On our roads, unfortunately, traffic violations are considered far from a rare occurrence. They are of a different nature. Among the most common is a trip without an insurance policy.
According to the rules, the driver of the vehicle must have a compulsory insurance policy. In addition, at the request of the inspector of the traffic police, he is obliged to present it in paper form.
If, for any reason, he does not have compulsory motor third-party liability insurance (whether it be ordinary forgetfulness, expired insurance, non-inclusion of the person who was driving the car or the absence of a document as such), this is considered an offense and is punishable by a fine.
Forgot the policy at home
If the MTPL agreement is concluded and is valid, but for some reason the driver did not have it with him, you will have to pay a fine of five hundred rubles. Such forgetfulness qualifies the Code of Administrative Offenses as an offense (Article 12.3 of the Code). At the same time, the burden of proof that there is a valid policy rests directly with the driver.
The traffic police inspector has the right to doubt this fact, which usually happens. If it is not possible to confirm the existence of a document, the offense may be qualified as more serious. The fine for it will cost no more than five hundred rubles, but eight hundred rubles (according to article 12.37 of part 2 of the Code of Administrative Offenses).
It is useless to complain about the inspector, since his actions are lawful. However, if you prove that the policy is valid, the punishment may be reclassified to the above article 12.3, according to which the fine will be 500 rubles.
How to pay 500 rubles, not 800
Then, after the inspector writes a fine, you need to write in the field specially designated for the driver’s notes that you do not consider this decision to be correct, since there is a CTP policy, but he stayed at home. In this case, you need to prepare for what you have to get into: come to the traffic police department, write a statement addressed to the head about the revision of the Code of Administrative Offenses and attach a copy of the policy. Naturally, you should not do this if you have expired insurance.
If the inspector is in a good mood, then everything can end much easier: you will receive only the usual warning and go for the policy.
But when the driver does not specifically take insurance with him because he is afraid that it will be stolen, then at least you need to make a copy of the document and put it in the glove compartment. Then, at least, it is always possible to prove to the inspector that the driver has valid and not expired insurance.
Riding without insurance
Surprisingly, there are still drivers who believe that if the policy is over, you can still ride with it. This practice existed before. Then it was possible to drive your car, if MTPL expired up to a month. But this rule has long been abolished. At present, even the day after the expiration of the contract, the vehicle cannot be operated.
An offense is equated to the fact that if you did not have insurance at all, that is, it qualifies under Article 12.37 of the Code of Administrative Offenses.
No excuses that you are not to blame for the problem will take action. Therefore, you should prepare in advance for the renewal of the contract. To do this, you also need to issue a diagnostic card. Without it, at present, an insurance policy is not issued.
The only reason why traffic police inspectors cannot punish a driver is a recent purchase of a car for a period not exceeding ten days.
Fine if overdue insurance
So, if yesterday’s date is indicated in the document, it is considered invalid. What is the penalty for overdue insurance provided? Since the offense is equivalent to the fact that if there was no document at all, then under article 12.37 of the Code of Administrative Offenses, 800 rubles must be paid.
The driver is not included in the contract
There are situations when there is an insurance policy, and it is valid. However, the driver driving the vehicle is not currently included in it. Is this also considered an offense? The answer to this question is unequivocal. Yes, it is.
Moreover, the punishment will not be borne by the driver himself, but by the owner of the car. It is he who decides whether to allow the person to control. The penalty in this case is less than what the penalty for overdue insurance must be paid. It will be only five hundred rubles.
Therefore, it is better before allowing to drive, change the terms of the contract and enter another driver. This procedure does not take much time. But a new insurance calculation will be made, and you will have to pay extra. But he will be able to safely ride legally, and the car owner will not pay a fine if he is stopped by the traffic police inspector.
How to avoid punishment if the driver is not included in the contract? Some car owners, however, write out a power of attorney to drive the vehicle to the driver who is going to be allowed to drive. Such a document is filled in in any form and does not require notarization. But it should include such items as:
- passport details of the owner;
- registration data of the machine;
- FULL NAME. person entrusted with management;
- information about what actions he can carry out on the basis of this power of attorney.
Is it possible to draw up such a document in one or two minutes while the traffic police inspector approaches the car? Hardly. The power of attorney should be taken care of in advance.
According to the law, the driver is obligated to insure liability within ten days from the moment when he has the right to own the car. In our case, we are talking about the date that will be indicated in the power of attorney.
Thus, in the case of a planned trip, if it is supposed to allow another driver to drive, you first need to draw up a power of attorney for him. Then, even if he will not be included in the CTP, liability will not follow.
Attention: seasonal CTP!
Usually insurance is issued for a period of one year. However, the driver is entitled to conclude a contract for less time. This is convenient in cases where the machine is operated only in a certain season.
Then the driver can ride it only during the period that is indicated in the policy. Therefore, when traveling at another time, the inspector who stops your car is entitled to write a fine. The offense will be qualified under Article 12.37 and the penalty for it is less than the penalty for overdue insurance. It will be 500 rubles. However, if another inspector stops the car, you will have to pay again. Thus, an economic way out of the situation is the extension of the CTP policy. Moreover, the remaining insurance calculation will be carried out at a lower rate.
Payment of a penalty of 50%!
If you still could not get out of the penalty, you should not be very upset. Better pay it early. Then you will need to pay only 50% of the total amount.
Such an innovation has become possible this year. It allows you to pay fines for minor offenses with a 50% discount if you do this within twenty days.
Conclusion
So, if anyone else had doubts about this, now they should be dispelled. The answer to the question of how much you can ride with expired insurance is unambiguous. Not at all.
