Does the traffic police inspector have the right to check insurance?

Checking the MTPL policy of the traffic police - in what cases is an insurance policy provided?

For a long time now, traffic police inspectors have not checked drivers’ technical inspection cards (diagnostic cards). But what about the MTPL insurance policy? Do I need to present it to the traffic police officer? Are there any situations when the traffic police inspector does not check the MTPL policy? What should you do if an employee asks you to hand over the policy to him for verification? What should those who insure civil liability using an electronic policy do?

The legislative framework

According to paragraph 1 of Article 4 of Federal Law No. 40 “On compulsory civil liability insurance of vehicle owners,” all car owners are required to enter into a compulsory motor liability insurance agreement. Otherwise, the car is not allowed to drive on public roads. At the same time, paragraph 2.1.1 of Article 2 of the Road Traffic Rules established that when driving a vehicle, the driver is obliged to have with him and hand over to the traffic police inspectors upon request, including an MTPL insurance policy. However, the traffic police officer must have sufficient grounds to be able to check the driver’s documents. Paragraph 106 of the Administrative Regulations of the State Traffic Safety Inspectorate determined that such grounds include:

Recorded violation of traffic rules;
Availability of vehicle orientation;
Carrying out promotions and special operations aimed at preventing road accidents and reducing the severity of the consequences of road accidents;
Violation by the driver of the requirements for ensuring the proper level of safety on the road (excessive tinting of windows, “playing checkers”, etc.).

In addition, clause 84.13 of the Administrative Regulations specifically stipulates that the traffic police inspector has every right to stop a vehicle in order to check the driver’s documents for the right to drive a vehicle and documents for the car itself. In practice, this means that, if desired, the traffic police inspector can always find a reason to check the driver’s documents and he will not have the right to refuse him.

Liability for lack of insurance

Responsibility for the lack of a compulsory motor liability insurance policy is determined by Article 12.3 of the Code of Administrative Offenses. Paragraph 2 of this article states that in case of failure to provide a police officer with an MTPL policy, the driver faces a fine of 500 rubles or a warning. At the same time, paragraph 2 of Article 12.37 of the Code of Administrative Offenses of the Russian Federation determined that if the driver drives a vehicle for which a compulsory motor liability insurance contract has not been concluded, the fine is 800 rubles without the possibility of replacing the fine with a warning. Also, paragraph 1 of the same article determined that if the vehicle is driven in violation of the requirements established by the car insurance contract (the car is driven by a driver who is not included in the insurance, or the car is driven during a period of time not covered by the insurance), the driver will be fined in the amount 500 rubles.

Features of an electronic document

From January 1, 2017, car owners had the opportunity to buy an electronic OSAGO policy. To do this, you need to go to the official website of the insurance company, fill out the appropriate form, pay for the policy and submit the application. But in this case, the insurer is not obliged to provide the client with a paper version of the policy. In fact, when driving a vehicle, the driver is left without a compulsory motor liability insurance policy, for which liability is provided under paragraph 2 of Article 12.3 of the Code of Administrative Offenses of the Russian Federation (a fine of 500 rubles or a warning). However, paragraph 124 of the Administrative Regulations of the State Traffic Safety Inspectorate determined that the driver can transfer to the traffic police inspector a printed version of the electronic OSAGO policy. That is, the driver needs to download the electronic policy he purchased (the insurance company sends it to the specified email) and print it on a regular printer.

Also, as of 2018, traffic police inspectors are testing a service for checking whether a driver has MTPL insurance policies without providing a paper version. That is, the employee enters data about the car into the search bar and the system provides information about the presence (absence) of a compulsory motor liability insurance policy and its conditions (permitted period of use of the vehicle, the number of persons included in the insurance, etc.). This innovation is primarily dictated by the widespread use of electronic MTPL policies and the fact that car owners do not always print out a paper version of the insurance.

Basic verification rules

The employee who stopped the vehicle must approach, introduce himself and state the reason for the stop. If this reason does not coincide with the above, the inspector does not have the right to check whether the driver has an MTPL policy. For example, if the car was stopped in order to attract the driver as a witness, in order to assist other road users, and so on.

If the reason for the stop coincides with the above, the inspector may require documents from the driver. He, in turn, is obliged to transfer them immediately. Clause 53 of the Administrative Regulations determined that documents are accepted from the driver without covers and holding devices. This means that the inspector has the right to take documents and go with them to a patrol car (stationary patrol post) to check all the necessary information against the database.

Conclusion

While driving on public roads, the driver must always have a paper version of the MTPL policy with him, regardless of how he purchased insurance: at the insurer’s office or online. If the driver does not have a policy in hand, a fine of 500 rubles is provided (provided that the car itself is insured). Perhaps in the near future, drivers will be freed from the need to show traffic police officers their MTPL insurance policy—an automatic information verification service is already being tested.

Am I required to show my insurance to the traffic police officer?

A traffic police inspector stopped me to check my documents. I didn't break anything. Showed his driver's license and car registration. The inspector asked for an insurance policy. Do I have to show it? After all, the traffic rules say - in cases where the obligation to insure one’s civil liability is established by federal law. What are these cases? And what kind of movement can there be without an insurance policy?

I know that in Ukraine, compulsory motor liability insurance is presented only in case of violation of traffic rules, or in case of an accident. and in the Russian Federation?

While on duty, traffic police officers have the right to stop cars to check drivers’ documents required by traffic regulations, including an insurance policy for compulsory civil liability insurance, and to confiscate them in cases established by law.
All car owners, both individuals and organizations, are required to insure their civil liability by concluding a compulsory insurance agreement.

Civil liability insurance must be insured before registering the vehicle, but no later than 10 days after ownership arises. An uninsured car will not be registered with the traffic police. An administrative fine in the amount of 500 to 800 rubles may be imposed on a car owner for lack of compulsory insurance.

(The rules for compulsory civil liability insurance of vehicle owners were approved by Decree of the Government of the Russian Federation of May 7, 2003 N 263)

-In accordance with Regulation 185, checking documents for the right to use and drive a vehicle, documents for the vehicle and the cargo being transported, as well as identification documents of the driver and passengers (ONLY at stationary traffic police posts), and not wherever he wants.

Roman, this wording is so-called legal slang, so that in case of changes in one document, you do not have to rewrite a bunch of others.
This means that if the law provides for compulsory civil liability insurance of a vehicle, then you are required by law to have an insurance policy with you and show it to the traffic police inspector upon request.

The documents that the driver must present to the traffic police officer include the documents specified in clause 2.1.1 of the traffic rules

2. General duties of drivers[Road rules] [2]

2.1. The driver of a motor vehicle is obliged to:

2.1.1. Carry with you and, at the request of police officers, hand over to them for verification:

a driver's license or temporary permit to drive a vehicle of the appropriate category;

registration documents for this vehicle, and if there is a trailer, also for the trailer;

in established cases, permission to carry out activities for the transportation of passengers and luggage by passenger taxi, waybill, license card and documents for the transported cargo, and when transporting large, heavy and dangerous goods - documents provided for by the rules for the transportation of these goods;

insurance policy of compulsory civil liability insurance of the vehicle owner in cases where the obligation to insure one’s civil liability is established by federal law.

In cases expressly provided for by current legislation, have and submit for inspection to employees of the Federal Service for Supervision of Transport a license card, waybill and shipping documents.

Is the driver required to present insurance to the traffic police inspector?

Stopping a car by a traffic police officer always raises some concerns even among car owners who have all their documentation in perfect order. But if the provision of a driver’s license and documents on the ownership of the car does not raise any questions for anyone, then whether to present insurance or not is a controversial issue for many. Let's try to figure it out.

What must be presented to the traffic police inspector?

All issues related to civil liability insurance are covered in the Law “On Compulsory Motor Liability Insurance”. It contains the obligation to present a compulsory insurance policy in three cases:

in case of an accident;
violation of traffic rules;
at the time the vehicle is deregistered.

However, this contradicts the responsibilities of drivers described in the traffic rules. Namely: clause 2.1.1 contains the right of a traffic police officer to check, and therefore the obligation of the car owner to transfer for inspection:

license or other document allowing you to temporarily drive a vehicle;
registration documents;
insurance.

This is a mandatory list for everyone, regardless of the situation. In some cases, other documents may be required.

That is, the answer to the question of whether the driver of the vehicle is obliged to present an insurance policy to the traffic police inspector is unambiguous. Yes, I must. Moreover, the policy must not be expired, and the person specified in it must be driving.

The driver is required to present documents confirming the right to use and drive a vehicle. The insurance contains a list of persons allowed to drive a car. Therefore, the MTPL policy is required to be presented when stopped by the traffic police.

Responsibility for violating traffic rules

Administrative liability is provided for failure to provide an employee with compulsory motor vehicle liability insurance. According to paragraph 2 of Article 12.3 of the Code of Administrative Offenses of the Russian Federation, a fine of 500 rubles is imposed on a car owner who does not present this official document, and a warning is also issued.

Code of Administrative Offenses of the Russian Federation Article 12.3. Driving a vehicle by a driver who does not have the documents provided for by the Traffic Rules

2. Driving a vehicle by a driver who does not have documents for the right to drive it, an insurance policy of compulsory insurance of civil liability of vehicle owners, with the exception of the case provided for in Part 2 of Article 12.37 of this Code, and in cases provided for by law, a waybill or goods receipt - transport documents, entails a warning or the imposition of an administrative fine in the amount of five hundred rubles.

Purchasing a new car

According to current legislation, when purchasing a car, its owner is obliged to take out insurance no later than 10 days from the date of signing the sales contract. It is from this moment that he turns into the owner of the vehicle. The fact of purchasing a car gives its owner the right to use the car for its intended purpose, but obliges it to insure third-party liability within 10 days.

If during this period the car is stopped by a traffic police post, the driver is required to present a purchase and sale agreement instead of a policy. After 10 days from the date of purchase, traffic cops have the legal right to fine an uninsured car owner.

To avoid punishment, some manage to correct the date of purchase of the car (they draw up a contract with an open date). But this is a temporary measure - you will still have to buy a policy, and it is better to do it in a timely manner.

Electronic variant

Since 2017, every car owner has the opportunity to take out a compulsory car insurance policy without leaving home. This can be done on the website of any insurance company. The obligation of insurers to sell electronic options is provided for by law, but in practice it is not always possible to obtain this advanced service. However, this is not about that now.

If the car owner nevertheless exercised his legal right and bought an electronic MTPL, then what should he do when stopped by the traffic police? After all, the employee has all the legal grounds (see above) to request a paper document from the driver.

The key to solving this dilemma lies in Article 32 of the Federal Law “On Compulsory Motor Liability Insurance”. This paragraph states that when applying for an electronic version of insurance and in the event of a car being stopped by a traffic police officer, the driver is required to present a printed version of the policy. The electronic version is always sent to the email address specified when registering for compulsory motor liability insurance.

Every driver is required to present a printed document when stopped by a police officer with the appropriate authority.

Before the relevant changes were made to the Law, the provision of a printed version of insurance was only advisory in nature, and traffic cops received verbal orders to check the availability of valid policies in the database. But now the issue is more or less resolved. Every car owner who applies for compulsory motor liability insurance via the Internet must print it out and take it with him.

To summarize: To avoid valid claims and unnecessary fines, always carry proof of insurance with you. His demand by traffic police officers is justified and completely legal. Moreover, you may receive a fine for failure to provide compulsory motor insurance.

Can traffic police officers check insurance?

When is it required to present e-OSAGO?

The only document that the driver must follow is the Traffic Rules. He doesn't have to know the rest. But to be fully prepared, it is better to understand some provisions of the Police Law in advance. After all, quite often traffic police inspectors take advantage of the illiteracy of car owners and do what they want.

To check documents - driver's license, car papers, insurance, driver and passenger ID - the car can be stopped only at a stationary traffic police post. Not mobile, but stationary - see.

clause 63 of the Administrative Regulations of the State Traffic Safety Inspectorate (approved by order of the Ministry of Internal Affairs dated March 2, 2009 No. 185).

On the road, an inspector has the right to stop you only for the following reasons: if you have violated traffic rules, or there is information (for example, from other drivers) about a traffic violation, or the car is passing through one of the traffic police search bases.

They may also stop to attract the driver as a witness or, if necessary, to provide assistance to the victim. Sometimes an inspector urgently needs to go on official business, but doesn’t have his own car... And the last reason (it is quite often used by traffic police inspectors to justify stopping and inspecting cars right on the road) is the holding of special events.

But such events (mandatorily!) must be carried out on the basis of an order issued by the head of a department of the internal affairs body. It is clear that the inspector may not have a written order from his boss to inspect all passing Volvos to search for escaped criminal N.

But he is obliged to refer to this very order and name the name and position of the leader who gave it.

If you are stopped in an open field, referring to some kind of “Interception” operation, immediately report this by calling the helpline (it is usually indicated on the traffic police vehicle) and duplicate the call to the emergency number 112 or 02. And then act in accordance with with traffic rules.

Before requesting documents, the traffic police inspector must introduce himself and show his official identification (clause 2.4 of the traffic rules). The driver must have with him (and present to the policeman upon request) a driver’s license, documents for the car, and an insurance policy (clause 2.1.1 of the traffic rules).

In principle, the police officer may also require a passport. If the driver has not violated traffic rules or committed anything illegal, he must be released immediately.

If the inspector is interested in what is in your pockets, in the trunk, in the cabin, under the hood, then this is already a personal search or a vehicle search, and its conduct is strictly regulated.

Personal searches are carried out in accordance with the requirements of Article 27.7 of the Code of Administrative Offenses of the Russian Federation (CAO RF). The search is carried out only by a person of the same sex as the driver, in the presence of witnesses of the same sex.

If, for example, an inspector decides to examine a female driver, then he will have to call a female inspector and female witnesses to the scene. Otherwise, a personal search cannot be carried out! The exception is cases when it is reliably known that the driver has a weapon or an instrument of crime.

A protocol must be drawn up regarding the conduct of a personal search, and a copy is given to the driver.

Inspection of a vehicle is carried out in approximately the same way (Article 27.9 of the Code of Administrative Offenses of the Russian Federation). And here it is necessary to have witnesses present and to draw up a written protocol. The car is inspected only in front of the owner-driver!

If the inspector decides to rummage through the trunk himself, this is no longer an inspection, but a search. And it is possible only with the sanction of the court or prosecutor. I advise you to calmly remind the inspector about the inspection procedure. If your remark has no effect, call the helpline again.

Often inspectors are concerned about the presence of a warning triangle, first aid kit, or fire extinguisher. Here I would like to remind you: clause 2.1.

1 of the traffic rules contains an exhaustive list of documents that the driver must present to the inspector - there are no first aid kits, emergency signs or fire extinguishers in it. All this is controlled during a technical inspection.

And the driver himself, before getting behind the wheel, is obliged to check the technical condition of the car. We all do this, right?

And therefore, the inspector has no right to demand that the trunk be opened “just to have a look.” Is there any reason to suspect the driver of transporting something prohibited? Let him call two witnesses and draw up an inspection report. No other way. By the way, the inspector’s partners cannot be witnesses.

There is another way that a police officer can try to look under the hood or in the trunk - checking the engine and body numbers.

Only a technical control inspector has the right to conduct a so-called check of the technical condition of a vehicle in accordance with the Administrative Regulations (approved by Order of the Ministry of Internal Affairs No. 185) - at stationary posts, using special equipment.

However, a traffic police inspector can check identification numbers, but only visually. That is, he looked under the hood, looked at the number, compared it with what was listed in the documents (or the policeman has it in his computer, in the database) - and that’s it. He has no right to force the driver to clean his license plate!

Psychologist in uniform

It happens that the inspector - especially after listening to the remark of a particularly smart driver - takes a wait-and-see attitude.

Others begin to fuss, for some reason they offer to voluntarily show all things to the officer, or even come to an agreement... Why? It is enough to remind the inspector about Article 12.35 of the Code of Administrative Offenses of the Russian Federation.

According to it, for illegally restricting the right to drive a vehicle, an official, that is, a traffic police inspector, faces a fine of 20,000 rubles!

Any media is suitable for them. We send the complaint to a higher division of the traffic police or to the prosecutor's office at the place where the vehicle was stopped. And it’s better to duplicate it on the traffic police website... But, I hope, in most cases it won’t come to that. From my own experience I can say: the driver’s peace of mind, based on knowledge of regulations, will cool down overly zealous traffic police inspectors.

insurance policy of compulsory civil liability insurance of the vehicle owner in cases where the obligation to insure one’s civil liability is established by federal law.

In cases expressly provided for by current legislation, have and submit for inspection to employees of the Federal Service for Supervision of Transport a license card, waybill and shipping documents.

The car is inspected only in front of the owner-driver!

Often inspectors are concerned about the presence of a warning triangle, first aid kit, or fire extinguisher.

Here I would like to remind you: clause 2.1.1 of the traffic rules contains an exhaustive list of documents that the driver is required to present to the inspector - it does not contain any first aid kits, emergency signs or fire extinguishers.

For almost every driver, a pressing issue is their accumulated accident-free discount.

We hasten to inform you that the KBM coefficient is not reset when applying for an electronic motor vehicle policy, since when calculating the policy, all the same data is taken into account as with the usual traditional OSAGO. If you decide that it will be easier for you to pay in cash, be prepared that you will need to make a visit to the insurance company.

The traffic rules state that the driver is obliged to provide an MTPL insurance policy at the request of a police officer, but does not say in what situations the police have the right to demand to show the policy.

In connection with some changes that were made to the traffic rules, people more often began to ask the question of what documents to provide to the traffic police officer.

True, if you have some kind of bi-xenon or dimensions of an unacceptable color, then they can go to the impound lot - here technical equipment is not needed to detect a violation of the rules.

Most likely your LEDs are blue.

That's why I fuck it. s. You don’t have to show the certificate, you can send it straight away.

But you must have moonlight or white lighting fixtures.

After an accident, try not to move far from the place where the cars collided (if the situation allows, stop abruptly on the spot). “Location of collision” is the most important indicator influencing the determination of the culprit of an accident.

The location is recorded on the accident diagram, which the participants in the accident must sign. 2) Prepare a compulsory motor liability insurance policy and, while waiting for the traffic police officers, fill out the “Notification of an Accident”.

Your car was unexpectedly stopped on a country road, and the traffic police inspector, out of the blue, asks you to open the trunk to check its contents.

Can a traffic police officer stop a car to check documents? ... is an insurance policy for compulsory civil liability insurance.

Does the inspector have to prove that you broke the rules?

Yes maybe. But if this is the only reason for the stop, then the document check must be carried out exclusively at the traffic police post. (P.

For the traffic police, as for any other government organizations, e-OSAGO has full legal force. That is, no official, including a traffic police officer, can refuse to accept an electronic MTPL policy, citing the fact that there is no regular version. According to RSA representatives, there was only one precedent when an inspector issued a fine for electronic insurance. This decision was challenged in court.

Currently, at the request of a traffic police officer, you need to show a printout of the electronic policy. It can hardly be called a full-fledged document, but it is used in exactly the same way as a regular policy. More details about the mechanisms and methods for checking an electronic MTPL policy will be discussed below.

From a legal point of view, not every vehicle stop can be accompanied by a full documentation check. According to the law, traffic police officers may require you to provide an insurance policy when registering an accident, as well as when drawing up a protocol on the violation. The traffic rules (clause 2.1.1) states that the driver must present compulsory motor liability insurance when this is established by the relevant federal law.

Is it necessary to carry a paper policy with you?

The procedure for obtaining electronic insurance e-OSAGO allows you to receive a paper copy of the policy.

To purchase an electronic MTPL policy, you must select an insurer and go to its official website.
You need to register and create a personal account on the company’s website.
The account must be filled out by providing personal information.
The system will process the information received and, if there are no errors, indicate the cost of the policy.
OSAGO must be paid. Information on ways to do this can be found on the website.
After completing the procedure, a PDF file containing the policy, a copy of the payment receipt, a memo from the policyholder, and a list of representative offices will be sent to the owner’s email (it was indicated during registration).
The e-MTPL action will begin only the next day after payment. This is done so that fraudsters, in the event of an accident, cannot immediately apply for insurance.

In what cases is it necessary to present a compulsory motor liability insurance policy to the traffic police inspector?

Every stop by a traffic police representative makes you worry, but often the inspector only wants to check the driver’s documents.

A responsible motorist will not go on the road without checking the basic package of documents, but in a hurry, you may forget to take insurance with you. But is it necessary to present the MTPL policy to the traffic police inspector at all, or is the absence of the policy in the car acceptable, and the employee’s demand is illegal?

Is it necessary to present a policy to the traffic police inspector when stopped?

As the number of policyholders who have issued electronic MTPL increases, the topic of whether a traffic police officer has the right to check insurance does not lose its relevance. This is due to some inconsistencies in the legal norms that existed until recently. To understand the situation, you need to refer to the current legislation. In particular, Federal Law No. 40 contains a direct indication of the cases in which the policy is presented to the traffic police inspector:

When a traffic accident occurs.
Identification of cases of violation of existing traffic rules.
Upon termination of registration in relation to a specific transport unit.

Meanwhile, there is another rule, defined in the Traffic Rules, and mandatory for every driver operating a car on Russian roads. According to paragraph 2.1.1, an authorized employee of the State Traffic Inspectorate has the right to check documents, which is interpreted as the obligation of the motorist to submit the following package:

driver's license;
vehicle documentation;
compulsory car insurance policy.

The Rules clearly indicate the inspector’s right to demand and the driver’s obligation to present the specified list of papers.

It should be remembered that when checking compulsory motor liability insurance, the inspector will pay attention not only to its presence and reliability, but also to its validity period. The motorist who presented the insurance must be included in the list of persons allowed to drive, as well as have a valid license and be included in the policy if the car does not belong to him.

What to do if electronic compulsory motor liability insurance is issued?

With the introduction of new rules for issuing electronic auto insurance, different interpretations have emerged regarding the need to store e-OSAGO in printed form. Drivers offered to check the policy from a tablet or a photo on the phone, or look up the information in the database. Meanwhile, the parties are obliged to follow the provisions of the federal law, which requires the presentation of paper documentation for verification. In relation to an electronic policy, this means the need to store a printout of the file received from the auto insurer after completion of the compulsory motor liability insurance policy.

According to Art. 32 of the Law “On Compulsory Motor Liability Insurance”, a person must present an available document during inspection, even if it is issued electronically. To successfully complete the procedure, it is enough to have a printout.

For some time after the introduction of electronic insurance, traffic police inspectors may not have required the presentation of a document when checking the data in the database, however, the federal norm clarifies the eligibility of the requirements for the availability of a paper version of e-OSAGO.

What happens if you don’t hand over your insurance to a traffic police officer?

Taking out a policy does not mean that you should not carry it with you. Every time before going on the road, drivers are required to check the availability of the basic package of documentation for the car, driver and insurance. Failure to comply with this requirement entails administrative liability with the drawing up of a protocol on the offense, in accordance with paragraph 2 of Art. 12.3 Code of Administrative Offences. Currently, the motorist is not subject to such penalties as confiscation of the car to an impound lot or removal of license plates, without which further operation of the vehicle is impossible.

The only measure taken against the violator is the issuance of a fine set at 500 rubles. However, for the first time, the traffic inspector may limit himself to a verbal warning and verbal obligations to the motorist to immediately take out insurance.

Sometimes, when checking documents, it turns out that the car is driven by a person who is not included in the current insurance. In this case, the state traffic inspector has the right to issue a fine to both the driver and the car owner:

For providing a car to an unauthorized person without proper transfer of the right to drive and re-registration of compulsory motor liability insurance - for the owner of the vehicle.
For the absence of a mandatory document on car insurance - for the driver.

The OSAGO form has long become an integral part of the mandatory package of documents that a motorist must have. Even the presence of an electronic insurance option in 2019 does not eliminate the need to print and store a paper copy.