In what cases is the driver required to provide 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.

Do I have to show insurance to inspectors?

Good afternoon. In accordance with clause 2.1.1 of the Traffic Rules, approved by Decree of the Government of the Russian Federation of October 23, 1993 No. 1090, the driver of a motor vehicle is required to have with him and, at the request of police officers, hand over to them for verification: a driver’s license or temporary permit for the right 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.

Article 12.3 of the Code of Administrative Offenses of the Russian Federation provides for administrative liability for driving a vehicle by a driver who does not have with him the documents provided for by the Traffic Rules.

According to clause 63 of the Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation for the execution of the state function of control and supervision of compliance by road users with requirements in the field of ensuring road safety, approved by Order of the Ministry of Internal Affairs of Russia dated March 2, 2009 No. 185 (as amended on August 13, 2012), One of the grounds for an employee to stop a vehicle is to check 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).

Based on the meaning of clause 7 of Article 15 of the Federal Law “On compulsory civil liability insurance of vehicle owners” (OSAGO) dated April 25, 2002 No. 40-FZ, the insurance policy of compulsory civil liability insurance is a document certifying the implementation of compulsory insurance. However, the policy can at the same time be a document confirming the right to use the vehicle, since it indicates the persons authorized to drive it.

In cases where the owner of the vehicle has fulfilled the obligation to insure his civil liability, but at the time of the inspection the driver did not have an insurance policy, his actions should be qualified under Part 2 of Article 12.3 of the Code of Administrative Offenses of the Russian Federation. In this case, the driver bears administrative responsibility regardless of whether he drives the vehicle under a power of attorney, a rental agreement, or on another legal basis. (clause 6 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of October 24, 2006 N 18 “On some issues that arise for courts when applying the Special Part of the Code of the Russian Federation on Administrative Offenses” (with amendments and additions)

The above allows us to conclude that the demands of the traffic police officer, in the opinion of the RF Armed Forces, are within the framework of the law and are legal.

In addition, their right and your obligation are enshrined in clause 2.1.1 of the Traffic Regulations.

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.

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:

1. When a traffic accident occurs.
2. Identification of cases of violation of existing traffic rules.
3. 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:

1. 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.
2. 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.

When to show insurance

Good afternoon. In accordance with clause 2.1.1 of the Traffic Rules, approved by Decree of the Government of the Russian Federation of October 23, 1993 No. 1090, the driver of a motor vehicle is required to have with him and, at the request of police officers, hand over to them for verification: a driver’s license or temporary permit for the right 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 for compulsory civil liability insurance of the vehicle owner in cases where the obligation to insure one’s civil liability is established by federal law.

Article 12.3 of the Code of Administrative Offenses of the Russian Federation provides for administrative liability for driving a vehicle by a driver who does not have with him the documents provided for by the Traffic Rules.

According to clause 63 of the Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation for the execution of the state function of control and supervision of compliance by road users with requirements in the field of ensuring road safety, approved by Order of the Ministry of Internal Affairs of Russia dated March 2, 2009 No. 185 (ed.

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

dated 08/13/2012), one of the grounds for an employee to stop a vehicle is to check 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).

Based on the meaning of clause 7 of Article 15 of the Federal Law “On compulsory civil liability insurance of vehicle owners” (OSAGO) dated April 25, 2002 No. 40-FZ, the insurance policy of compulsory civil liability insurance is a document certifying the implementation of compulsory insurance. However, the policy can at the same time be a document confirming the right to use the vehicle, since it indicates the persons authorized to drive it.

According to traffic regulations, the driver is required to have a compulsory motor liability insurance policy with him. Traffic police fines for driving without insurance Essence: According to traffic regulations, the driver is required to carry with him and hand over to the police officers a compulsory motor liability insurance policy for verification. The amount of fines for driving without an insurance policy depends on the availability, validity of the policy, and the full name entered. Links to sources and clauses of the Traffic Regulations 2015, Code of Administrative Offenses: Traffic Rules of the Russian Federation, section 2, clause 2.1.1. Code of the Russian Federation on Administrative Offenses Art.

Do I have to show insurance to inspectors?

2.1.1.SDA The MTPL policy is established by law. The driver is obliged to transfer the insurance policy of compulsory civil liability insurance - MTPL to the owner of the vehicle in cases where the obligation to insure his civil liability is established by federal law.

403 - access denied

Code, and in cases provided for by law, a license card, waybill or shipping documents. Code of Administrative Offenses 12.37 part 1 Traffic police fine of 500 rubles, removal of license plates if the validity period of the compulsory motor liability insurance policy has not expired or the driver is not mentioned in it. Driving a vehicle - a vehicle during the period of its use, not provided for by the insurance policy of compulsory civil liability insurance of vehicle owners, and driving a vehicle in violation of the conditions stipulated by this insurance policy for driving this vehicle only by the drivers specified in this insurance policy: a fine of 500 rubles, prohibition of operating the vehicle with the removal of state registration plates.

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

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.

Important

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.

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

But on the other hand, since the car owner must always have a package of documentation with him, including insurance, there are no excuses not to show it. The traffic police has the right to stop cars to check documentation. Driving without insurance is subject to fines.

Attention

Every driver should know in what cases an insurance policy is provided to a traffic police officer. Checking e-insurance Previously, with such a requirement, the driver presented a stamped policy form. The employee will check the validity period and check the information with the VU.

Electronic insurance policy - what and when to present to the traffic police officer

At the insurance company's service, a form is filled out with information about the policyholder and the car, then a reconciliation is carried out, and the person receives a notification with a code to activate the account.
Then an agreement is selected where you can actually see how to use the electronic MTPL policy. After payment, the person is entered into the unified AIS RSA database, and the insurance document is sent by mail, which was included in the application. The form is printed. If desired, the printout can be certified with a seal at the company’s office. The whole process takes up to an hour. In what cases is provision required? First, you need to understand whether the driver is required to present the insurance policy to the traffic police officer. In accordance with the law, an employee has the right to request a vehicle license only when drawing up a report on a fine or an accident.

What should I present to the inspector if my compulsory motor insurance policy is issued electronically (online)?

1. During planned raids.
2. When drawing up a protocol.
3. In case of an accident.

In the first case, this is not enshrined in law, but, being aware of the peculiarities of the traffic police, it is still advisable to meet them halfway.
In addition, driving without a policy may result in a fine. For this reason, there are no special reasons not to present this paper. That is, you don’t always have the right to double-check your papers, so the question of whether a traffic police officer has the right to check your compulsory motor liability insurance will always be relevant.

Is it necessary to show insurance?

If an accident occurs, police officers will only require you to present your MTPL insurance policy, driver's license and vehicle registration certificate.
And, in response, they will give you a Certificate of Road Accident and a Decree on the Road Accident, which will indicate the person responsible for the accident and the damage to the vehicles involved. The insurance company will require a certificate describing the damage to you and a Decree from you if you have a CASCO insurance policy in order to repair your car. OSAGO partially covers your financial liability to some extent if you caused damage to someone else's car through your fault.
Being found at fault for an accident means that you will have to pay for repairs to someone else's car. If this is an inexpensive repair, then it will be fully covered by your MTPL insurance. And, your CASCO insurance covers the costs of repairing damage to your own car and in case of theft. It's fast and free! Table of contents:

• 1 What must be presented to the traffic police inspector
• 2 Responsibility for violating traffic rules

• 2.1 Purchasing a new car