Is it possible to drive without compulsory motor insurance for 10 days?

How long can you drive without an MTPL insurance policy in 2019?

When purchasing a vehicle, the driver must take care of completing the necessary documents. We are talking about the MTPL insurance policy. If you ignore this point, the car owner will be forced to pay a fine. However, the legislation of the Russian Federation establishes a period during which drivers can legally operate a car without insurance.

What the law says

According to current legislation, all vehicle drivers must have an insurance policy. If a traffic police officer leaves the car and its owner cannot present this document, a fine will be issued. Punishment can be avoided only in one case - if the driver has owned the car for less than 10 days and has not yet taken out a policy. However, the right to own a vehicle must be obtained through:

1. Entry into inheritance.
2. Purchasing a vehicle at a car dealership.
3. Purchasing a used car.
4. Deed of gift.

Punishment for driving without compulsory motor liability insurance

If a driver drives without insurance for more than 10 days after purchasing a car, then the law provides for punishment depending on the circumstances:

1. The MTPL policy was issued, but the driver forgot to take it with him or lost it. The traffic police inspector will issue a fine of 500 rubles. Monetary collection can be avoided if one of the relatives brings the document to the owner of the car.
2. The MTPL policy has been issued, but the owner of the vehicle is not listed on it. Punishment: fine in the amount of 500 rubles.
3. The period of use of the insurance policy has come to an end, but the validity period has not expired. Punishment: fine in the amount of 500 rubles.
4. The insurance policy has expired and so has the validity period. Punishment: fine in the amount of 800 rubles.

In the policy itself you can see that it is valid for one year. If the driver does not intend to operate the vehicle throughout this entire time, then it is enough for him to pay for the period during which he will drive the car.

According to current legislation, a traffic police officer cannot impose a punishment on a driver that is not included in the above list.

Why is it better to hurry with insurance?

As mentioned above, you can drive a newly purchased car without insurance for 10 calendar days. However, it is best to take care of taking out a compulsory motor liability insurance policy in advance, since no one is insured against an accident.

There are a number of reasons why it is better not to delay obtaining a policy:

1. If an accident occurs and the driver of the vehicle does not have insurance, then by law he is obliged to reimburse all expenses.
2. If the driver of the vehicle does not have insurance, and he is at fault for the accident that occurred, then he will have to pay a considerable amount to restore both his car and the cars of other participants in the accident.
3. Any traffic police inspector can stop the driver at the post and demand to explain why there is no compulsory motor liability insurance policy. He does not have the right to issue a fine if the deadlines are met, but the owner of the vehicle will have to spend time each time voicing the reasons and presenting documents.
4. All road accidents are processed according to the Euro protocol, but if the driver does not have an insurance policy, then this is impossible. You will have to call a safety inspection to the scene of the accident.
5. Many advanced photographic cameras have been installed in cities. They allow you to identify drivers who do not have a compulsory motor liability insurance policy. The owner of the vehicle will receive a fine by mail, since the equipment is not aware of some of the nuances and exceptions established by law. To challenge the fine received, you will need to contact the authorities and write a statement, which will take time.

As a result, delaying the registration of a compulsory motor liability insurance policy is not economically profitable.

How to drive a car for more than 10 days after purchasing it without breaking the law

At the moment, many drivers refuse to take out an MTPL policy, which is due to the following points:

• you will have to pay a lot for insurance;
• In the event of an accident, the amount of compensation for damage will not be full.

Because of these reasons, drivers prefer to pay a fine issued by a traffic police inspector rather than take out a compulsory motor liability insurance policy.

Some drivers are cunning, which allows them to legally drive a vehicle after 10 days without having a compulsory motor liability insurance policy. Each time they draw up a new sales contract and fictitiously transfer ownership of their car to a relative or friend. The legislation of the Russian Federation does not establish a rule that would prohibit the purchase and sale of a vehicle, so drivers actively use this method to avoid punishment.

Security measures

Although the law provides for driving a vehicle without a compulsory motor liability insurance policy within ten days after its purchase, some drivers want to protect themselves from negative consequences.

To do this, just read the following recommendations:

1. Always have with you a document on the basis of which the driver has the right to own the vehicle.
2. Do not argue with traffic police officers, even if the driver thinks he is in the right.
3. Make a printout of the law on compulsory motor liability insurance so that you can present it to the inspector at any time.
4. Get temporary insurance.

Driving without a compulsory motor liability insurance policy for 10 days

Is it possible to drive for 10 days without an MTPL policy after purchasing a vehicle? A very common question. The Supreme Court in its Decision indicated that driving without a compulsory motor liability insurance policy in this case is legal.

Legislation

In accordance with the traffic rules, the driver is required to have a compulsory motor liability insurance policy only if such an obligation is established by Federal law.

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:

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 accordance with Federal Law of the Russian Federation No. 40 of April 25, 2002 “On compulsory insurance of civil liability of vehicle owners,” when the right to own a vehicle arises, the driver is required to insure his liability within 10 days.

Article 4. Obligation of vehicle owners for civil liability insurance

2. When the right to own a vehicle arises (acquiring ownership of it, receiving it for economic or operational management, etc.), the owner of the vehicle is obliged to insure his civil liability before registering the vehicle, but no later than ten days after the right to own it arises .

Thus, the driver has the right to drive a vehicle within 10 days after purchase without issuing an MTPL policy.

And, by the way, not only after acquisition of ownership, but also when another right of ownership of the vehicle arises, for example, receiving the vehicle for operational management.

Supreme Court decision

On April 17, 2012, the Supreme Court issued Decision No. AKPI12-205. The applicant referred to the contradiction between paragraph 2.1.1 of the traffic rules and Federal Law No. 40 of April 25, 2002 “On compulsory insurance of civil liability of vehicle owners.” That's what the Supreme Court said.

The applicant’s reference to the contradiction of paragraph 2.1.1 of the Rules with Federal Law No. 40 “On compulsory insurance of civil liability of vehicle owners” dated April 25, 2002 is untenable. Clause 2 of Article 4 of this Federal Law obliges the owner of a vehicle to insure his civil liability before registering the vehicle, but no later than ten days after the right to own it arises. Consequently, before the expiration of the ten-day period allotted to the owner of the vehicle for concluding a civil liability insurance contract, the driver of such a vehicle has the right to drive it without an appropriate insurance policy , which directly follows from the contested norm of the Rules, which provides for the driver’s obligation to carry this insurance policy with him only in cases established by federal law.

Conclusion

Do not forget that if you drive without an MTPL policy, responsibility for any possible damage lies with you. It is also worth considering taking out a voluntary insurance policy DAGO/DSAGO. A voluntary insurance policy is inexpensive, while expanding the payment limit to several hundred thousand or even millions of rubles.

How many days can you drive without insurance under a sales contract in 2019?

When buying a car, you must clearly know all the traffic rules, as well as related legislation regulating the rules of driving a vehicle and the sanctions for violating them. The most common topic for motorists is general civil liability, so today we decided to discuss the new rules for driving without compulsory motor insurance with a purchase and sale agreement.

How many days can you drive without MTPL insurance under a sales contract in 2019?

You have been planning to purchase a car for a long time and now an advertisement has been found and a meeting place has been set. As soon as all the documents and keys are in your possession and the money is transferred to the seller, you become the owner of the vehicle.

But in order to become a full-fledged owner, you need to register the car in the manner prescribed by law, and for this you will need insurance issued for the new owner - for you. This means that after the purchase, you need to apply for compulsory motor liability insurance.

According to Federal Law No. 40-FZ dated April 25, 2002, the owner of a vehicle is obliged to insure his civil liability before registering the car, but no later than 10 days from the moment the right to own it arises.

When the right to own a vehicle arises (acquiring ownership of it, receiving it for economic or operational management, etc.), the owner of the vehicle is obliged to insure his civil liability before registering the vehicle, but no later than ten days after the right to own it arises. (as amended by Federal Law dated July 1, 2011 N 170-FZ).

Part 2 art. 4 of the Federal Law of April 25, 2002 No. 40-FZ

But in this law there is nothing about driving this vehicle, therefore, we can say that you cannot drive without insurance. But, according to the high-profile case of the driver from Yoshkar-Ola, the Supreme Court gave some clarification regarding this issue.

The applicant’s reference to the contradiction of paragraph 2.1.1 of the Rules with the Federal Law of April 25, 2002 N 40-FZ “On compulsory insurance of civil liability of vehicle owners” is untenable. Clause 2 of Article 4 of this Federal Law obliges the owner of a vehicle to insure his civil liability before registering the vehicle, but no later than ten days after the right to own it arises. Consequently, before the expiration of the ten-day period allotted to the owner of the vehicle for concluding a civil liability insurance contract, the driver of such a vehicle has the right to drive it without an appropriate insurance policy, which directly follows from the contested norm of the Rules, which provides for the driver’s obligation to carry this insurance policy with him only in cases established by federal law.

Decision of the Supreme Court of the Russian Federation dated April 17, 2012 N AKPI12-205.

This means, based on this decision, we conclude that driving a vehicle within 10 days from the date of purchase of the car without insurance is possible.

But do not forget that during this period an accident may occur, and then all responsibility for the damage caused will fall on your shoulders.

Is it possible to drive without an MTPL insurance policy when buying a new car?

What if a car enthusiast decides to buy a car at a car dealership? In this case, the period allotted for registration of compulsory motor liability insurance is also 10 days, but the salon often imposes insurance on the spot. In addition to general civil liability, they offer, but more often “on the sly” they assign you a CASCO policy, and this significantly affects the final amount.

Remember, you always have the right to refuse insurance at a car dealership and apply for compulsory motor liability insurance in any other place. If an official dealer imposes a policy on you or says that you cannot drive on the roads without insurance, then you can safely refuse the purchase, since in this place everything is aimed at selling products and legal regulations are not at all important.

It is necessary to note the fact that if you are registered in another city, and the journey to it is more than 10 days, then on the day of purchase you can take out temporary insurance for 20 days so that the driver can get to the destination.

I would like to summarize - regardless of how you purchased the car, the time frame for purchasing a general liability policy is 10 days. If you don’t want to spend extra money on insurance, then in this case there is a loophole that allows you to drive without insurance for a certain amount of time. To do this, you need to rewrite the purchase and sale agreement every 10 days and change the date of purchase. But this method is dangerous because:

The car will be registered to the previous owner.

Fines will be sent to the previous owner.

In case of an accident, you will have to pay for the damages from your own pocket.

Therefore, my advice to you is not to delay the registration of compulsory motor liability insurance, as they say, the miser pays twice.

Driving without compulsory motor insurance after purchasing a car

Good afternoon, dear reader.

In this article, I propose to consider a rather interesting situation, which not all drivers and traffic police officers interpret correctly.

Let's assume that driver Ivan Ivanovich purchased a vehicle and then decided to drive it to his home.

As you know, it currently takes 10 days to register a vehicle. However, with an MTPL policy, everything is not so obvious.

Today we will talk about whether it is possible to drive without insurance within 10 days after purchasing a car and whether driving without compulsory motor insurance will result in the imposition of fines by the traffic police.

Let's consider the points of regulatory documents affecting driving a car without a compulsory insurance policy:

1. Code of Administrative Offenses

The punishment for lack of compulsory motor liability insurance is regulated by Article 12.37 of the Code of Administrative Offenses:

Article 12.37. Failure to comply with the requirements for compulsory civil liability insurance of vehicle owners
.
2. Failure by the owner of a vehicle the obligation established by federal law to insure his civil liability, as well as driving a vehicle, if such compulsory insurance is known to be absent, -

shall entail the imposition of an administrative fine in the amount of eight hundred rubles.

So, a fine can only be imposed if the driver ignored the obligation established by federal law. Let's figure out at what point after purchasing a car such an obligation arises: immediately or after 10 days.

2. Federal Law “On Compulsory Motor Liability Insurance”

Federal Law “On compulsory civil liability insurance of vehicle owners”, Chapter 2, Article 4, paragraph 2:

2. When the right to own a vehicle arises (acquiring ownership of it, receiving it for economic or operational management, etc.), the owner of the vehicle is obliged to insure his civil liability before registering the vehicle, but no later than ten days after the right to own it arises .

Thus, the driver is given 10 days .

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

• an insurance policy of compulsory civil liability insurance of the owner of a vehicle or information printed on paper about the conclusion of a contract of such compulsory insurance in the form of an electronic document in cases where the obligation to insure one’s civil liability is established by federal law .

That is, the traffic rules also refer to the law “On Compulsory Motor Liability Insurance” discussed above, which allows you to drive without insurance for up to 10 days when purchasing a car.

Let's sum up the intermediate results. Neither the traffic rules nor the code of administrative offenses mention a period of 10 days during which you can drive without a compulsory motor liability insurance policy. It is this point that causes misunderstanding among most drivers. The Law “On Compulsory Motor Liability Insurance” is open to only a few car owners. The rest prefer to purchase a compulsory motor liability insurance policy immediately after purchasing a car.

4. Supreme Court decision on purchasing insurance

Additional confirmation that a fine cannot be imposed for the absence of compulsory motor insurance during the first 10 days of owning a car is the decision of the Supreme Court of the Russian Federation dated April 17, 2012 N AKPI12-205:

The applicant’s reference to the contradiction of paragraph 2.1.1 of the Rules with the Federal Law of April 25, 2002 N 40-FZ “On compulsory insurance of civil liability of vehicle owners” is untenable. Clause 2 of Article 4 of this Federal Law obliges the owner of a vehicle to insure his civil liability before registering the vehicle, but no later than ten days after the right to own it arises. Consequently, before the expiration of the ten-day period allotted to the owner of the vehicle for concluding a civil liability insurance contract, the driver of such a vehicle has the right to drive it without an appropriate insurance policy , which directly follows from the contested norm of the Rules, which provides for the driver’s obligation to carry this insurance policy with him only in cases established by federal law.

Thus, the period for registration of compulsory motor liability insurance after purchasing a car is 10 days . During this period, the traffic police has no right to punish the driver for lack of insurance.

In conclusion, I would like to note that at the time of contacting the traffic police to register a car, the driver must have a valid insurance policy. In practice, some drivers, in order to save money, buy compulsory motor liability insurance, which begins to operate only on the 11th day of owning the car. However, such insurance cannot be used for registration in the first 10 days. And if you miss the deadline for contacting the traffic police, a fine will be imposed for violating the terms of insurance.

How long can you drive without compulsory motor liability insurance in 2019?

From July 1, 2017, the rules of the law on compulsory motor liability insurance have changed. The new rules cancel the deferment for re-issuing an expired policy and require car owners to insure their civil liability within 10 days after purchasing the vehicle. To avoid getting a fine, you need to know exactly when and how long you can drive without compulsory motor insurance. We have grouped the information and compiled a memo for drivers, which took into account all the nuances.

How long does it take to get insurance when buying a new car?

After purchasing a vehicle, it should be insured and registered with the traffic police.

The Federal Law on Compulsory Motor Liability Insurance dated April 25, 2002 N 40-FZ has been amended several times. The latest edition came into force on July 1, 2017. It says: if a person bought a car, he must insure it within 10 calendar days.

The date of purchase is specified in the purchase and sale agreement. It is from this number that time is required to be counted. While the documents are being prepared, it is advisable for the driver to carry the DCP with him and present it along with his driver’s license when checking on the road.

When purchasing a car at a dealership, you have the opportunity to receive compulsory motor insurance immediately. There are always insurance company consultants in stores, with whom it is easy to conclude an agreement. The buyer has the right to refuse the service and take out a policy in another place within the period of time established by law.

The cost of compulsory insurance is affected by:

type of vehicle;

for what purposes will the car be used;

owner's driving experience;

To apply for a policy, individuals must prepare:

passport of a citizen of the Russian Federation;

driver's licenses of people who need to be included in the MTPL;

Is it possible to drive a car with expired insurance?

The insurance is valid for a certain period. Most often, compulsory motor liability insurance is issued for 1 year. Previously, 30 calendar days were allocated for re-registration. The grace period has now been cancelled. The policy becomes invalid immediately upon termination of the contract with the insurance company.

In order not to violate the law, the motorist should clearly remember the date of the agreement. He must contact the insurance company at least one day before the expiration of the compulsory motor liability insurance period.

You can calculate and reissue your policy online on the official website of many insurance companies. The sequence of actions is simple:

You need to register on the site.

Calculate the cost of the policy using an online calculator.

Pay for the purchase with a bank card.

Receive supporting documents and insurance by email.

The buyer does not need to certify the policy with a seal. The electronic version is the original OSAGO.

On February 15, 2018, the Central Bank of the Russian Federation issued Decree No. 4723-U. The regulator has made changes to the requirements for the use of electronic documents for civil liability insurance. Now e-MTPL comes into force 3 days after registration, so bank employees recommend paying for the purchase in advance.

You can apply for a car title for a new car only at the office of the insurance company. It is impossible to obtain the document electronically, since the vehicle data has not yet been entered into the unified OSAGO database.

When can you drive without insurance?

Federal Law No. 40-FZ of April 25, 2002, amended on December 29, 2017, in Art. 4 clause 3 provides for cases in which registration of compulsory motor liability insurance is not required.

You own a vehicle whose maximum speed is limited to 20 km/h.

The driver drives a vehicle registered in the Armed Forces of the Russian Federation.

The car is registered abroad and insured by an international insurance system.

The vehicle moves with the help of non-wheeled propulsion systems: sleds, caterpillars, etc.

I own a trailer for a car.

Driving without compulsory motor liability insurance: common misconceptions and myths

On online forums, it is easy to read messages from people who do not understand the laws and spread false information about applying for insurance. We have collected the most popular myths and misconceptions of car owners.

Despite the fact that the thirty-day grace period that was provided for policy renewal was abolished in 2009, some motorists are confident that they can still drive without compulsory motor liability insurance for a month after the end of their insurance.

There are erroneous statements that when managing by proxy, there is no need for a policy. This is wrong. If the owner of the vehicle has issued a power of attorney for another person, the person’s data must be included in the policy. Civil liability does not apply to the car, but to the driver. It is taken over by the person driving the vehicle.

Some smart people advise purchasing a fake policy. This is a useless and dangerous idea. A traffic police officer can verify the authenticity of insurance in a few minutes. For falsifying documents, the driver faces not only administrative, but also criminal liability.

Among the common myths, there is often an opinion that in the absence of compulsory motor liability insurance, the license plate number is removed from the car and it is evacuated to an impound lot. Traffic police officers do not have this right. If this happens, the actions can be easily challenged in court.

When purchasing or inheriting a car, the law gives a ten-day period for registration of compulsory motor liability insurance, but you should not abuse the opportunity. No one is protected from troubles on the road. If an accident occurs while insurance has not yet been obtained, the owner will have to pay all costs out of pocket.