driver continues to operate the car, this means the following – lack of insurance. Penalties are maximum. All of them are spelled out in Art. 12.37 part 2. As a result, the violator will have to pay 800 rubles.

Let us remind you that until 2016, a driver could be completely removed from driving a vehicle and sent to an impound lot. Today the maximum penalty is a fine.

Forgot

So, when the traffic police officers check the documents, the driver does not have the policy in his hands. In this case, the sanctions correspond to Art. 12.3 part 2. This administrative violation is punishable by a warning or a fine of 500 rubles. In this case, the driver will have to show his diplomatic qualities by asking him to wait until one of your relatives or friends brings the policy. Another option is to convince the inspector to check the availability of insurance using the AIS RSA database.

When operating vehicles on the territory of the Russian Federation, each driver must have three documents with him, which include a driver’s license, a vehicle registration certificate and a compulsory motor insurance policy.

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Is there administrative liability for the absence of a motor vehicle license? What is the amount of penalties in different situations, read on.

Is an increase expected in 2020?

One of the most ambitious projects of 2020 is the introduction of the new Code of Administrative Offenses. The draft document was developed back in 2015. Currently being considered by the State Duma.

In accordance with the draft new Code, there is no increase in fines in the field of compulsory motor insurance.

Punishment for lack of insurance under the Code of Administrative Offenses

What is the fine for lack of car insurance in Russia provided for by law in 2020?

Penalties may be imposed in the following cases:

• The driver does not have a driver's license with him when operating a vehicle. Since it is one of the documents that the driver must have, simple forgetfulness can result in the imposition of an administrative fine;
• the auto insurance policy is missing due to non-fulfillment, that is, the document was not purchased from any insurance company;
• the insurance policy does not include the driver who was driving the vehicle at the time of its detention;
• a vehicle insured according to all rules is not used during the period established by the insurance contract. Every driver has the right to insure his vehicle for a certain period other than 1 year. is three months;

Reducing the period of use of the car entails a reduction in the cost of the policy, and at the same time the impossibility of operating the vehicle in a different time period.

• the insurance policy is expired. This offense is equivalent to driving a car without a compulsory car insurance policy.

For individuals

Drivers who are private individuals may receive fines for all of the above offenses:

Can there be any other sanctions for not having car insurance? Previously, employees of the State Traffic Inspectorate, when driving a vehicle without an insurance policy, had the right to confiscate license plates, which led to the impossibility of further operation of the car.

In 2015, there was a fine for lack of MTPL insurance: evacuation of a vehicle to a impound lot, which led to the need to pay not only the administrative violation, but also the cost of tow truck services and storage.

In 2020, this measure was canceled due to the low efficiency and congestion of impound lots. In 2020, a return to this penalty is also not provided.

Payment of the administrative fine must be made directly by the guilty party. You have 40 days to pay the fine. Upon expiration of the specified period, the driver (owner) is transferred to the category of debtors.

If payment of the fine is made within 20 days from the date of receipt of the decision, then the amount of penalties is reduced by 50%. This measure was introduced in 2020 to reduce the number of debtors.

Many car owners constantly ask the question: can traffic police officers fine several times for the same offense?

In accordance with the Code of Administrative Offences, no person can be punished twice and so on for the same violation.

However, this circumstance does not mean that in one day of operating a car you can receive a fine for the absence of a motor vehicle license (driving a car during an unforeseen period or by a person not specified in the policy, etc.) only once.

When registering any offense, the following parameters are indicated in the protocol:

• date of;
• time;
• place.

If at least one parameter in the document differs, then the situation that has occurred is considered a new offense and new penalties may be imposed on the driver.

For example, the driver was fined for not having a vehicle license on January 25, 2020. The violation of the law occurred at 12:45 am at the address Yaroslavl, Leningradsky Prospekt, near house No. 52.

The driver continued driving at his own request and was stopped by a traffic police officer at 2 p.m. near house No. 45 on Neftyanikov Street.

Penalties were also imposed for the absence of a motor vehicle license. As a result, the driver is obliged to pay 800 + 800 = 1,600 rubles for various offenses.

For individual entrepreneurs

Individual entrepreneurs in the field of compulsory motor insurance are fully equal to individuals.

In this regard, persons registered as individual entrepreneurs pay fines in the event of an administrative violation in the amounts and within the time limits specified above.

For legal entities

A legal entity is also not liable for offenses related to compulsory car insurance. All responsibility rests with the driver.

However, in the following situations, a driver who has been subject to administrative punishment has the right to recover the amount of the fine paid from the organization:

• the company did not issue a motor vehicle license at the required time for the vehicle being used, and forced the driver to travel by car;
• the vehicle was used during a period not covered by car insurance, as required by the organization.

In these situations, the fine is imposed and paid personally by the driver. However, the driver has the right to recover from the legal entity the funds spent to pay the fine.

To do this, you must file a claim in court and provide evidence of the guilt of the person responsible.

In the event of a positive outcome (more than 90% of situations), funds will also be collected from the legal entity to pay court fees and other legal costs, as well as moral damages.

Fine for absence of driver in MTPL

Situations often occur in which a driver who is not included in the vehicle insurance policy is driving a vehicle.

This situation is regarded as an offense established by Article 12.37 of the Code (violation of the terms of the insurance contract) and is punishable by a fine in the amount 500 rubles.

Penalties are imposed directly on the person driving the car.

To avoid such situations, if they happen quite often, it is advisable to take out a compulsory car insurance policy without limiting the number of drivers allowed to operate the car.

However, it should be noted that the cost of such a policy will be slightly higher than in a situation with a limited number of drivers.

A fine of similar size is provided for drivers who operate a vehicle during a period not covered by the insurance policy.

Many car owners, in order to reduce their vehicle expenses, take out a policy with a limited period of use.

This means that the car cannot be used under any circumstances during the period not covered by the car insurance.

Taxi

If the vehicle is used as a taxi, the driver must have the following package of documents:

• registration certificate of the vehicle, obtained after registering the vehicle with the State Traffic Inspectorate;
• driver's license with the corresponding open category;
• auto insurance policy;
• special permit for passenger road transport.

When taking out compulsory car insurance for a vehicle used as a taxi, an increased base rate is applied. Currently, the value varies between 5,138 rubles – 6,166 rubles.

For comparison: you can insure a car owned by an individual at the base rate 3,432 – 4,118 rubles.

The increase in the base rate for taxis is due to the large number of accidents in which taxi cars take part (become the culprits of road accidents).

An increase in the number of road accidents leads to an increase in insurance payments and, consequently, the unprofitability of compulsory motor insurance for this category of vehicles.

Therefore, many companies refuse to enter into contracts for compulsory auto insurance for taxis, despite the fact that such an action is illegal.

What fines are provided for by the Code of Administrative Offenses for taxi drivers:

For everyone else, punishment for driving without insurance will follow even if the policy itself was actually issued.

It is important to note that the size of the fine directly depends on the situation. Let us remind you that for lack of car insurance, the fine in 2017 ranges from 500 to 800 rubles. So, you can receive a penalty from the traffic police if:

• the policy was expired or did not exist at all - 800 rubles;
• the driver forgot his insurance policy at home - 500 rubles;
• driving occurred during a period not provided for by compulsory motor liability insurance – 500 rubles.

The most controversial point is the second case. To prove the existence of the policy, the driver will have to:

• call his number;
• contact the agent to confirm information;
• name of the insurer.

If, nevertheless, a fine of 800 rubles was issued, it can be challenged in court.

Driving at the wrong time means that the driver took to the road at the wrong time of year. For example, if the contract was concluded for the gardening season, in other months OSAGO insurance loses its relevance.

All fines must be paid.

Other cases of imposing administrative penalties

Many people are interested in how much a driver will receive a fine for driving without insurance, however, you can be punished even if you have a policy:

• if the driver of the vehicle is not included in it - 500 rubles;
• similar situation, but the driver of the car does not have a license - from 3,000 rubles;
• if a trusted person gets into an accident in a client’s car, the insurance company can recover a certain amount from him.

If the client often leaves his vehicle at the disposal of other persons, it is recommended to include them in the policy. This will slightly affect its cost, but will save you from problems in the event of an accident.

It is important to remind drivers that compulsory motor liability insurance expires at the specified time. The rule before 2009, when you were allowed to drive for another month with expired insurance, no longer applies.

Also in favor of purchasing a policy is the fact that only a few administrative fines will cover the cost of insurance. It’s easier to buy at least a symbolic basic compulsory motor liability insurance and drive calmly than to constantly worry about paying fines or challenging them.

Regardless of what fine you will have to pay for lack of insurance, it is better not to delay. Delay threatens the accrual of penalties, as well as other administrative penalties. In addition, regular offenses negatively affect the driver’s reputation. If he then has to challenge more serious fines and penalties in court, this will negatively affect the course of the case.

Today, Russian car owners have many opportunities to enter into a binding agreement. This became possible due to the fact that compulsory motor liability insurance services are provided by all insurance companies. The price of the policy is directly related to the individual characteristics of the policyholder. As for the use of a vehicle without registration of compulsory motor liability insurance, this is a violation and involves the imposition of an administrative penalty.

In accordance with current legislation, the compulsory insurance contract must include the owner of the car, as well as those persons who may be driving this car. A fine will be issued even if you do not apply for compulsory motor liability insurance within a certain period of time after purchasing the car.

You can learn more about the amount of the penalty and find out in what cases it can be applied from a qualified lawyer. Of course, not every car owner is ready to spend their hard-earned money on the services of specialists just to get answers to their questions.

However, there is an alternative option that does not require unplanned financial costs. In particular, we are talking about remote consultation, which can be received by any citizen. Among the advantages of online communication, one can also highlight the efficiency of this service, since the applicant does not even need to leave home or leave the workplace to obtain the necessary information.

The fine that car owners who decide to drive on the country's roads without a compulsory insurance contract will have to pay ranges from 500 to 800 rubles. It is also important to remember that an MTPL policy should not only be taken out, but also always carried with you. If there is insurance, but the car owner cannot present the document itself, this is a valid reason for imposing an administrative penalty.

It is noteworthy that the legislation identifies several categories of drivers for whom insurance is not mandatory.

These include:

• Owners of vehicles whose maximum speed does not exceed 20 km/h;
• Owners of vehicles that do not participate in road traffic;
• Vehicles belonging to the Armed Forces;
• Vehicles covered by an international insurance policy;
• Owners of vehicles equipped with tracked and other non-wheeled propulsion systems.

In all of the above cases, the absence of compulsory motor liability insurance will not constitute a violation, and therefore will not be subject to administrative penalties. Every car owner should also know that if he disagrees with the fine, or has complaints against the traffic police officer who issued it, he has the legal right to appeal the penalty or the actions of the official. To do this, you should write a complaint to senior management or file a statement of claim.

As practice shows, Russians most often give preference to courts that are distinguished by high competence and unconditional impartiality. Undoubtedly, this option is indeed the most effective, but at the same time it requires a competent and correct approach, which only professionals can provide.

As for those cases where the car owner was quite reasonably fined for lack of insurance, special attention should be paid to meeting the deadlines for paying the penalty. Otherwise, the case will be transferred, and the negligent debtor will have to face very unpleasant consequences, including the imposition of a ban on leaving the territory of the Russian Federation, and other methods of forced debt collection.

In practice, there are many examples when a car owner tries to comply with all legal requirements and timely enters into a compulsory insurance agreement, but at some point leaves the policy at home or in the office. In this case, communication with traffic police officers does not always end in failure and involves the imposition of penalties. Often, such meetings end with a simple warning. The extreme penalty is a fine of 500 rubles.

In situations where the vehicle is in shared use, all persons who have the right to drive should be included in the compulsory motor liability insurance. Otherwise, violators face an administrative penalty of 500 rubles. As for the operation of vehicles, when the insurance period has already expired, or there is no policy at all, this is fraught with a fine of 800 rubles for car owners.

Simultaneously with the repayment of the penalty, the violator will be urged to enter into a compulsory insurance agreement. If at the next meeting with the traffic police officers it turns out that the policy was never issued, the car owner will face more serious and unpleasant consequences.

There are cases when an application for compulsory motor liability insurance has already been submitted, but the policy itself is still at the registration stage. In such a situation, it is a copy of the document sent to the insurance company that will avoid a fine.

Although the amount of penalties did not change in 2017, several innovations appeared in the field of compulsory insurance, which every car owner must be aware of.

First of all, we are talking about an electronic “copy” of a compulsory insurance policy. From the beginning of 2017, in addition to the paper version of insurance, the car owner must be provided with an electronic version of the compulsory motor liability insurance policy. Otherwise, a penalty in the amount of 300 thousand rubles will be imposed on the insurance company.

One of the pressing issues that interests most motorists is the cost of the policy. In accordance with the adopted changes and additions, the amount that drivers will have to pay for registration of compulsory motor liability insurance will depend on the number of violations. Now the cost of the insurance policy will be calculated taking into account a special coefficient.

In particular, if over a certain period of time the number of traffic violations committed by a car owner reaches 10, then the price of compulsory motor liability insurance will increase by 100%. If the number of violations reaches 35, the policy will cost 200% more.

Also, vehicle owners should remember that traffic police officers can only impose an administrative penalty for lack of insurance. They do not have the right to remove license plates, confiscate a driver's license, or send the car to an impound lot.

Previously, similar measures of influence on the violator took place, but in 2014 they were canceled. Now the absence of compulsory motor liability insurance and driving with an expired policy are punishable exclusively by a monetary fine.

Protocol for lack of compulsory motor liability insurance policy

In the Road Traffic Rules, approved by Decree of the Government of the Russian Federation No. 1090, paragraph 2.1.1 establishes the obligation of vehicle drivers to carry with them and present upon request of traffic police officers a compulsory motor third party liability insurance policy (MTPL). Driving a car without an insurance policy is prohibited - failure to have an MTPL insurance policy will result in a fine!

However, this duty does not apply to all road users. Exceptions are those categories of citizens who, in accordance with paragraphs 3 and 4 of Art. 4 of the Federal Law “On Compulsory Civil Liability Insurance of Vehicle Owners” dated 04/25/2002 N 40-FZ, you are not required to take out an MTPL insurance policy. In particular, this category includes owners of vehicles of the Armed Forces of the Russian Federation, owners of vehicles with a design speed of no more than 20 km/h, owners of cars that are registered and insured in foreign countries, owners of trailers for passenger cars, etc.

In this publication, we will figure out what the penalty is for not having a compulsory motor liability insurance policy, and what the fine for driving without insurance in 2020 is, the size and terms of payment.

Obligation to insure motor third party liability - Article 4 of Law No. 40-FZ

1. Owners of vehicles are “obliged”, under the conditions and in the manner established by this Federal Law and in accordance with it, to insure the risk of their civil liability, which may occur as a result of causing harm to the life, health or property of others when using vehicles. The obligation to insure civil liability applies to owners of all vehicles used on the territory of the Russian Federation, except for the cases provided for in paragraphs 3 and 4 of this article.
2. When the right to own a vehicle arises (acquiring ownership of it, receiving it for economic or operational management, etc.), the owner of the vehicle is obliged to insure his civil liability before registering the vehicle, but no later than ten days after the right to own it arises.
3. The obligation to insure civil liability does not apply to owners of:
   a) vehicles whose maximum design speed is no more than 20 kilometers per hour;
   b) vehicles that, due to their technical characteristics, are not subject to the provisions of the “legislation” of the Russian Federation on the admission of vehicles to participate in road traffic on the territory of the Russian Federation;
   c) vehicles of the Armed Forces of the Russian Federation, other troops, military formations and bodies in which military service is provided, with the exception of buses, cars and trailers for them, other vehicles used to support the economic activities of the Armed Forces of the Russian Federation, other troops , military formations and bodies;
   d) vehicles registered in foreign countries, if the civil liability of the owners of such vehicles is insured under international insurance systems;
   e) trailers for passenger cars belonging to citizens;
   f) vehicles that do not have wheeled propulsors (vehicles in the design of which tracked, half-tracked, sleigh and other non-wheeled propulsion systems are used), and trailers for them.
4. The obligation to insure civil liability does not apply to the owner of a vehicle whose liability risk is insured in accordance with this Federal Law by another person (the policyholder).
5. Owners of vehicles who have insured their civil liability in accordance with this Federal Law may additionally, voluntarily, carry out insurance in case of insufficiency of the insurance amounts established by Article 7 of this Federal Law for full compensation for damage caused to the life, health or property of the victims, as well as in case of liability not related to the insurance risk under compulsory insurance (clause 2 of Article 6 of Federal Law No. 40-FZ “On compulsory insurance of civil liability of vehicle owners”).
6. Owners of vehicles whose liability risk is not insured in the form of compulsory and (or) voluntary insurance shall compensate for damage caused to the life, health or property of victims in accordance with civil law. In this case, harm caused to the life or health of victims is subject to compensation in amounts not less than the amounts determined in accordance with Article 12 of this Federal Law and according to the rules of this article.

Persons who have violated the requirements established by this Federal Law for compulsory civil liability insurance of vehicle owners are liable in accordance with the “legislation” of the Russian Federation.

How long does it take to issue an MTPL policy when purchasing a car?

Let's start by determining how long the driver is required to take out a compulsory motor liability insurance policy after purchasing a car. According to Law No. 40-FZ (clause 2 of Article 4), when purchasing, receiving into economic management or operational management of a vehicle, its owner must insure his motor third party liability until the vehicle is registered with the MREO traffic police. The period established by law within which it is necessary to issue an MTPL policy is 10 days from the moment the ownership of the car arises.

Thus, the driver can drive the car without penalties for 10 days after purchasing the vehicle, regardless of whether the used car was purchased second-hand, or whether it was a new car purchased from an authorized dealer.

In what cases is a driver exempt from a fine for driving without compulsory motor insurance?

Here are the options and cases when a driver has the right to drive a car without a compulsory motor liability insurance policy (current legislation establishes when a driver without a compulsory motor liability insurance policy cannot be held accountable and fined):

1. If the ten-day period has not yet expired from the date of acquisition (purchase) of the car;
2. If the driver belongs to the category of persons who are not required to take out an insurance policy (see paragraphs 3-4 of Article 4 of Law No. 40-FZ).

If the car owner is not included in these categories of citizens and drives a car without an MTPL policy, then, according to the Code of Administrative Offenses of the Russian Federation, various types of administrative penalties are applied to him depending on the conditions of the violation.

Responsibility for the driver not having an MTPL policy

Administrative liability for the driver not having a compulsory motor liability insurance policy is established in Part 2 of Art. 12.3, parts 1 and 2 art. 12.37 Code of Administrative Offenses of the Russian Federation:

1. If the driver has insured his civil liability, but does not have the policy with him, he will be given a warning or an administrative penalty in the form of a fine of 500 rubles;
2. If an MTPL policy for a car is issued, but the car is driven by a person who is not included in the list of insured drivers for this car according to the issued policy, a fine of 500 rubles is imposed;
3. If the MTPL policy is not issued, the administrative fine is 800 rubles.

Please note that if you pay an administrative fine for driving without compulsory motor insurance, the amount payable is reduced by 50%. However, if the payment of the fine is deferred or paid in installments, its amount remains unchanged, according to the Code of Administrative Offenses of the Russian Federation (Part 1.3 of Article 32.2).

Table of fines for driving without insurance in 2020

As we saw above, the amount of the administrative fine is higher if the MTPL policy was not issued at all. If in your case, let’s say, the policy was issued, but for some reason you did not take it with you, and the inspector formalizes your offense in such a way that you pay a fine for an unissued policy, these actions are unauthorized, and the driver can challenge the inspector’s actions in up to 10 days from the date of receipt of a copy of the decision on the administrative offense. A complaint can be sent in accordance with Art. Art. 30.1 and 30.3 of the Code of Administrative Offenses of the Russian Federation, or to a higher authority of the State Traffic Safety Inspectorate, or to the court.

In the complaint, which we recommend first sending to a higher-level traffic police organization, it is necessary to provide a detailed description of the incident that occurred and indicate your rights that were violated by the unauthorized action of the inspector. Confirming the existence of an MTPL policy and an unlawfully issued fine is quite simple, so the situation should be resolved at the stage of communication with the traffic police without legal proceedings.

Please note that from 2020, if the driver has an electronic motor liability insurance policy, when checking the documents, it is enough to show the electronic document on a smartphone/tablet/laptop so that the traffic police officer can check the policy number and enter it in his online account. database of existing MTPL agreements.