Penalty for non-insurance. What is the penalty if it is not included in the OSAGO insurance? Is the OSAGO policy included in the mandatory travel package of auto documents
The OSAGO policy is much more expensive if it is issued without limiting the number of persons admitted to management. But for some, this measure is necessary, because during driving, situations will arise more than once when someone else needs to be behind the wheel. If this person is not listed in the policy, the driver (and sometimes the owner of the car) cannot escape punishment.
Driving without OSAGO insurance on someone else's car, according to current legislation Russia, threatens to impose a fine - 500-800 rubles. It is issued in the name of the "caught red-handed" driver. Minimum size is assigned in the event that the driver was driving without a policy, but the OSAGO was issued for him (simply left at home or at work, lost). To avoid the imposition of sanctions, prove to the traffic police that you have gone through the insurance procedure by giving the insurer's details, phone insurance agent, contract number, etc. Maximum size provided in the absence of a document.
Since 2015, the presence of a policy has been determined by the police using an electronic database. It also allows you to determine what kind of insurance is provided to traffic police officers - closed, that is, overdue, or valid.
The law also provides for such a sanction as a warning (Article 12.3 of the Code of Administrative Offenses). The punishment is determined by the traffic police officer on the spot, depending on the circumstances. For the first time, the driver can "get off" with a warning. The decision of the policeman entered in the decision can be appealed through the court.
What sanctions are provided by law for the owner of the vehicle, who has not issued OSAGO, if another person was driving his car? A fine for driving without insurance is issued only in the name of the driver, whom traffic police officers caught driving someone else's car.
In addition to a fine, the police cannot apply any sanctions against him. Although even before 2014, traffic police officers of the traffic police were given broad powers: for driving without OSAGO in someone else's car, they could remove numbers, evacuate the car and apply other measures of influence. In 2017, the police no longer have the ability to restrict the use of someone else's vehicle. If there are two other mandatory documents (license and registration certificate) on hand, then a fine is the maximum penalty.
Penalty if not covered by insurance
According to the current rules, the car owner must take care of entering information about the new driver into the current OSAGO policy in the column “permitted to drive”. This requirement is spelled out in Part 2 of Art. 16 Federal Law No. 40 "On OSAGO".
What is the penalty for driving not on your vehicle is assigned to a person who is not included in the policy? Since this is a direct violation of the OSAGO insurance rules (admission of a person not specified in the contract to drive your car) and an administrative offense, the offender is punishable by a fine of 500 rubles (based on part 1 of article 12.37 of the Code of Administrative Offenses of the Russian Federation). It is also issued in the name of the driver driving someone else's vehicle.
You can avoid punishment if you inform the insurer in time about the need to transfer the steering wheel to a person not yet indicated in the limited insurance: new information will be entered when the insured personally contacts the company's office (the basis of part 3 of article 16 of the Federal Law No. 40 "On OSAGO"). Many insurers charge an additional fee for this service, according to established rates and commensurate with the increased risk.
Article 16 of the Federal Law No. 40 "On OSAGO". Compulsory insurance with limited use of vehicles
3. During the period of validity of the compulsory insurance contract, taking into account the limited use vehicle, the insured must immediately writing inform the insurer about the transfer of control of the vehicle to drivers not specified in the insurance policy as authorized to drive a vehicle, and (or) to increase the period of its use in excess of the period specified in the contract of compulsory insurance. Upon receipt of such a message, the insurer makes appropriate changes to the insurance policy. At the same time, the insurer has the right to demand payment of an additional insurance premium in accordance with insurance tariffs for compulsory insurance in proportion to the increase in risk.
If there was no opportunity to visit the office of the insurance company before the unexpected trip, the policyholder faces a fine.
Will a fine be imposed if the owner is sitting nearby
Under current legislation, this circumstance does not matter - the fine for driving someone else's car without a properly executed policy will also be 500 rubles. However, if the owner of the vehicle is sitting next to the driver, traffic police officers have the right to draw up a report both in the name of the driver and in the name of the insured.
All penalties specified in the article can be assigned an unlimited number of times if the driver continues to move and is caught by vigilant traffic police every day.
What happens if there is no insurance and power of attorney for someone else's car
Every car enthusiast knows what documents you can’t go on a trip without: a driver’s license, a registration certificate and an OSAGO policy. The absence of one of them is an offense punishable by a warning or a fine. For the lack of insurance, they can charge from 500 to 800 rubles (depending on whether you forgot it at home or did not apply at all).
Until 2012, there was also a requirement to issue a power of attorney for anyone who gets behind the wheel of your car. Today, the absence of a power of attorney is not an offense. But this document is necessary in cases where confirmation of the right to perform certain actions with someone else's car is required, for example, to pick it up from an impound lot or sell it. The absence of a power of attorney in such situations does not entail punishment, but only limits the driver's capabilities.
When you can avoid punishment for driving without insurance on someone else's vehicle
The federal law on compulsory auto insurance provides for exceptions, thanks to which you can avoid punishment for administrative offenses, including driving someone else's car without an OSAGO. The absence of a policy is allowed for owners of certain types of vehicles:
- not developing a speed above 20 km / h;
- not allowed to participate in road traffic due to technical characteristics;
- Vehicles belonging to the troops, except for vehicles used in economic activities.
These exceptions are spelled out in part 3 of article 4 of the Federal Law No. 40. Another exception is provided for by the Motor Insurance Rules - the client of the insurance company is given the opportunity to take out insurance without limiting the persons admitted to driving. If there is one, any person can drive someone else's vehicle.
A fine can also be avoided if you conclude a sales contract, and after the trip, simply destroy it. As you know, if there is a contract of sale new owner The vehicle can move freely on it, since it has 10 days to register the car and issue an OSAGO.
The best way to avoid punishment is to properly issue OSAGO.
- If it is likely that different people (friends, colleagues, acquaintances) can drive your car, it is better to purchase insurance "without restrictions";
- If completely certain people get behind the wheel (child, spouse, close relative), it is worth entering their full name in the columns of the section “Persons admitted to drive” (limited).
It is not recommended to drive without a properly issued policy. Its absence leads not only to infinite penalties, but also aggravates the situation when insured event. Compulsory insurance was introduced to make life easier for car owners, and if you already draw it up, then for your own good, follow all the rules, and do not treat insurance as a formal obligation.
Once a traffic police officer stopped me, introduced himself and asked me to submit the documents, I say yes, no problem and open the glove box to get the documents, I look and I broke a sweat, there are no documents - I forgot them at home and rights, and the OSAGO policy, and the certificate of registration.
And it's good that the traffic police officer went to the meeting and gave the relatives the opportunity to bring documents. Otherwise, I would not have been able to avoid a fine for driving without insurance, yes, what to dissemble, my car would have been evacuated and I would have had to run around later. There were no documents at all.
But even if you have documents for a car and the right to drive a vehicle, but there is no insurance, you still cannot avoid a fine. Its amount depends on the type of offense.
5 types of fines for driving without insurance in 2019
For what | ARTICLE Code of Administrative Offenses of the Russian Federation | PUNISHMENT |
Driving without insurance (forgot insurance at home) | Part 2 Art. 12.3 Code of Administrative Offenses of the Russian Federation | Fine 500 rubles |
Driving without insurance (did not draw up) | Part 2 Art. 12.37 Code of Administrative Offenses of the Russian Federation | Fine 800 rubles |
Driving with expired insurance | Part 2 Art. 12.37 Code of Administrative Offenses of the Russian Federation | Fine 800 rubles |
Driving outside the period of use of the vehicle | part 1 of Art. 12.37 Code of Administrative Offenses of the Russian Federation | Fine 500 rubles |
The driver is not insured | part 1 of Art. 12.37 Code of Administrative Offenses of the Russian Federation | Fine 500 rubles |
In the table I gave a brief wording of violations and responsibility for them, the table can be downloaded and put into your car documents, I think it will not hurt you:
From November 15, 2014, if there is no insurance for the car, traffic police inspector is FORBIDDEN remove license plates and prohibit the operation of the vehicle.
Now let's look at each item in more detail with excerpts from the Code of Administrative Offenses of the Russian Federation.
Fine for driving without insurance in 2019
It is assumed here that you have an OSAGO policy (it is valid and you are included in it), but for some reason you forgot insurance at home.
Punishment for driving without OSAGO - a warning or fine at the rate of 500 rubles(Article 12.3. Part 2 of the Code of Administrative Offenses of the Russian Federation).
Until 2019, you were similarly punished if you did not print electronic policy OSAGO.
Now this is a thing of the past and it is enough to show the E-OSAGO inspector on a smartphone or give his number, and they already independently check the policy on the basis of OSAGO.
Penalty for not having insurance
The situation is more complicated if there is no insurance at all, a fine of 800 rubles. (Article 12.37. Part 2 of the Code of Administrative Offenses of the Russian Federation).
Until November 15, 2014, driving a car without insurance threatened to evacuate the car and remove license plates. I am glad that this terror was canceled.
Late insurance fee
Please note that in the administrative code of the Russian Federation there is no concept of overdue insurance.
If your OSAGO policy has expired, then this IS EQUALIZED TO THE LACK OF INSURANCE.
Driving with expired OSAGO insurance is punishable a fine of 800 rubles.
It is unnecessary to throw away an expired OSAGO policy, it may be required in the future to restore the KBM.
Penalty for driving outside the period of use
To be honest, I did not immediately understand what the point is. And it turns out everything is as simple as always.
Consider an example, you have issued an OSAGO policy for 1 year, with the period of using the vehicle from April to October, in the so-called summer season.
But it turned out that you had to drive in December. This will be driving outside the period of use.
In fact, it turns out that you have a policy (for a period of 1 year), but the period of use is from April to October.
Driving a car outside the period of use threatens you a fine of 500 rubles. (Article 12. 37. Part 1 of the Code of Administrative Offenses of the Russian Federation).
Not covered by insurance
“What is the fine if it is not included in the insurance” - many drivers are surprised, because in fact there is insurance, well, it is not included, yes, but the car is insured.
Alas, in Russia at the moment it is not the car that is insured, but the responsibility of the driver to other road users.
And if your car is driven by a driver who is not listed in the insurance, but he has a license, for example, your wife was driving you from friends or a friend was driving, then fine if not covered by insurance 500 rubles. (Article 12.37, part 1 of the Code of Administrative Offenses of the Russian Federation).
How many times can you be fined for driving without insurance during the day
We are often asked how many times the traffic police inspector has the right to fine you during the day for lack of insurance.
Legal norms exclude the possibility of issuing 2 or more decisions on the imposition of an administrative penalty in the same case.
Those. if you were stopped by a traffic police inspector and issued a fine for lack of insurance, then this is a complete offense and you cannot be fined a second time for it.
But if you continued to move and after 10 km. You were stopped by a traffic police inspector and he writes out again a fine for lack of insurance, then this is a new offense (another time, another place of the offense, etc.) and this can continue repeatedly!
Since, in accordance with paragraph 2 of Article 19.2 of the Federal Law “On Road Safety”, the operation of a vehicle without insurance is prohibited!
“It is forbidden to operate vehicles whose owners have not complied with the established federal law obligation to insure their civil liability.
Based on the foregoing, the actions of the traffic police officer in this situation are legitimate. And you urgently need to purchase an OSAGO policy!
Drivers against fines
In the course of our survey, car owners were categorically opposed to being fined for not having insurance.
52% of drivers were in favor of the fact that until they put things in order with the sale of OSAGO policies, fines for lack of insurance should be paid by insurers.
I didn’t sell the OSAGO policy - pay a fine for me! Is it fair?
How not to pay traffic police fines in full
I will say right away that you can not pay the fines of the traffic police in full on legal grounds X. True, not all, but fines for insurance are among them.
Don't be afraid, you're not breaking any law and you won't get anything for it.
State to increase fees to the treasury, d dishonest payers were given a 50% discount on the payment of fines. Federal Law No. 437.
The only BUT!
You can pay a fine with a 50% discount within 20 days from the date of the decision on an administrative offense.
Note! Within 20 days from the date of the decision, and not from the date of the offense!
Payment of a fine at a discount must be made in advance, since it will take several days to complete the operation to credit the fine to the account.
AND if the money is credited within 21 days, the discount will be canceled and you will pay the fine in full.
Now, if a traffic police officer stopped you on the road and drew up a protocol on an administrative offense, then it is not difficult to track the beginning of the period in which you can pay a fine with a 50% discount.
What if the offense was recorded by a video recording camera?
There are only 2 pieces of advice here:
- Register on the public services portal and link to personal account my phone number. And in the future, all notifications of fines will come to your phone.
- At least once every 10 days, check whether a fine has been issued to you or not on special services on the Internet. I would recommend doing this at the traffic police service.
And there is another little trick!
Since there have been difficulties with issuing an OSAGO policy for 2 years now, traffic police inspectors are much more loyal to drivers without an OSAGO policy. And if you don’t “go into the bottle”, but just complain to him that such and such insurers do not want to sell insurance, like I’ve been stuck in electronic queue, but it was necessary to go urgently, etc. etc., then in the end you can save at least 550 rubles on this.
Ask how? Yes, very simple. The inspector can write you a fine not for the lack of insurance AT ALL, but for driving without insurance, which is 500 rubles. instead of 800 rubles. And if you take advantage of the 50% discount, you will end up paying 250 rubles, not 800. Not bad, right?
Attention! This trick should not be abused. It works only because it is now difficult to buy an OSAGO policy.
REMEMBER! You buy OSAGO to insure your liability, and not to “get off” from a traffic police officer!
How to check and pay a fine
You can check if you have been fined here:
In the US, driving without insurance is very costly for the driver. Our penalties compared to theirs are the little things in life.
They dont have unified system punishments and fines vary from state to state, but for example, the state of Colorado can evaluate their system of punishment:
- $500 or our $33,000 fine for the first time you are caught driving without insurance, plus your driver's license will be suspended until you show proof that you purchased insurance.
- Fine of $1,000 or our 66,000 rubles for the second time and suspension of driver's license for 4 months.
- Fine of $1,000 or our 66,000 rubles for the third time and suspension of driving license for 8 months.
- For the fourth time, the deprivation of a driver's license.
Public works are also often added to fines, the duration of works is up to 40 hours.
That's how cool they have morals.
The first transfer about the fine for EOSAGO
There are situations when someone needs to drive someone else's car. But often a traffic police order imposes a fine if the one who drives the car is not included in the insurance.
At the same time, many questions arise:
- What is the amount of this fine?
- Is there any additional fee for it?
- Does the owner in the car soften it?
- Is there a legal possibility to completely avoid punishment?
Hey! Ilya Kulik is with you again, and in today's article I will try to answer these and other questions related to the third paragraph of the OSAGO policy with maximum clarity.
First of all, I will clarify the basics of the basics - should the driver have an autocitizen policy in the car. The fact is that not everyone is sure of this need due to frequent changes in the rules and other reasons.
Is the OSAGO policy included in the mandatory travel document package?
The list of documents that a person driving is required to present to a traffic police officer is listed in the "Rules of the Road" (SDA), namely in section 2 (clause 2.1.1, paragraphs 2, 3 and 6).
Documents from these paragraphs constitute the so-called. travel package, which must be in the car when driving on the roads common use. From November 12, 2012, for the bulk of motorists, this package includes three documents:
- Driver's license(VU) of the corresponding category - this is known even to schoolchildren;
- Registration certificate(STS) - about the so-called. plastic is known to all drivers without exception;
- Compulsory car insurance policy(OSAGO) - some people think that it is not as mandatory as rights or STS, for example.
This list was approved by Government Decree No. 1156 and is relevant for 2017. So, any person driving a vehicle (TC) must have a car insurance policy with them.
Is a driver, who is not the main owner of the vehicle, required to have an OSAGO policy with him?
For drivers who are included in a limited policy as persons authorized to drive a car, as well as for any drivers of unlimited OSAGO, the same rules apply as for the main owner.
That is, the policy must be in the car, regardless of who drives it and for what reason. After all, if a person took up the management of someone else's transport, then he automatically receives the status of its temporary owner. And according to Art. 4, paragraph 1, Federal Law No. 40, the owner of the vehicle is required to have a motor vehicle citizen.
In other words, driving a car without a driver's autocitizen is prohibited for everyone - this general rule, which has some exceptions for special cases.
What does it look like in practice? If, for any reason, a person who is not the main owner of the vehicle has a need to drive it, then he must obtain from the main owner:
- STS- to confirm the registration of the vehicle;
- OSAGO policy– to confirm auto liability insurance.
The fact that these documents are not in the name of another person is absolutely normal - the identity of the temporary owner is verified by his VU and by the entry in the field for persons admitted to management. Although the latter is not necessary if the insurance is open.
If the owner insured the car by, then instead of the policy, its printout is transmitted.
By the way: in the future, with the development of the technical ability to quickly work with the bases of the Ministry of Internal Affairs, the traffic police and the RSA (Russian Union of Motor Insurers), the requirement for mandatory presentation of the policy will be canceled.
What happens if the driver is not included in the limited OSAGO?
From the previous sections, you already know for sure that the OSAGO policy:
- Included in the road package of autodocumentation;
- Mandatory for presentation by any owner of the vehicle;
- Must contain the driver's data if the owner of the vehicle is temporary and the insurance is limited.
In the third paragraph of the insurance contract there are fields for entering the data of 4 drivers admitted to driving. Whom to enter there is determined by the main owner at his discretion. If OSAGO is a standard version (limited), then the person driving the vehicle must be entered in one of the columns of the third paragraph (full name and VU number).
The traffic police inspector, when stopping the car, checks the data of the VU and this record, if the driver is not the main owner, but a temporary one. In the absence or inconsistency of the specified data, a penalty in the form of an administrative fine is imposed on the driver.
Attention! The inspector has the right to issue a fine even if there is a slight discrepancy between the data (one letter or number) in the VU and in the 3rd paragraph of the insurance contract due to an error.
How was it punished before for the lack of driver data in a limited policy?
Starting from 2013 and ending in November 2014, there was a rule that allowed punishing a driver who was not included in the auto citizenship with rather strict sanctions.
- Discharged administrative penalty(300 rubles);
- A ban was imposed on the operation of the vehicle with the removal of license plates.
After drawing up the protocol, the violator had 24 hours for a simplified settlement of the issue - paying the fine and arriving before the eyes of the traffic police of the main owner of the vehicle with all the documents. After a day, it was much more troublesome to pick up the car from the spetsstoyanie.
Why then introduced such strict measures? This was not due to the tightening of control, but to the abolition of handwritten powers of attorney, which confirmed the right to drive the vehicle by temporary owners.
The traffic police considered that the complete absence of documentary evidence of any connection between the driver and the car he was driving should raise suspicion of crime, which is quite logical.
However, due to the fact that the automotive legislation of the Russian Federation in its development is guided by global practice and the experience of Western countries, the introduced strictness was canceled on November 15, 2014, in accordance with Federal Law No. 307.
What punishment is provided for the driver today if he is not included in the OSAGO?
As I already mentioned, if the person driving the car is not included in the OSAGO, then an administrative fine is imposed on him, according to the Code of Administrative Offenses of the Russian Federation (Article 12.37). And this is the only punishment for such an offense at the moment.
What is the amount of this fine? Article 12.37 has two clauses, each of which is responsible for a number of violations, delineated by their severity:
- Paragraph 1 imposes a fine for non-fulfillment of obligations under OSAGO - this applies to the main owners of the vehicle.
- Point 2 imposes a fine for violating the terms of OSAGO - this includes temporary owners who are not included in the policy.
This distinction was approved by the Decree of the Plenum of the Armed Forces of the Russian Federation No. 18 (p. 12) of October 24, 2006.
The amount of fines for these cases is different:
- 800 rub., according to point 1;
- 500 rub., according to paragraph 2.
That is, the absence of an entry in the insurance contract with the data of the temporary owner is punished less severely - 500 rubles, although both fines are not particularly severe.
By the way: in 2016, for this violation, it was planned to warn the driver as a minimum measure, but this was not approved by the State Duma.
What is the fine if the driver is not included in the policy and the owner is not around?
If the temporary driver is not included in the OSAGO agreement and the owner is not around, the fine will be the already announced 500 rubles, provided that all other documents are in order.
But let's complicate the situation: the temporary owner is not entered into the autocitizenship, the owner is not nearby, and the insurance contract itself is also not in the car (I forgot it at home, etc.). In this case, according to the logic of things, the vehicle should face a spetsstoyanka until it is clarified. Indeed, in such a situation, it is problematic to distinguish the temporary owner from the hijacker if the car did not have time to get into the theft database.
However, in reality, you will have to pay the same fine of 500 rubles, because the temporary owner of the STS in the name of the main owner is today considered a kind of “permission” for the right to use someone else’s vehicle.
If at the stop it is impossible to obtain information about the existence of an auto citizen for this vehicle, then the inspector may issue a fine of 800 rubles. (according to part 2 of article 12.37 - the absence of an auto citizen). The driver is allowed to appeal this amount within 10 days from the date indicated in the protocol.
Let's complicate the situation even more: the motorist is not included in the insurance, it is not in the car, and the STS is also missing. Of all the documents, only rights. In this case, the same amount of a fine of 500 rubles is paid, but at the same time the car is also detained until it is clarified for driving without registration documents on someone else's vehicle, according to Art. 12.3 (p. 1) and Art. 12.13 (clause 1) of the Code of Administrative Offenses of the Russian Federation.
How much will the fine be if the owner of the car is next to the driver, and he is not included in the OSAGO?
Some motorists are still sure that if the owner is next to the driver, then any person with a license can drive the vehicle.
This is not so - after all, as I have already indicated, the person driving the car automatically becomes its temporary owner. And this obliges you to insure your auto civil liability in one way or another - in this case, to be included in a limited auto civil liability.
That is, the center of responsibility is the person behind the wheel. And the owner sitting next to him is classified as a passenger. Therefore, nothing changes for the temporary owner in this situation - he is entitled to the same fine of 500 rubles.
However, there is a nuance here. If the temporary driver is not included in the OSAGO, and the owner is nearby and the traffic police inspector knows who he is, then the right arises to issue a fine to both defendants. Indeed, according to the law, the inspector is obliged to punish those guilty of administrative violations, regardless of their number. And the owner, no doubt, is legally guilty of not including a temporary driver in the insurance.
How much is the fine in this case? Also for 500 rubles. to each. But if there was no insurance contract in the car at all and there is no evidence of its existence, then the owner can be fined 800 rubles, which he can then challenge and reduce the fine to 500 rubles, as I mentioned above. Although drivers rarely spend time on such a challenge - mainly out of principle, and not because of money.
Attention! Transfer of control of the vehicle by the main owner (sitting next to him - “let him steer”) to a person who does not have driving license, is punishable by a fine of 3000 rubles, according to Art. 12.3 (clause 3) of the Code of Administrative Offenses of the Russian Federation.
Is a handwritten power of attorney to drive a car still valid?
In the issue of powers of attorney, due to changes in legislation, drivers are also often confused, considering this document an alternative to recording the data of a temporary owner in an insurance contract. This is a misconception.
The fact is that until the end of 2012, persons admitted to driving a vehicle could not be entered into the form of an auto citizen. Instead, general (for several persons) or handwritten (for one person) powers of attorney were used, enabling temporary owners to drive a car, as well as other rights specified in the document.
Since November 24, 2012, the provisional owner of a power of attorney, as a document of title for driving, was canceled, in accordance with Government Decree No. 1156. The place of powers of attorney was taken by limited or OSAGO - now they certify the right to use someone else's vehicle by a temporary owner.
That is why a written power of attorney, even notarized, will not save a temporary driver who is not included in OSAGO from a fine.
When may a temporary driver need a power of attorney for a car?
With regard to powers of attorney, you must understand that in 2012 they were not canceled, but only their effect for a certain case - the right to drive someone else's car. No one abolished such documents completely, and you have the right to draw them up in a notarial or simple (handwritten) form.
So, a power of attorney for a car to a temporary owner may be needed in the following cases:
- Registration actions with the car;
- Alienation of the car from the property of the main owner (sale, donation, exchange);
- Transfer of a car to another temporary owner;
- Extension of the insurance contract;
- Passing technical inspection;
- Removal of penalties from the car (ban on use, special parking);
- Departure outside the Russian Federation or the EAEU.
IN listed cases a power of attorney is required for both the driver inscribed in the insurance and those driving in an open autocitizen.
If an accident occurs and the temporary owner of the car is not included in the policy
And what happens if an accident occurs due to the fault of a temporary driver who was not included in the insurance of the main owner? It is clear that the insurance company (IC) will compensate the victim, but will the recourse procedure for the payments made be applied?
Yes, it will, because there is a clear fact of violation by the insured of the terms of the insurance contract. According to Art. 16 (clause 3, Federal Law No. 40), the owner of the car, when transferring control to a person not included in the policy, is obliged to immediately notify the UK about this. And in writing.
This is clear. Well, who will actually pay the compensation to the UK - the owner or the person who was driving?
On this account, in the Federal Law No. 40 there is a special paragraph "D" in Art. 14, which deals with the right of recourse. This paragraph unambiguously determines that all liability for recourse lies with the direct culprit of the accident - "... a person not included in the contract as admitted to management ...".
That is, the regression of damage is paid by the person who was driving at the time of the accident and was not included in the insurance, and not the owner of the vehicle.
Is it possible for a temporary driver who is not included in the OSAGO policy to avoid a fine?
The owner of the car can, without much hassle, add the necessary driver to the autocitizen at any time of its validity. However, now this requires a complete replacement of the form, as well as recalculation of the amount of the insurance premium, which can take several days.
And if you need to put the driver behind the wheel urgently? Or is there simply no room in the OSAGO contract for another driver (all those entered are needed)? What can you do if you don't want to pay fines?
Agreement on the free use of a car
In these cases, the agreement “On the free use of the vehicle” (DBP) can help you out. By itself, this document is a more serious alternative to a simple power of attorney.
The features of the gratuitous contract are as follows:
- Increased responsibility temporary owner for the vehicle;
- Paying any fee not expected by the document;
- registration for such a document is not needed (as well as for the DCT);
- Compilation Form free, but the information should be as detailed as possible;
- Vehicle re-registration or entering data into the PTS is not required.
The owner of the car can draw up and print out such an agreement in advance, and when the need arises, it is enough to put down the dates and sign the document for him and the temporary owner.
From the moment of signing the contract, the new driver acquires the right of ownership, which obliges him to formalize his auto civil liability in some way (by a separate policy or an entry in the contract of the main owner).
And for this according to the law, in accordance with Art. 4 (clause 2, Federal Law No. 40), a period of as much as 10 days is required, during which a temporary driver can drive without OSAGO and not be afraid of fines. Of course, the signed contract must be in the car.
Attention! This method is effective as of February 2017, but it is a classic gray scheme that may eventually be legally covered up.
- Handwritten power of attorney or receipt from the main owner to a temporary one, although not necessarily, but desirable, especially in complicated cases of ownership of the vehicle (joint, etc.) - this is the opinion of traffic police inspectors, keep this in mind.
- If the traffic police squad repeatedly found the lack of information about the driver in the OSAGO policy, the law does not prohibit inspectors from imposing another fine on the violator. The presentation of an already drawn up protocol is not a reason not to draw up another one for the same violation if it was committed at a different time.
- Sometimes cunning drivers themselves enter the right person in the policy without notifying the insurer. Such trickery can work under the current liberal rules of road checks. However, do not forget that such an act has all the signs of forgery of documentation. strict accountability, for which the opening of criminal proceedings and punishment in the form of huge fines or imprisonment are required: Art. 327 (part 1), art. 327 (part 3), art. 159 of the Criminal Code of the Russian Federation. And keep in mind that in judicial practice The Criminal Code of Russia has recent precedents with real terms of imprisonment for unauthorized amendments to an insurance contract.
Conclusion
So, from the article you read, you figured out that:
- The temporary owner of the vehicle must have a policy with him OSAGO and be included in it.
- The amount of the fine, if the temporary driver is not included in the policy, is 500 rubles;
- Power of attorney driving a vehicle does not save you from a fine;
- In case of an accident the temporary owner pays for everything under the recourse procedure from the UK;
- With the help of a contract about the gratuitous use of the vehicle, you can avoid a fine.
Have you had any problems with the traffic police about the absence of your name in the OSAGO policy? What punishment did the inspector apply and did you try to prevent it? Tell us in the comments about these or other cases related to the topic of the article.
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“What is the penalty if it is not included in the insurance” - such a request is often entered into search engines. In order not to find out from your own experience what fine, if not included in the insurance, the driver is subject to, use a few simple tips.
What happens if the driver is not covered by insurance?
In the event that a violation of the rules of the OSAGO insurance contract is allowed and the car is driven by a person whose data is not included in the policy, he commits an administrative offense punishable by a fine. What is the penalty if the driver is not included in the insurance? According to Part 1 of Art. 12.37 of the Code of Administrative Offenses of the Russian Federation, the perpetrator is obliged to pay 500 rubles.
However, the case is not limited to a fine. By law, the traffic police inspector who stopped the car and discovered such a violation is obliged not only to draw up a protocol, but also to remove the driver from driving so that the offense does not continue. In this case, the car will be detained and sent to a specialized storage area (the so-called impound lot). Only the owner can take it from there. And then - only after the fine is paid and the services for moving the car and storing it in the impound lot are paid.
It is possible to avoid a parking lot, but for this, one of the persons who appear in the OSAGO policy must urgently arrive at the place of detention. If such a person manages to arrive earlier than the tow truck, then in this case the violation will be eliminated and the car will be able to continue moving. The detained driver - too, but before being included in the list of persons allowed to drive this car - only as a passenger.
Don't know your rights?
No insurance anywhere
In addition to a fine for a driver who is not included in the insurance policy, a fine is also possible due to the lack of insurance itself. In this case, the law provides for heavier liability: the fine will be already in the amount of 800 rubles. Moreover, a fine, if the driver and his owner are different persons, will be imposed on both, because Part 2 of Art. 12.37 of the Code of Administrative Offenses of the Russian Federation provides for liability not only for the lack of OSAGO for a car, but also for driving a car if there is obviously no insurance.
Special attention should be paid to the word "certainly". According to the law, the driver can be justified if he can prove that the owner of the car deceived him, saying that there is OSAGO. However, it is unlikely that it will be possible to convince the traffic police of this, and any reasonable motorist will never drive a car without making sure that all the documents for it are at hand.
Other fines in connection with OSAGO
An overdue OSAGO agreement is equated to an absent one, therefore a fine in the amount of the same 800 rubles is imposed for it. But some insurance companies offer contract options not for a standard period of 1 year, but for a certain number of months during a calendar year. Such insurance is cheaper than a one-year insurance, and is very convenient for those who need a car only seasonally (for example, to go to the country in the warm season).
However, if you try to drive such a car during a period that is not specified in the insurance, you can get a fine. It will be 500 rubles. Responsibility for this violation is also provided for by the above part 1 of Art. 12.37 Administrative Code of the Russian Federation.
Finally, we must not forget the OSAGO policy. He, like the rights and documents for the car, should always be at the hands of the driver. Forgetfulness in this case is punishable by a fine of 500 rubles under Part 2 of Art. 12.3 of the Code of Administrative Offenses of the Russian Federation. But liability can be mitigated: the code allows that punishment may be limited to a warning. This is possible if the traffic police consider that the offense does not pose a great public danger.
Some drivers believe that it is enough to issue a power of attorney for a friend or relative, and he will legally be able to drive a car. However, driving without entering into insurance is fraught with a fine, and sometimes even more serious consequences. Read about it in the article of our lawyers.
Punishment if the driver is not insured
Before talking about a fine for a driver who is not included in the insurance, let's look at the cases in which it can be assigned. How many people are entitled to drive a car depends on the type of OSAGO policy. It can be limited or unlimited. The former are cheaper and allow up to 5 people to be included in the insurance. At the same time, the insurance company will check everyone to determine the risks and likelihood of an accident. All accidents that happened to each driver will be taken into account. The final cost of the policy will be determined taking into account the maximum risk.
An unlimited policy gives the owner the right to legally trust his car to anyone. The main thing is to write out a power of attorney for everyone. No one is included in the policy. Due to the increased risk for the insurance company, it costs much more than the limited one - one and a half or even 2 times more.
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Liability for driving without insurance
Responsibility for driving a vehicle by a driver not included in the insurance is contained in Art. 12.37 Administrative Code of the Russian Federation. Clause 1 of this article provides for punishment for driving a vehicle during a period that is not covered by insurance, as well as for driving without being covered by insurance. In both cases, the fine is the same - 500 rubles.
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If the owner of the car is nearby
Some motorists believe that there will be no fine for driving a driver who is not included in the insurance if the owner of the car is sitting next to him - in the passenger seat. This is not true. The difference is that in this case the car cannot be taken to the impound.
Keep in mind that a person not included in the insurance cannot drive a car, even if he has an official power of attorney. The fact is that the OSAGO policy does not apply to such a driver, since it is not the car itself that is insured, but Civil responsibility a certain person. The driver must have:
- OSAGO insurance policy;
- registration documents of the vehicle;
- the rights.
Note!
If you need to temporarily transfer the car to another person, just enter it in the policy. In this case, a power of attorney is not required.
What awaits the driver in case of an accident if he is not included in the OSAGO policy
What if the accident happened at the moment when a driver who was not insured was driving? If he became the culprit of the collision, nothing will change for the victims: the insurance company will compensate for the justified damage within the established limits. But only after that, the UK will legally require compensation from the owner of the car, who let a person not included in the policy drive. Therefore, in addition to the fine, you will have to pay for the damage to the victim in an accident. The amount can be significant.
It is important to know that there will be compensation from the insurance company only if the culprit had a power of attorney to drive the vehicle. If it is not there, the victim will have to demand compensation from the owner of the car through the court.
Discount on payment of fines for lack of insurance
The violator can save 50% of the amount of the fine if he manages to pay it within 20 days from the date the decision comes into force. Payment of half of the penalty is possible until midnight on the 20th day.
The discount does not apply to the following types of violations:
- any violations related to alcohol or drugs;
- refusal of medical examination;
- repeated speeding by more than 40-60 km/h, 60-80 km/h and more than 80 km/h;
- re-running a red light;
- exit to the opposite direction;
- re-arrest for driving an unregistered car;
- harm to health of mild or moderate severity.
It is also worth knowing that a total of 60 days is given to pay the fine. If you do not meet this deadline, you will have to pay more. And those motorists who maliciously evade paying fines can be deprived of their rights, restrict their travel abroad and freeze their accounts.
If you do not know what fines you have, go to the traffic police fines page and check for unpaid amounts by driver's license number and vehicle details.
How to avoid a fine for not recording the driver's name in the OSAGO policy
If you want to avoid a fine for driving without entering into the OSAGO policy, take care in advance to notify the insurance company. We recommend that you include in advance the insurance of loved ones who may urgently need a car. In this case, it is not necessary to issue a power of attorney.
If a person is not included in the policy, but he urgently needs to transfer the car, immediately notify the insurance company. She will change the insurance data and recalculate the amount that the owner of the vehicle will have to pay. You will have to pay extra only if the UK considers that the inclusion of a new driver in the policy will bring additional risks.
The second option is to issue insurance on the terms of "an unlimited number of persons admitted to management." It allows anyone who has an official power of attorney from the owner of the car to drive a car. The overpayment for such a policy can reach up to 100%, since a multiplying factor of 1.8 is applied. It is enough for the traffic police officer who stopped the car to present such a policy, as well as a power of attorney from the owner of the vehicle (in simple written form or notarized).
Summary
The rule is simple: if the driver is included in the OSAGO policy, he does not need a power of attorney to drive, but the power of attorney itself without being included in the insurance does not give the right to drive a vehicle.
If you have chosen a limited insurance policy, think ahead about which of your loved ones may need a car. Include them in the policy. If you urgently need to transfer the car to a person who is not insured, notify the UK as soon as possible. The company will amend the contract and calculate the new premium amount, so get ready for additional expenses.