What is the fine for driving without registering a car?
Punishment for driving an unregistered vehicle and whether they can be impounded for it
As motorists know, the owner of a vehicle is required to register it with the State Traffic Safety Inspectorate within 10 days from the date of purchase. The law allows driving a car without registration during this period, but in some cases, certain negative consequences may occur during these 10 days.
Users from different regions also report cases of unregistered vehicles being detained and moved to specialized impound lots. An analysis of publications on some automobile websites showed that auto lawyers often consider this to be legal. We also found allegations that the owner will definitely be punished for not up-to-date registration of a vehicle when he appears at the registration department. In this case, liability will arise under Part 1 of Article 12.1 of the Code of Administrative Offenses of the Russian Federation. We allow ourselves to disagree with this, but more on this a little further.
Naturally, there are situations when car owners simply do not have time to visit the registration department of the traffic police for various reasons (illness, being busy at work, vehicle malfunction, etc.). And not in all cases the prosecution of the owner for violating the deadlines for registering a vehicle will be legal and legitimate. We will also question the legality of seizing an unregistered vehicle and even explain why such actions will be illegal in most cases.
Let's sort it out in order.
Indeed, for driving a vehicle that is not registered in the established manner, liability is provided in the form of a fine in the amount of five hundred to eight hundred rubles (Part 1 of Article 12.1 of the Code of Administrative Offenses of the Russian Federation), and for repeated commission of such an offense (Part 1.1 of Article 12.1) even in the amount five thousand rubles or deprivation of the right to drive vehicles for a period of one to three months. In this case, the initially imposed fine can be paid at a discount, but the law does not provide a benefit for paying a fine for a similar repeated offense.
For the owner (holder) of a vehicle for violating the deadlines for registering a vehicle, the fine is provided for in Article 19.22 of the Code of Administrative Offenses and entails the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand rubles, on officials - from two thousand to three thousand five hundred rubles, and for legal entities - from five thousand to ten thousand rubles. Benefits for paying a fine under this article are not provided.
Is it possible to avoid a fine for driving an unregistered vehicle?
In certain situations it is possible.
As you know, registration of a vehicle with the traffic police is of an application nature. The owner of the vehicle is obliged, within the period established by law, to contact the registration department of the State Traffic Safety Inspectorate with an application to register the purchased vehicle accordingly, having paid the state fee for this action. However, registration may be refused. And there are several reasons for this. Let's give the main ones. A ban has been imposed on the vehicle from performing registration actions with it. This is an absolute basis for refusal to register. The ban may be due to various factors, one of which is even a banal debt on fines of the previous owner of the vehicle. Naturally, the new owner of the car is not liable for the debts of the previous owner, but he will not be able to register the car until the debt is paid off. Registration will also be refused if there are doubts about the authenticity (signs of forgery) of the vehicle identification numbers. In this case, the refusal will be given at least until the results of an auto technical examination are received, to which the traffic police officers will send the car owner. Further everything will depend on the results of the examination. However, in both the first and second cases, the car owner will miss the deadline established by law for registering the vehicle, which means he will face the corresponding administrative penalty. And this is where the fun begins.
Traffic rules, as well as other legal acts of the Russian Federation in the field of ensuring road safety, impose on owners the obligation to register the vehicles they own, but do not prohibit them from using them.
Responsibility for driving a vehicle not registered in the established manner, as well as for violating registration rules, is characterized by an intentional form of guilt, that is, it occurs only in cases where the established norms and rules were violated solely through the fault of the motorist.
Refusal to register a vehicle does not depend on the desire of the car owner and does not allow him to register the vehicle on time. This circumstance must be taken into account when deciding the guilt of the driver of the vehicle and bringing him to administrative responsibility established by law. Therefore, if you are accused of driving a vehicle that is not registered in the prescribed manner, and the owner is simply deprived of the opportunity to register the vehicle, inform the police officer about this before bringing you to justice, and if a decision to impose a punishment is nevertheless made, demand the drawing up of a protocol on administrative offense in which reflect your explanation in this regard. Then file a complaint against the decision imposing a fine within 10 days from the date of delivery of a copy of the decision.
Remember, most likely, a higher official or a court, when considering a complaint, will accept arguments about refusal to register a vehicle only if you provide them with the corresponding application that you submitted to the traffic police and which contains a written refusal of the inspector to carry out the registration action. You should not appeal with such an argument if information about the ban on performing a registration action was found on any website, but the owner of the vehicle (or his representative) did not contact the traffic police. Therefore, in any case, first contact the traffic police and then operate the vehicle. It is best to have the refusal application with you and carry it in your car to present it to the traffic police if necessary.
Is it possible for an owner to avoid a fine for violating registration rules?
As we indicated above, the owner of the vehicle is also responsible for failure to timely contact the traffic police with an application to register the vehicle. He is being held accountable under Part 1 of Article 19.22 of the Code of Administrative Offenses of the Russian Federation. However, he may well try to avoid punishment, even if there were no obstacles to registration. There are two ways to do this.
The first is to declare that the vehicle was in a faulty condition and could not be registered. The traffic police authorities register only those vehicles that comply with the established rules and requirements for their technical condition. If, when registering a car, the issue of bringing to justice is being decided, inform that the vehicle was purchased without headlights or glass, that is, it was faulty, which prevented its registration. Since such an offense is also characterized by an intentional form of guilt, this circumstance is the basis for releasing the owner from administrative liability provided for in Article 19.22 of the Code of Administrative Offenses of the Russian Federation.
Second way. Give someone a simple written power of attorney to register the vehicle and send this person to the traffic police in your place. The representative does not bear administrative responsibility for the guilty actions of the represented person and is not subject to prosecution instead of the owner of the vehicle. In order to punish the owner himself, traffic police officers will have to initiate a case against him, having previously notified him of prosecution. As practice shows, in 99 percent of cases, traffic cops do not bother to find the owner of the vehicle and simply let such cases slide. In addition, they do not have the right to demand that the representative deliver the owner to the traffic police and refuse the representative to register the car.
Can a vehicle not registered in the prescribed manner be detained and impounded?
An exhaustive list of grounds for detaining a vehicle is established by Article 27.13 of the Code of Administrative Offenses of the Russian Federation, among which there is no such basis for detention. However, if there are other reasons (than the lack of registration of the vehicle), it can be detained and moved to a specialized impound lot.
Is it legal to detain a vehicle whose registration has been terminated at the request of the previous owner, and the vehicle registration certificate and state registration plates have been canceled and put on the wanted list?
Termination of registration of a vehicle at the request of the previous owner is carried out in order to remove the vehicle from registration in the name of the previous owner. In this case, the vehicle registration certificate issued to the previous owner, as well as state registration plates transferred upon sale to the new owner, are canceled and put on the wanted list. However, these circumstances do not deprive or terminate the ownership rights of the new owner and are not grounds for detaining such a car.
Nevertheless, in practice there are cases when police detain cars whose registration certificate and license plates have been canceled and put on the wanted list. Police representatives motivate this by the fact that the new owner of the vehicle does not have a valid vehicle registration certificate (due to the cancellation of the previous one), and the absence of such a document serves as grounds for detaining the vehicle.
It would seem that everything is correct, if not for one “but...”.
A vehicle whose registration has been terminated at the request of the previous owner is no longer registered (since it has been cancelled) and therefore does not have a registration certificate. The new owner cannot have the certificate with him, since he did not register the car and was simply not given such a document.
Thus, seizing a vehicle with a canceled registration is illegal.
Lawyers of the Union “Car Owners of the Republic of Uzbekistan” already have positive judicial practice, which was formed as a result of protecting the rights of car owners on a similar issue.
If you still have questions that you have not found answers to in this article or on the website, please use the feedback form and stay tuned for updates. Relevant articles will be published on interesting or pressing issues.
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(“Car Owners of the Republic of Uzbekistan” - information and legal portal for car enthusiasts)
Driving without vehicle registration
Some drivers do not attach serious importance to the lack of registration of their car. Perhaps they consider this violation to be insignificant and are confident that in case of unforeseen situations they will be able to quickly solve the problem.
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In this article we will analyze in detail the legal requirements for car registration and what non-compliance with them can lead to.
Every motorist knows that under current legislation it is prohibited to operate a vehicle that is not registered with the traffic police, that is, does not have mandatory registration and state license plates.
Driving without registering a car is a violation of established traffic rules, which can lead to punishment including deprivation of your license and confiscation of the car.
The main set of laws and rules for motorists is the Code of Administrative Offenses, better known as the Code of Administrative Offenses of the Russian Federation.
To protect their rights, drivers need to familiarize themselves with Chapter 12 of the Code of Administrative Offenses of the Russian Federation, which specifies penalties for non-compliance with traffic rules. The first and mandatory step after purchasing a car is vehicle registration.
To register a vehicle, you must contact any traffic police department, bringing with you the following documents:
- Car purchase and sale agreement.
- Vehicle Passport (PVC).
- Vehicle owner's passport.
- Vehicle registration certificate (VRC) of the previous owner - in case of purchasing a used car.
During the process of registering a vehicle, traffic police officers put a mark in the PTS about the current owner of the car and issue a new STS. Typically, the registration procedure at the department does not take much time; depending on the queue, it can take from 1 to 3 hours.
To optimize your personal time, you can make an appointment through the State Services website with a choice of convenient parameters (day, time, address, etc.). A nice bonus for registering through the State Services website will be a 30% discount on state fees, i.e. you can save up to 845 rubles (at rates for 2019).
How many days from the date of purchase are given for registration?
According to the legislation in force in Russia, the new owner is obliged to register the vehicle within 10 calendar days (clause 3 of the Decree of the Government of the Russian Federation of August 12, 1994 N 938) after purchasing the car. The starting point is the date of the transaction specified in the purchase and sale agreement.
It is worth noting that to register your new car with the traffic police, it is not at all necessary to go to the traffic police department at your place of registration. You can carry out all the necessary procedures at any convenient branch of our country (for example, at your place of actual residence).
Branches, as a rule, have flexible working hours, and you can schedule the registration procedure even on a weekend.
Some “cunning” car enthusiasts, when purchasing a used car under a sales contract (without deregistration), ignore their obligation to re-register the vehicle, leaving the date in the contract open. In this case, fines for traffic violations will be sent to the previous owner.
After the 10-day period has expired, the previous owner has the right to apply to the traffic police with an application to deregister the vehicle and legally challenge the fines issued. In this case, the violator will have to pay fines for late vehicle registration and traffic violations.
Is it possible to drive without license plates and in what cases?
If a car is purchased new or already deregistered, it does not have a state registration number. The law prohibits driving a car without a license plate.
The exceptions are the following 2 situations:
- The car was recently purchased and has not yet been registered. In this case, the owner has the same 10-day period to register the car and obtain a permanent license plate.
- The car was purchased in one region of Russia for subsequent transportation and registration in another region. In this case, transit numbers are issued with a validity period of 20 days (Order of the Ministry of Internal Affairs of Russia dated November 24, 2008 N 1001 (as amended on March 20, 2017) “On the procedure for registering vehicles”).
For operating a car without license plates, a fairly severe penalty is provided: a fine of 5,000 rubles or deprivation of driving license for a period of one to three months (Article 12.1 of the Code of Administrative Offenses of the Russian Federation, clause 1.1) - at the discretion of the inspector.
Moreover, this punishment also applies to cases where one of the numbers is missing. It is important to always be vigilant and ensure that license plates are attached so as not to get into an unpleasant situation. Drivers often lose their license plates after driving for long periods on poor quality roads.
What is the fine for driving without registering a car?
Now about the fines. When stopping a vehicle, the traffic police inspector has the right to require the driver to present the following set of documents:
- Driver's license
- OSAGO policy
- STS.
If the driver does not have at least one document from this list with him or is missing at all, then the inspector has the right to issue a fine in accordance with Article 12.3. Code of Administrative Offenses of the Russian Federation.
Administrative penalties for driving a vehicle without a driver’s license and STS are the same and depend on the situation.
Options for administrative penalties:
A verbal warning as a punishment is used extremely rarely, since this requires a very loyal attitude of the inspector towards the driver.
Most often, a fine is issued, since this is one of the sources of replenishment of the state budget. As for the MTPL policy, its absence may lead to punishment.
Options for administrative penalties in the absence of a policy:
After drawing up the protocol, you can continue moving.
The 2019 power of attorney form for registering a car with the traffic police can be downloaded here.
How to behave with traffic police inspectors if you do not have documents
If you are stopped and do not have any documents with you, then it is advisable to behave respectfully and not enter into unnecessary disputes with the inspector.
It is necessary to take into account the fact that he has the right to impose a combined punishment at his discretion and emotional impression. For example, a fine and evacuation to a special parking lot.
If the inspector intends to seize and tow your car, then the following solutions are possible:
- You can always agree with the inspector about a temporary delay in presenting the necessary documents and ask friends or relatives to bring them to you.
- You can go and get the documents yourself, but you won’t be allowed to drive the vehicle and will have to get there by other means. To prevent the car from being seized in your absence, ask the inspector to record in the protocol a request not to evacuate the car within an hour to eliminate the violation.
If the documents are lost or missing at all, the car will be placed in a special parking lot until the violation is corrected.
In this case, you must remember that leaving a car in the impound lot is a paid service and, without proper haste, can significantly hit your budget.
Statute of limitations
After receiving a copy of the protocol from the traffic police inspector, the driver has 10 days to appeal the legality of its preparation. After this period, the resolution comes into force.
ARTICLE 31.9 of the Code of Administrative Offenses of the Russian Federation states that if an administrative penalty has not been executed within 2 years from the date of entry into force, then it is subject to cancellation.
In other words, the fine is canceled 2 years and 10 days after it was issued.
Some drivers have a desire to wait out this period and not pay fines at all, but everything is not so simple here and such an action, instead of saving money, can lead to additional financial losses.
What happens if you don't pay the fine?
Perhaps the driver has already forgotten about the violations; the report has been lying in the glove compartment for many weeks. For the first months after receiving the report, the car owner does not receive any demands to pay a fine, which can lead to some euphoria and the idea of not paying the fine at all.
You should not give in to such thoughts, since troubles usually begin three months after receiving the fine.
What does this period consist of:
- 10 days – period for appealing the decision;
- 60 days – period for repayment of the fine;
- 10 days is the period for transferring the case to bailiffs, who will seize the debtor’s funds or property to pay off the debt.
After receiving a letter from the bailiffs about the initiation of enforcement proceedings against him, the debtor has a 5-day period to repay the debt, after which the bailiffs have the right to begin searching for the debtor and seize his property or funds in bank accounts.
It is also possible to impose a ban on registration of the debtor’s car.
If the fine is small, then the likelihood that you will be wanted is also not high. But it’s easier to pay this insignificant amount and not test your luck. It is also worth remembering that at the time the case is transferred to the bailiffs, an additional order is issued regarding non-payment of the fine, and this time in double amount.
If a debtor evades payment of a fine, in some cases a penalty may be applied in the form of administrative arrest for 15 days, or correctional labor in the amount of 50 hours (Article 20.25 of the Code of Administrative Offences, clause 1).
In addition, as of January 2019, FEDERAL LAW DATED November 28, 2015 No. 340-FZ ST. 1, which allows bailiffs to suspend the validity of a driver’s license for a debt amount exceeding 10,000 rubles until the fine is paid in full.
Another unpleasant surprise could be a temporary ban on the debtor’s travel outside the Russian Federation. And with the 2-year statute of limitations, things are not so simple either. Clause 2 of Article 31.9 of the Code of Administrative Offenses of the Russian Federation states that the statute of limitations for fines can be suspended and recalculated from the moment the bailiffs discover the debtor or his property.
In other words, to evade paying a fine, it is not enough to “serve” two years; after a year and a half, the bailiffs begin to look for the debtor, and if discovered, the two-year period will begin again.
How to check the registration of a car with the traffic police after the sale, read here.
The list of documents in 2019 for registering a car with the traffic police by a legal entity is given in this publication.
Thus, it is easier to pay the fine and protect yourself from many problems in the future. In this case, it is advisable to keep a document confirming payment for at least two years; this may be useful if a case is erroneously initiated for non-payment of a fine. Unfortunately, cases of technical failures occur in any system.
Whatever your driving experience and behavior on the road, we recommend that you follow the established traffic rules and pay fines within the specified time limits. Good luck on the roads!
Video: Is it possible to drive without license plates? Auto-Summer.
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Driving a car without registration: what are the dangers?
Based on the traffic rules, any driver of a car or motorcycle must have with him and present to the traffic police inspector upon request the following documents:
- Driver license;
- Registration certificate;
- Insurance policy.
If at least one document is missing, a traffic police officer may impose administrative penalties in the form of a fine, deprivation of a driver’s license, and evacuation of the vehicle to an impound lot.
The owner of the car needs to register a vehicle with the State Traffic Inspectorate within 10 days. Sometimes vehicle owners do not have enough time to register or re-register a car with the traffic police within the allotted time for various reasons, and transit temporary license plates may expire. The fee for registering a car with the traffic police is about 2,000 rubles. Also in addition to this amount is a state duty of 800 rubles and a state duty for replacing the vehicle title if necessary, also about 800 rubles. We can help you register your car the first time, spending about 1–1.5 hours and without queues. We will assist in the correct and competent preparation of the necessary documents.
What are the dangers of driving without registration documents?
After purchasing a car, it must be registered with the traffic police. Up to 10 days are allocated for this. Whatever car you buy, new or used, you need to register it to the new owner. During these 10 days, you must have time to undergo a technical inspection and insure the car. If it happens that you do not do this within the allotted time, there may be unpleasant consequences in the form of a fine for delay in the amount of 500 to 2000 rubles established by Article 12.1 of the Administrative Code. If such an offense is repeated, the fine will increase to 5,000 rubles, and they may also be deprived of their rights for a period of 3 months.
Driving a motorcycle without registration
Many people prefer motorcycles, as they are more convenient to move around the city without congestion on the roads. But a motorcycle, like any other vehicle, must also be registered with the traffic police within 7-10 days. If this is not done, a fine in the amount of 800 to 2000 rubles is expected, based on the number of days overdue.
Penalty parking as a measure to prevent the use of a car without registration
Such an administrative penalty is provided for in Article 12.3 - operating a vehicle without documents and also involves removing the driver from using the car and placing him in an impound lot. In this case, the traffic police inspector draws up a protocol indicating the essence of the offense, information about the owner of the car, the reasons for the violation, the exact time and date. This protocol is signed by the traffic police officer and the driver. In order to pick up your car from the impound lot, you must register the vehicle with the traffic police as quickly as possible, and also collect a package of documents to present to the impound lot employees: driver’s license, registration certificate, certificate from the traffic police and an insurance policy. And pay the fine within one month.
But there are exceptions when operating a vehicle without a registration certificate and without an insurance policy is permitted in the following cases:
- During the first 10 days after purchasing the vehicle;
- And when using temporary license plates. No more than 21 days allowed;
- According to the car purchase agreement, but not more than 10 days.
After this time, in any case, the vehicle cannot be used and it is necessary to register the car with the traffic police, otherwise the driver will face administrative punishment in the form of a fine or seizure of the car.
Driving under a car purchase and sale agreement
An important and frequently asked question is the question of driving without license plates under a sales contract. In this case, you are allowed to use the car, but no more than 10 days, after which you must re-register the car in your name. If you treat this in bad faith and continue to drive without registering, then letters from the traffic police and fines will be sent to the former owner, and he will have to pay for them. In this case, you need to contact the new owner and demand that the car be registered in your name, or contact the traffic police and remove your former car from registration.
Driving a car or motorcycle without registration: all about the fine for this
It is possible that a car owner gets behind the wheel and forgets to take his documents with him. As a result, the traffic police officer has every right to issue the appropriate fine. As you know, the driver must have a registration certificate when driving a car or motorcycle. In this article we will tell you everything about the fine for driving without registering a car or motorcycle, as well as in what cases you should not be afraid of a monetary penalty.
The procedure for registering a vehicle is mandatory and provided for by the legislation in force in our country. The owner of a registered vehicle receives an appropriate certificate and license plates. And also, the driver of a registered vehicle or motorcycle must have a PTS - a vehicle passport containing information about the owner, which is entered during the purchase of the car.
In what cases is driving a vehicle without registration permitted?
A registration certificate is a document that confirms the right to drive a car or motorcycle. The car owner receives it in his hands after the procedure for registering the vehicle has been carried out. According to the requirements of traffic regulations in force in the Russian Federation, a person driving a car is required to carry a vehicle registration certificate along with a list of other required documents. If, at the first request of a traffic police officer, the driver is not able to show the registration document, a fine will follow for driving without a vehicle, as provided for in the relevant article of the Code of Administrative Offenses.
With all this, there are some exceptions, due to which driving without a vehicle registration certificate will not entail a fine. So, driving a car without STS is allowed in the following cases:
- Within 10 days from the date of purchase of the vehicle and execution of the relevant documents. Before the end of this period, it is necessary for the new owner of the car to register it. If he does not register the vehicle, the traffic police officer has every right to resort to sanctions.
- Before the expiration of temporary “transit” license plates. According to the rules, a vehicle with transit numbers assigned to it is allowed to be driven without a registration certificate. The period for which such numbers are issued, as a rule, does not exceed 20 days, after which the vehicle must be registered.
But all of the above does not mean that you can drive a vehicle without documents. While the STS is not available, the driver is required to carry a PTS with him, which must be presented to a traffic police officer if necessary. In all other cases that are not provided for by the current traffic rules, a car owner who drives a vehicle without the appropriate documents will face an appropriate penalty in the form of a monetary penalty and/or placing the vehicle in a special parking lot.
What measures can be taken against a driver for not having an STS?
Driving a car without a registration certificate is an administrative offense that can cost the driver a simple warning. But much more often they issue a fine for driving without registering a vehicle in the amount of 500 to 800 rubles. The amount of the monetary penalty is determined by the representative of the law on an individual basis and is largely guided by the reasons why the document is not available.
A person driving a vehicle may lack STS due to a variety of circumstances. Most often, law enforcement officials hear the following:
- the car owner, due to his forgetfulness, left the certificate at home;
- the document may be forgotten in another place (for example, during a vacation);
- the registration certificate has been lost, but the restoration procedure has not been completed;
- a relative or friend let you drive a car, forgetting that you need to leave a registration document;
- The STS is registered in the name of one of the spouses, while the vehicle is used in turn.
And also very often, drivers, realizing that they cannot drive without a driver’s license, simply ignore the need to have an STS, which is a big mistake and a reason for litigation with the inspector. Depending on the circumstances, the fine for this seemingly minor violation may be as follows:
- If the reason for the lack of registration is temporary and the driver has provided a sane explanation, the inspector may limit himself to a verbal warning.
- If, however, in the opinion of the traffic police officer, the owner of the car deserves a fine, its amount will be 500 rubles.
- If, in addition to the STS, there is no other mandatory document, the amount of collection will increase to 1000 rubles.
Among other things, the relevant article of the Code of Administrative Offenses clearly states what fine for driving without registering a car faces the person driving the car if he repeatedly fails to provide registration documents to the traffic police officer. This is considered a repeated offense, and now the fine for it increases to 5,000 rubles. In addition, the inspector, at his discretion, may apply an alternative punishment to the driver, namely deprivation of the right to drive a vehicle for a period of one to three months.
Another reason for imposing penalties may be a violation of the rules for obtaining a registration certificate. In this case, the amount of the fine may vary and is:
- for individuals this amount will be from 1000 to 2000 rubles;
- legal entities will have to part with an amount from 5,000 to 10,000 rubles;
- for persons responsible for permitting vehicles to operate - from 2000 to 3500 rubles.
Penalty parking as a measure to prevent driving without registration
In addition to the fact that the owner will have to pay a fine for an unregistered motorcycle or car, they may be placed in a specialized parking lot. Thus, the driver who violated the rules is removed from driving a car or motorcycle until the circumstances of the violation are clarified or its causes are eliminated. The law stipulates that the vehicle must be sent to an impound lot, which is located as close as possible to the place where the offense was discovered.
In the process of detaining a vehicle, a traffic police officer must draw up a protocol indicating the following data:
- date, time and place of discovery of the violation;
- the essence of the violation that caused the seizure of the vehicle;
- information about the detained vehicle and the driver who was caught violating traffic rules;
- the person who directly drew up the protocol (indicating his full name and position).
After drawing up the protocol, the driver has every right to refuse to sign it. In this case, the inspector is obliged to put a corresponding mark in the document.
The owner will be allowed to pick up a motorcycle or motor vehicle from the territory of a specialized parking lot only after he has eliminated the reason for its arrest. That is, in this case it is necessary to register a car or motorcycle. A certificate that the vehicle is registered must be provided to the traffic police officer, after which you will still have to pay a fine for an unregistered vehicle. Next, the standard procedure for returning the vehicle is carried out, but this is the topic of another article.
Punishment for driving an unregistered vehicle and whether they can be impounded for it
As motorists know, the owner of a vehicle is required to register it with the State Traffic Safety Inspectorate within 10 days from the date of purchase. The law allows driving a car without registration during this period, but in some cases, certain negative consequences may occur during these 10 days.
Users from different regions also report cases of unregistered vehicles being detained and moved to specialized impound lots. An analysis of publications on some automobile websites showed that auto lawyers often consider this to be legal. We also found allegations that the owner will definitely be punished for not up-to-date registration of a vehicle when he appears at the registration department. In this case, liability will arise under Part 1 of Article 12.1 of the Code of Administrative Offenses of the Russian Federation. We allow ourselves to disagree with this, but more on this a little further.
Naturally, there are situations when car owners simply do not have time to visit the registration department of the traffic police for various reasons (illness, being busy at work, vehicle malfunction, etc.). And not in all cases the prosecution of the owner for violating the deadlines for registering a vehicle will be legal and legitimate. We will also question the legality of seizing an unregistered vehicle and even explain why such actions will be illegal in most cases.
Let's sort it out in order.
Indeed, for driving a vehicle that is not registered in the established manner, liability is provided in the form of a fine in the amount of five hundred to eight hundred rubles (Part 1 of Article 12.1 of the Code of Administrative Offenses of the Russian Federation), and for repeated commission of such an offense (Part 1.1 of Article 12.1) even in the amount five thousand rubles or deprivation of the right to drive vehicles for a period of one to three months. In this case, the initially imposed fine can be paid at a discount, but the law does not provide a benefit for paying a fine for a similar repeated offense.
For the owner (holder) of a vehicle for violating the deadlines for registering a vehicle, the fine is provided for in Article 19.22 of the Code of Administrative Offenses and entails the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand rubles, on officials - from two thousand to three thousand five hundred rubles, and for legal entities - from five thousand to ten thousand rubles. Benefits for paying a fine under this article are not provided.
Is it possible to avoid a fine for driving an unregistered vehicle?
In certain situations it is possible.
As you know, registration of a vehicle with the traffic police is of an application nature. The owner of the vehicle is obliged, within the period established by law, to contact the registration department of the State Traffic Safety Inspectorate with an application to register the purchased vehicle accordingly, having paid the state fee for this action. However, registration may be refused. And there are several reasons for this. Let's give the main ones. A ban has been imposed on the vehicle from performing registration actions with it. This is an absolute basis for refusal to register. The ban may be due to various factors, one of which is even a banal debt on fines of the previous owner of the vehicle. Naturally, the new owner of the car is not liable for the debts of the previous owner, but he will not be able to register the car until the debt is paid off. Registration will also be refused if there are doubts about the authenticity (signs of forgery) of the vehicle identification numbers. In this case, the refusal will be given at least until the results of an auto technical examination are received, to which the traffic police officers will send the car owner. Further everything will depend on the results of the examination. However, in both the first and second cases, the car owner will miss the deadline established by law for registering the vehicle, which means he will face the corresponding administrative penalty. And this is where the fun begins.
Traffic rules, as well as other legal acts of the Russian Federation in the field of ensuring road safety, impose on owners the obligation to register the vehicles they own, but do not prohibit them from using them.
Responsibility for driving a vehicle not registered in the established manner, as well as for violating registration rules, is characterized by an intentional form of guilt, that is, it occurs only in cases where the established norms and rules were violated solely through the fault of the motorist.
Refusal to register a vehicle does not depend on the desire of the car owner and does not allow him to register the vehicle on time. This circumstance must be taken into account when deciding the guilt of the driver of the vehicle and bringing him to administrative responsibility established by law. Therefore, if you are accused of driving a vehicle that is not registered in the prescribed manner, and the owner is simply deprived of the opportunity to register the vehicle, inform the police officer about this before bringing you to justice, and if a decision to impose a punishment is nevertheless made, demand the drawing up of a protocol on administrative offense in which reflect your explanation in this regard. Then file a complaint against the decision imposing a fine within 10 days from the date of delivery of a copy of the decision.
Remember, most likely, a higher official or a court, when considering a complaint, will accept arguments about refusal to register a vehicle only if you provide them with the corresponding application that you submitted to the traffic police and which contains a written refusal of the inspector to carry out the registration action. You should not appeal with such an argument if information about the ban on performing a registration action was found on any website, but the owner of the vehicle (or his representative) did not contact the traffic police. Therefore, in any case, first contact the traffic police and then operate the vehicle. It is best to have the refusal application with you and carry it in your car to present it to the traffic police if necessary.
Is it possible for an owner to avoid a fine for violating registration rules?
As we indicated above, the owner of the vehicle is also responsible for failure to timely contact the traffic police with an application to register the vehicle. He is being held accountable under Part 1 of Article 19.22 of the Code of Administrative Offenses of the Russian Federation. However, he may well try to avoid punishment, even if there were no obstacles to registration. There are two ways to do this.
The first is to declare that the vehicle was in a faulty condition and could not be registered. The traffic police authorities register only those vehicles that comply with the established rules and requirements for their technical condition. If, when registering a car, the issue of bringing to justice is being decided, inform that the vehicle was purchased without headlights or glass, that is, it was faulty, which prevented its registration. Since such an offense is also characterized by an intentional form of guilt, this circumstance is the basis for releasing the owner from administrative liability provided for in Article 19.22 of the Code of Administrative Offenses of the Russian Federation.
Second way. Give someone a simple written power of attorney to register the vehicle and send this person to the traffic police in your place. The representative does not bear administrative responsibility for the guilty actions of the represented person and is not subject to prosecution instead of the owner of the vehicle. In order to punish the owner himself, traffic police officers will have to initiate a case against him, having previously notified him of prosecution. As practice shows, in 99 percent of cases, traffic cops do not bother to find the owner of the vehicle and simply let such cases slide. In addition, they do not have the right to demand that the representative deliver the owner to the traffic police and refuse the representative to register the car.
Can a vehicle not registered in the prescribed manner be detained and impounded?
An exhaustive list of grounds for detaining a vehicle is established by Article 27.13 of the Code of Administrative Offenses of the Russian Federation, among which there is no such basis for detention. However, if there are other reasons (than the lack of registration of the vehicle), it can be detained and moved to a specialized impound lot.
Is it legal to detain a vehicle whose registration has been terminated at the request of the previous owner, and the vehicle registration certificate and state registration plates have been canceled and put on the wanted list?
Termination of registration of a vehicle at the request of the previous owner is carried out in order to remove the vehicle from registration in the name of the previous owner. In this case, the vehicle registration certificate issued to the previous owner, as well as state registration plates transferred upon sale to the new owner, are canceled and put on the wanted list. However, these circumstances do not deprive or terminate the ownership rights of the new owner and are not grounds for detaining such a car.
Nevertheless, in practice there are cases when police detain cars whose registration certificate and license plates have been canceled and put on the wanted list. Police representatives motivate this by the fact that the new owner of the vehicle does not have a valid vehicle registration certificate (due to the cancellation of the previous one), and the absence of such a document serves as grounds for detaining the vehicle.
It would seem that everything is correct, if not for one “but...”.
A vehicle whose registration has been terminated at the request of the previous owner is no longer registered (since it has been cancelled) and therefore does not have a registration certificate. The new owner cannot have the certificate with him, since he did not register the car and was simply not given such a document.
Thus, seizing a vehicle with a canceled registration is illegal.
Lawyers of the Union “Car Owners of the Republic of Uzbekistan” already have positive judicial practice, which was formed as a result of protecting the rights of car owners on a similar issue.
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