In accordance with the SDA, almost every driver (although there are certain exceptions) must apply for a mandatory motor third-party liability insurance policy, have it with you and present it at the first request of a traffic police officer (IDPS). If the motorist does not do this, then he may receive an administrative penalty, since it is forbidden to appear on the road and become a participant in the DD without insurance. Naturally, car owners are concerned about the question of what today a fine for driving without compulsory motor third-party liability insurance can be issued by a traffic police officer.
Important! Keep in mind: without OSAGO insurance, you won’t even be able to register your “steel horse” with the STSI. Also, this document will be needed in case of an accident that occurred with the participation of your vehicle (vehicle).
Moreover, the rates for compulsory motor liability insurance are determined by the state and only it.
Explanation of the acronym OSAGO and what is its essence
Before we tell you what the penalty for driving without a motor third-party liability insurance is provided, let's look at the abbreviation of insurance and find out what its main essence is. After all, there is not much useful information.
So, the decryption OSAGO - mandatory motor third party liability insurance. A distinctive feature of the policy is that the vehicle owner does not insure himself and his property, but his own responsibility, which he bears in relation to other participants in the DD, that is, their health, life and property. By providing such insurance, the driver confirms his willingness to compensate for the damage and losses that occurred during the accident.
Important! At the time when the insured event occurred, the owner of the vehicle must have in his hands properly executed (that is, in his own name and in accordance with the vehicle, which he managed directly at the time of the accident) with the insurance company valid OSAGO policy. Or another option is to provide a policy for verification without any restrictions.
Some prevailing myths regarding OSAGO
The people there are two main myths about this insurance:
- First: if there is no OSAGO, a ban on the operation of the vehicle is imposed. So it was before. But starting in mid-November 2014, such a measure is not lawful in accordance with the Federal Law of the Russian Federation under number 307 (dated September 17, 2014), which cancels such administrative punishment due to the lack of an insurance policy.
- Second: if it is not possible to present insurance for verification, then the vehicle’s license plates are removed. This penalty was canceled in mid-October 2013 by the new traffic police regulations (namely, Order No. 605). The document establishes the right of the motorist to have as many sets of license plates (duplicates) as he needs in case of damage or loss. Therefore, such a measure of administrative punishment as the removal of car numbers has lost all meaning and has ceased to apply.
That is, all this in the past, though not very distant, but nonetheless. And it pleases.
What is the penalty for driving without an insurance policy?
Since the beginning of 2018, the new edition of the Code of Administrative Offenses has been in effect. But articles such as 12.3 (part 2) and 12.37 have not changed. They say what a fine for driving without insurance is mandatory. So, the text of the articles says that the fine remained the same: either 500 rubles, or 800. Not so much. What determines the amount of the fine for driving without compulsory motor third party liability insurance? To understand this, you need to figure out what is mentioned in the articles of the Code of Administrative Offenses mentioned above.
Articles 12.3 and 12.37 of the Code of Administrative Offenses
Consider only two articles:
- Article 12.37, part 1.The CTP policy is issued for 12 months, but the period of its use may be limited to 3 months or more (up to 1 year). Naturally, such insurance is much cheaper, but you can travel by car only on the time specified in the policy. Otherwise, you run the risk of being fined 500 rubles, as in fact the vehicle is managed, not protected by insurance. Also in this article, the case is considered when a policy is issued for a certain driver (or for several motorists), and a completely different person is driving, not mentioned anywhere. The amount of the fine will also be 500 rubles.
- Article 12.37, part 2. The owner of the vehicle continues to drive the vehicle, although the policy has already expired. Such actions are equivalent to traveling without insurance. In this case, the penalty for driving without an insurance policy will be 800 rubles.
- Article 12.3, part 2. The driver controls the vehicle, but does not currently have a policy in hand and cannot present it to the traffic police officer for inspection. But the MTPL agreement is duly concluded, just located in another place, for example, at home. In this case, the road worker may limit himself to a warning or a fine of 500 rubles. Something like that.
That is, it turns out that the size of the fine for driving without compulsory motor third-party liability insurance fully depends on the nuances of the offense. Moreover, each situation is individual.
On a note! So far, in the near future, an increase in the fine for driving without compulsory motor liability insurance is not planned. Wait and see.
Will the insurance company make reimbursement if an accident occurs and the culprit is not included in the CTP?
The answer is unequivocal: yes, it will. The insurance company is obliged to fully compensate the damage (in terms of property and health) to the victim. In the future, from the culprit, that is, the driver who was driving at the time of the accident, the insurers will recover the entire amount paid.
Can they write several fines for one trip for a lack of insurance policy?
If you think that a penalty for driving without insurance CTP can be written out only once, guided by article 4.1, paragraph 5 of the Code of Administrative Offenses, which states that it is impossible to be held accountable twice for the same administrative offense, we want to assure you: you are deeply are mistaken. If you have already been fined, and you continue to drive the vehicle without having an OSAGO policy, then nothing and no one will prevent another traffic police officer from writing you a new administrative offense order, stopping you for another check. Why? Yes, because the time and place of the offense have changed. That is, at each inspection, the road service employee has every right to bring the driver to administrative responsibility if he does not have the necessary documents in accordance with the SDA.
Important! The penalty for driving without compulsory motor third-party liability insurance in 2018 can be issued as many times as you are stopped for inspection. In this case, the amount of the penalty remains fixed all the time (either 500 rubles or 800).
Are there any ways to mitigate the punishment
Yes, the driver can mitigate his fate as follows:
- If a motor vehicle policy exists, but is simply forgotten at home or in another place, then inform the IDPS of the policy data, that is, its number, registration date and name of the insurance company. Having checked whether such an agreement exists “in nature” (this can be done from a tablet, smartphone or mobile phone), a road worker can reduce the fine.
- If, nevertheless, you were issued a resolution for the payment of a fine of 800 rubles for the lack of a policy (and it actually is, it’s only in a different place), then you can appeal the IDPS actions within 10 days by writing a statement or addressed to the head of the local STSI, or directly to the court. By the way, if you did not meet the ten-day deadline, you can attach a request to extend the deadline, reasonably stating the reason for the delay.
- If the penalties are still imposed, then do not delay the payment.If you do not, then you may be charged an amount two times the original.
- By the way, an innovation has come into effect regarding the payment of fines (article 32.2 of the Code of Administrative Offenses): if you make a payment within 20 days from the date of issuance of the decision, you will receive a 50% discount. Not bad.
Responsibility for legal entities
Any individual entrepreneur or any company (organization, enterprise), having one or more corporate machines in stock, is obliged to issue a compulsory motor liability insurance policy for each unit of the vehicle. Moreover, the document confirming insurance must be directly with the driver. Otherwise, a traffic police fine for driving without compulsory motor third-party liability insurance will be issued in his name.
On a note! If the car has a trailer, which is on the balance sheet of the enterprise, then it must also be issued an insurance policy. By the way, individuals do not have to do this at all.
What is the penalty for driving without compulsory motor third-party liability insurance for legal entities? Exactly the same as for individuals, that is, 500 and 800 rubles (depending on the nuances of the offense).
Electronic policy
Since 2015, insurance in electronic form is identical to the policy on paper in terms of their legal force. That is, if you have no desire to go to any insurance company and conclude a CTP insurance agreement, then you can do this without leaving your home. And the question of what a fine for driving without compulsory motor third-party liability insurance should not worry you. After all, both methods of applying for a policy (both personal presence in an insurance company and concluding an agreement online) are legal. Moreover, the cost in that and in the other case, as a rule, does not differ. When checking, you simply show the traffic police a printout of your insurance issued online, or an electronic version on your phone.
On a note! Some road service employees have the opportunity to verify the fact of issuing a policy by its details. Therefore, the driver is better to remember (or write down in case of poor memory) all the data of his insurance. But if the traffic police officer does not have such an opportunity, then you will have to show either a printout of insurance or an electronic version downloaded to your phone.
How IDIs can verify the authenticity of insurance
Usually, the procedure for verifying the CTP policy does not take much time. If the traffic police officer has any doubts, then he can verify the received data with the RSA database (that is, the Russian Union of Auto Insurers). If the IDPS refers to the fact that he does not have such an opportunity, then this is the problem of the road worker, not the driver. If, in spite of everything, the IDPS issues a fine, then it will be quite easy to protest it, provided that the policy is indeed available.
Important! Sometimes doubts can be dispelled by the seal of the insurance company, certifying the printout of electronic insurance.
How can I protest the imposition of a fine for an electronic insurance policy?
Despite the fact that in Russia both types of insurance (on paper and in electronic form) have a legitimate basis, many traffic police officers not only completely refuse to recognize printed policies, but also write fines for the lack of a citizen. It is difficult to say whether they do it intentionally or from legal illiteracy, but the fact remains. Moreover, most often this situation occurs when the road service employee does not have a tablet or smartphone with which you can verify the authenticity of the document by going to the PCA database.
Important! In this case, the actions of road service employees clearly do not correspond to the letter of the law. After all, even without an e-policy in hand, the driver in no way violates the law in terms of insurance of his civil liability.
How can you appeal the protocol of an administrative nature:
- We appeal to the court, expressing our disagreement with the decision on an administrative offense.It must indicate all the data regarding the MTPL agreement, drawn up in electronic form.
On a note! When applying to the court, despite the fact that the practice of considering such issues has not yet fully developed, you have great chances to win the case and ensure that the decision on the imposition of penalties is canceled.
- At the same time, we are applying for data collection regarding the online policy from the SAR database.
On a note! If the request is positive, that is, the existence of a certain contract of motor civil liability in the information system will be confirmed, then, most likely, the decision on the imposition of penalties will be declared illegal.
- It also makes sense to write a complaint about the actions of an employee of the road service to the prosecutor's office and his immediate superiors, so that in the future it would be "disagreeable."
On a note! If violations of the legislation of the Russian Federation are identified, the IDPS may be held liable for disciplinary action.
Your actions in case of disagreement with IDPS
If the traffic police officer is adamant and writes you a fine, then you must declare to him your complete disagreement with his actions. That is, you need to do the following:
- If the form contains the phrase “I agree with the violation”, then add “not” to get “I disagree with the violation”.
- If you see the phrase “I do not dispute the violation”, then you must cross out “not” to get a “dispute violation”.
- Then put your signature with the decryption and write next to the number of the current OSAGO agreement, indicating at the same time that it is in electronic form.
- If you have completed everything that was described above, then the IDPS will have to draw up a protocol on the commission of an administrative offense, in which you will be able to give a detailed explanation of everything that happened, indicating all the data.
How long can I drive after the expiration of the policy
Sometimes the driver learns that the MTPL agreement has already expired, only at the time of the accident or during the next IDPS check on the road. Previously, there was a grace period of 1 month, when drivers could drive vehicles with an expired policy on hand. But those days have sunk into oblivion, and now a similar option is canceled. That is, the very next day after the expiration of the MTPL agreement, the traffic police officer has the full right to impose a fine of 800 rubles on a negligent motorist. To prevent this from happening, it is better for the driver to take care of the extension of the policy in advance, and then the question of what is the fine for driving without compulsory motor third-party liability insurance will lose its relevance for him. Remember this, and "you will be happy."
On a note! If the delay in the MTPL policy has already been completed, the IDPS can give the offending driver 1 day to correct his mistake and extend the document properly.
During what period can I move without compulsory motor third-party liability insurance after acquiring a new car
You bought a new car and enjoy driving it. What is the penalty for driving without compulsory motor third-party liability insurance in this case? Remember: you are given only 10 days for you to draw up an insurance policy (in accordance with the Civil Code of the Russian Federation) and undergo a technical inspection of the vehicle. If a fine is issued to you precisely during this period, then it has no basis and can be appealed to the court.
Important! If during these 10 days the driver gets into an accident, then all damages fall on his shoulders. That is, the car enthusiast is very at risk, moving by car, not having in its hands an insurance policy.
By the way, it is possible to travel by car for 10 days without an auto-citizenship contract if the vehicle was inherited by the motorist.
Or maybe it’s cheaper not to issue an insurance policy at all
We do not think this is a good idea.Not only will you have to shy away from every traffic police officer, and moving on roads without being insured is not very comfortable. And suddenly an accident, and you have to pay for the repair of a damaged someone else's car from your own wallet. No, to refuse to apply for a policy is wrong and not economical. Therefore, so that you do not care about the question of what kind of penalty for driving without compulsory motor third-party liability insurance threatens you, it is better to conclude an agreement with an insurance company and sleep peacefully.
Finally
Now you know what a fine is now for driving without compulsory motor third-party liability insurance. Therefore, the best way to avoid trouble with the traffic police is to conclude a compulsory insurance contract. And you can do this even online, without leaving your home, for half an hour. But if you still decide to try your luck, then remember: the amount of the fine for driving without compulsory motor liability insurance depends on the nuances of the offense. You can read about them above.