Punishment for handing over the steering wheel to a person without a license
Penalties for handing over the steering wheel to other people without a license
There are often situations when there is a need to hand over the steering wheel to another person. A lot can happen in life - an unexpected feast, a state of distracted attention due to taking medications, or a stressful situation in which you cannot vouch for yourself.
At these moments, people often don’t care whether the person who got behind the wheel has a driver’s license.
And at such moments it is advisable to remember this point of the traffic rules:
- transfer control of a vehicle to persons who are intoxicated, under the influence of medications, in a sick or tired state, as well as to persons who do not have a driver’s license to drive a vehicle of the appropriate category or subcategory, except for cases of driving training in accordance with section 21 of the Rules; (as amended by Decree of the Government of the Russian Federation dated October 24, 2014 N 1097)
According to this rule, you need to check whether the person you are going to put behind the wheel has a driver's license. Also check whether the category opened to your car corresponds to it, make sure that the person is sober. Only in the process of training the future driver are any exceptions possible.
Now let's discuss the most common mistakes and misconceptions people have.
- Often parents hand the steering wheel to their child, wanting to teach him how to drive. Their belief that no teacher can be better than their own person is fundamentally wrong. Regardless of your driving experience, do not put a minor behind the wheel. This is, firstly, unsafe, and secondly, you face a double fine for such a violation. And your child doesn’t need to start driving with an accident, and even with a bad ending. It’s better to let your child grow up and study at a driving school with an experienced instructor.
- Parents “delight” their child with a scooter or moped. Despite the fact that this type of transport is small in size, a separate category has already been introduced for it. You also need to learn how to drive such a vehicle. And a teenager’s inexperience can cost him life or health.
- Sometimes people give the steering wheel to another person who does not have a driver's license. In this case, if an adult driving your car does not have a license, you face a serious fine. And the risk you take is often unjustified.
The amount of the fine for handing over the steering wheel to a driver without a license in 2018
By following all traffic rules, you are guaranteed to avoid a fine. If you are not confident, you can leave the car in the garage - and there will be no fine either. But situations when you are forced to transfer control of a car to another person can happen in anyone’s life.
But before you take such a rash step, familiarize yourself with the punishment for it.
According to Part 3 of Article 12.7 of the Code of Administrative Offenses of the Russian Federation, the fine for such a violation will be 30,000 rubles.
Part 3 of Article 12.7 of the Code of Administrative Offenses of the Russian Federation:
Transferring control of a vehicle to a person who obviously does not have the right to drive a vehicle (except for training driving) or is deprived of such a right shall entail the imposition of an administrative fine in the amount of thirty thousand rubles. (as amended by Federal Laws No. 116-FZ dated June 22, 2007, No. 210-FZ dated July 24, 2007, No. 196-FZ dated July 23, 2013)
It is worth noting that such a fine can be a punishment for those who have never passed their license, or have been deprived of these same rights. It’s even worse if you start fussing and talk about how a person stole your keys without permission and drove off. Then the punishment may be completely different.
Part 1 of Article 166 of the Criminal Code of the Russian Federation:
Wrongful taking of a car or other means of transport without the purpose of theft (hijacking) is punishable by a fine in the amount of up to one hundred twenty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to one year, or by restriction of freedom for a term of up to three years, or by forced labor. for a term of up to five years, or arrest for a term of up to six months, or imprisonment for a term of up to five years. (as amended by Federal Laws dated December 8, 2003 N 162-FZ, dated March 7, 2011 N 26-FZ, dated December 7, 2011 N 420-FZ)
Therefore, it is better not to place all the blame on the person who was driving, but to accept your mistake. If the person to whom you transferred control of the vehicle still has a license, but for some reason they remained at home, the fine will be much lower.
Part 3 of Article 12.3 of the Code of Administrative Offenses of the Russian Federation:
Transferring control of a vehicle to a person who does not have documents for the right to drive it shall entail the imposition of an administrative fine in the amount of three thousand rubles. (as amended by Federal Laws dated June 22, 2007 N 116-FZ, dated July 23, 2013 N 196-FZ)
Consequently, in the end it becomes clear that it is better not to hand over the steering wheel to a person without a license. If you are drunk or feel so bad that you are unable to drive, it is better to lock the car and call a taxi. Otherwise, not only you, but also the person who, at your request, got behind the wheel will answer before the law.
And let us remind you once again about the dangers of handing over the steering wheel to minors - you can get two fines.
Punishment and fine when transferring control to a person without rights. Advice from a lawyer: how to communicate with inspectors, appeal, mitigate the fine?
We are often asked - what to do if you can’t get behind the wheel of your own car? Is it possible to transfer the right to drive a car to another person - wife, husband, child, neighbor? Which of them will not be fined by a traffic police inspector for helping and taking them to the right place? I will tell you about all this in detail below.
○ Who can and cannot drive your car.
✔ Check on the road.
Let us say right away that transferring the right to drive a car to a person who does not have such a right is illegal. In 2017, the corresponding traffic rules clause is still in force:
- “Traffic rules clause 2.7.
The driver is prohibited from: transferring control of the vehicle to persons who are intoxicated, under the influence of medications, in a sick or tired state, as well as to persons who do not have a driver’s license for the right to drive a vehicle of the appropriate category or subcategory, except for cases of driving training in in accordance with section 21 of the Rules."
It doesn’t matter that you yourself may be next to the driver at this time, in the next passenger seat. If your car, driven by an unauthorized person, is of interest to the traffic inspector, when stopped, the police officer will require the driver's license of the person sitting behind the wheel. And only if he does not have rights, further questions will follow:
- Whose car is it, exactly?
- Why isn't the owner driving?
- Is the person driving included in the MTPL policy and is he allowed to drive this car?
Even if you are able to give a clear and clear answer to all the questions in favor of the person driving the car, this will not save you from a fine imposed, by the way, on you.
According to Article 12.7 Part 3 of the Code of Administrative Offenses of the Russian Federation in 2016
- “Transferring control of a vehicle to a person who obviously does not have the right to drive a vehicle (except for training driving) or is deprived of such a right shall entail the imposition of an administrative fine in the amount of thirty thousand rubles.”
✔ Who does not have the right to drive your car.
- Any minor.
- The driver is “after yesterday” or drunk.
- A person who has already been deprived of the right to drive a vehicle.
- A man is in a sick condition.
The painful condition may include not only such severe ailments as exacerbation of heart disease or high blood pressure, but also a cold accompanied by fever, runny nose, watery eyes, uncontrollable sneezing, etc. Driving in such a state may be fraught with the danger of not reacting in time to an obstacle that appears on the road, a pothole, or a pedestrian suddenly running out.
Remember this when transferring the right to drive a car, because a fine of thirty thousand rubles will be collected from the owner, that is, from you.
✔ Who can drive your car.
The answer is obvious: transfer of control is possible to a person who has the right to manage with the corresponding open category. At the same time, it is advisable that there are no restrictions in your compulsory motor liability insurance. If only you are included in the insurance, then when the vehicle is stopped by a traffic police inspector, you will have to pay a fine.
There is also a more serious obstacle - if a person driving and not included in the insurance gets into an accident, the insurance company has the right to refuse to pay!
If you are unable to drive your car, you can ask friends/strangers to help you. But there are several nuances here. Do not hesitate to ask the driver who offers his services if he has a driver’s license with him, and also make sure that he is not drunk. To do this, suggest a simple test:
- With your eyes closed, touch the tip of your nose with your index finger.
- Exhale completely through your mouth to check the smell of ethyl alcohol in the exhaled air.
If a person passes the test “excellently” and your insurance provides for the possibility of transferring the steering wheel to anyone who wants it, you can safely ride as a passenger, and not a single traffic police inspector is afraid of you.
If your OSAGO policy includes a limited number of people who have the right to drive your car, ordering a taxi would be the right choice.
○ Punishment and fines for illegal transfer of control.
An unlucky owner should take a close look at who he is going to give the steering wheel of his car to:
- If someone is drunk behind the wheel, the careless car owner will have to pay a fine of 30,000 rubles and lose the right to drive a vehicle for up to two years.
- If your vehicle is driven by a citizen who has been deprived of a driver’s license or who does not have one at all, prepare the amount for a fine of 30,000 rubles.
- If the driver has a driver’s license, but it turns out that he forgot it at home, lost it, or is not included in your OSAGO policy, the driver will have to pay a fine of 500 rubles, and the owner of the car will have to pay a fine of 3,000 rubles.
All of the listed types of punishment are applicable if the owner of the car is here, nearby, he has a license with him, and the documents for the car are in perfect order.
In other cases, the vehicle will be detained until its ownership is determined, with the vehicle placed in an impound lot, which will entail additional costs. Therefore, the driver must take care to provide the necessary documents before the tow truck arrives.
○ Is it possible to appeal, mitigate the punishment or fine.
Part 3 of Article 12.7 of the Code of Administrative Offenses of the Russian Federation states that punishment is imposed on the owner of a vehicle who has transferred the right to drive his car if he, knowingly knowing that in front of him is a person who has not passed the traffic police exam, does not have a driver’s license or has been deprived of one , still allowed him to drive a car. That is, the administrative offenses provided for in this article are characterized by intentional guilt.
There are situations when the owner of a car may be exempt from liability under this article:
- If he did not know that the driver does not have a valid driver's license. For example, the driver misled the owner of the car as to whether he could be trusted to drive the car - he showed his license, but chose not to mention the fact that he simply did not surrender it after the deprivation of license came into force.
- If the transfer occurred without the consent of the owner. For example, there was a car theft. A driver who borrows a car “for rent” faces criminal penalties of up to 5 years in prison. If the driver was not your good friend, then let the culprit be punished.
In this case, there are no signs of an intentional unlawful act.
We remind you that from January 1, 2016, an administrative fine under Article 12.7 of the Code of Administrative Offenses of the Russian Federation can be paid in half within 20 days after it was imposed on the person who committed the offense and was punished.
- “Administrative Code of the Russian Federation, Article 32.2.
Execution of the decision to impose an administrative fine: Part 1.3. When an administrative fine is paid by a person held administratively liable for committing an administrative offense provided for in Chapter 12 of this Code, with the exception of administrative offenses provided for in Part 1.1 of Article 12.1, Article 12.8, Parts 6 and 7 of Article 12.9, Part 3 of Article 12.12, Part 5 of the Article 12.15, part 3.1 of article 12.16, articles 12.24, 12.26, part 3 of article 12.27 of this Code, no later than twenty days from the date of the decision to impose an administrative fine, an administrative fine may be paid in the amount of half the amount of the imposed administrative fine.”
Moreover, if a decision was made to installment or defer such a fine, then it is collected in full.
You can check fines online using the debtor's last name, vehicle number, driver's license or vehicle registration number.
✔ The issue of appealing an offense.
Many people ask us whether it makes sense to appeal the decision of the traffic police inspector and how to do it correctly.
A complaint is a protest against a violation of rights. If you believe that your rights were violated when drawing up a report on an administrative violation, you have the right to file a complaint. The procedure for submitting it is regulated by Chapter 30 of the Code of Administrative Offenses of the Russian Federation.
A complaint against a decision made by a traffic police officer must be submitted:
- To a higher authority, i.e. to a higher division of the traffic police, to which the division where the decision was made is subordinate.
- To a higher-ranking official of the department whose employee fined you.
- To the district court where the offense was committed.
If a complaint is submitted simultaneously to several authorities, it will be considered by the court.
✔ What to pay attention to when filing a complaint.
In the complaint, it is important to indicate which points of the resolution are illegal, as well as to correctly formulate the requirements in the final part of the complaint. If the parts of the complaint are not consistent, the court considers the last request of the complainant.
For example, in the first part of the complaint, the citizen states that he did not commit any of the actions described in the resolution, and at the end he asks to change the amount of the fine. Obviously, there is no point in such a complaint at all.
When writing a complaint, pay attention to whether the protocol on the administrative offense itself contains any inaccuracies, omissions, or gross violations of the procedural procedure:
- Corrections in the protocol that were not certified by you.
- Lack of signatures of witnesses.
- Lack of witnesses themselves.
- Formal clarification of rights. –
all this gives a chance to cancel the decision on sentencing you.
✔ Protocol: attention to detail!
Demand that the traffic police officer perform all procedural actions that are provided for by law, but also be prepared that the officer will require similar actions from you.
Read the protocol carefully. If the presence of witnesses or witnesses is required, wait until they appear. Remember that witnesses and witnesses are not the same thing. Witnesses are participants in procedural actions and are not interested in the final result. Their rights and responsibilities are explained to them, as well as the purpose of their involvement in these activities.
The excuse “I was told to sign, I signed without reading” has long been taken seriously by no one, especially by judges.
You should not refuse to sign the protocol on an administrative offense. We are asked, is it true that in this case the protocol will be considered invalid? No, it's a myth. The protocol will still have legal force, it’s just that the traffic police officers will sign it themselves with the note “refused to sign.” The correct decision would be to sign the protocol with a handwritten note stating that you do not agree with this protocol for such and such reasons. Be sure to list these reasons.
✔ Protect yourself
It is very convenient to live according to the principle “you owe me.” In fact, protecting yourself is your first responsibility. Therefore, instead of challenging the decision and appealing the fine, make sure that your car is in the hands of a person who will not be able to expose you to this fine.
How to protect yourself when transferring control of a car to another person?
Legal talk show for motorists on Autoradio “Right to the Wheel”.
Consultation with Victor Travin.
Published by: Vadim Kalyuzhny , specialist of the TopYurist.RU portal
Fine and other punishment for handing over the steering wheel to a person without a license in 2019
There are many situations in life when you cannot get behind the wheel yourself and ask your friend or acquaintance who has at least some driving skills to do it. Especially when you are under stress or under the influence of alcohol, you don’t really think about the rights of the person to whom you are going to transfer your car.
Before considering the most common situations when control of a vehicle is transferred to a person without a license, I would like to remind you of paragraph 2.7 of the traffic rules.
The driver is prohibited from:
- transferring control of the vehicle to persons who are intoxicated, under the influence of medications, in a sick or tired state, as well as to persons who do not have a driver’s license for the right to drive a vehicle of the appropriate category or subcategory, except in cases of driving training in accordance with section 21 of the Rules; (as amended by Decree of the Government of the Russian Federation dated October 24, 2014 N 1097)
Based on this rule, we can conclude that before letting another person drive his vehicle, the driver must check with his friend that he has a driver’s license of the appropriate category, with the exception of the process of learning to drive, and also make sure that he is in a sober state. The exception is the process of learning to drive.
Now let's move on to the most common situations that lead to irreversible errors.
Transferring control of the vehicle to a child. Parents often believe that they can teach their child to drive much better than some instructor from a driving school. No matter how much driving experience you have, you should not put a child behind the wheel, since, firstly, he is a minor, and this will lead to a double fine, and secondly, it will be completely wrong to start training by committing a crime. Therefore, it would be best to wait until adulthood and send your child to study at a driving school.
Purchasing a scooter (moped) for a minor. Another fairly common mistake parents make is to purchase a small two-wheeler for their beloved child who does not have a license. A long time ago, this type of transport had its own category, for which it is also necessary to undergo training. In addition, if you fail to take care of a child at his age, you can cause irreversible consequences that could cost him his life.
Transferring control of the vehicle to an adult without a license. By handing over your car to an adult without a license, you are taking a conscious risk, and this is fraught with a fine.
Fine for handing over the steering wheel to a person without a license in 2019
It's no secret that in order not to get a fine, you must follow all traffic rules or simply leave the car in the garage. But again, no one is immune from such situations when you are simply forced to transfer your car to another person.
Before committing this deliberate violation, you should know that the penalty for transferring control to a person without rights, on the basis of Part 3 of Article 12.7 of the Code of Administrative Offenses of the Russian Federation, will be 30,000 rubles.
Transferring control of a vehicle to a person who obviously does not have the right to drive a vehicle (except for training driving) or is deprived of such a right shall entail the imposition of an administrative fine in the amount of thirty thousand rubles. (as amended by Federal Laws No. 116-FZ dated June 22, 2007, No. 210-FZ dated July 24, 2007, No. 196-FZ dated July 23, 2013)
Part 3 of Article 12.7 of the Code of Administrative Offenses of the Russian Federation
Please note that these fines are imposed only on those who have never been trained in a driving school or have had their license revoked. If you want to evade the fine and say that another person took your keys and went about his business, then this will result in another punishment.
Wrongful taking of a car or other means of transport without the purpose of theft (hijacking) is punishable by a fine in the amount of up to one hundred twenty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to one year, or by restriction of freedom for a term of up to three years, or by forced labor. for a term of up to five years, or arrest for a term of up to six months, or imprisonment for a term of up to five years. (as amended by Federal Laws dated December 8, 2003 N 162-FZ, dated March 7, 2011 N 26-FZ, dated December 7, 2011 N 420-FZ)
Part 1 of Article 166 of the Criminal Code of the Russian Federation
Therefore, if you care about your driver, then it is better to confirm the version of the transfer of the vehicle to a person without a license than to place all the blame on him. If your friend, whom you put behind the wheel, already has a driver’s license, but he forgot it at home, then in this case you will be given a much lower fine.
Transferring control of a vehicle to a person who does not have documents for the right to drive it shall entail the imposition of an administrative fine in the amount of three thousand rubles. (as amended by Federal Laws dated June 22, 2007 N 116-FZ, dated July 23, 2013 N 196-FZ)
Part 3 of Article 12.3 of the Code of Administrative Offenses of the Russian Federation
As for the fine for driving a vehicle by an owner without a license or without a category, you can familiarize yourself with it in the article “Driving without a license”
Video on the topic:
As you can see, the prospect is not at all bright if you transfer control of the vehicle to a person without a license. Therefore, if you have been drinking, feel unwell or are in some kind of trouble, it is best to lock your car, call a taxi, and sleep at home. And do not forget that if you gave the keys to a minor, then two fines will be imposed on you, as the owner, and also as a parent. And when you transfer it to an adult, not only you, but also your driver will be responsible before the law.
Fine for handing over the steering wheel to a person without a license
What is the fine for handing over the steering wheel to a person without a license in 2018? Punishment for handing over the steering wheel to a drunk person without a license. Current fines in this article from the specialists of the website “Traffic Police Fines”.
The fine for handing over the steering wheel to a person without a license or deprived of a license is 30 thousand rubles. Article 12.7 Part 3
The fine for handing over to a drunk without a license is 30 thousand rubles and deprivation of rights from one and a half to two years. Article 12.8 part 2
What are the penalties for handing over the steering wheel to a person without a license?
For driving without a license, the law provides for penalties for both the driver of the car and the person who transferred control. At the same time, the punishment for the person who transferred control will be more severe.
The driver will be punished under Article 12.7 part 1. A fine of 5 to 15 thousand rubles.
Code of Administrative Offenses of the Russian Federation Article 12.7. Driving a vehicle by a driver who does not have the right to drive a vehicle
1. Driving a vehicle by a driver who does not have the right to drive a vehicle (except for training driving) -
shall entail the imposition of an administrative fine in the amount of five thousand to fifteen thousand rubles.
The person who transferred control will be punished under Article 12.7 part 3.
Transferring control of a vehicle to a person who obviously does not have the right to drive a vehicle (except for training driving) or is deprived of such a right -
entails the imposition of an administrative fine in the amount of thirty thousand rubles.
Moreover, if the driver was drunk, the punishment will be much more severe: the driver will face arrest for up to 15 days, and the person who handed over control will face a fine of 30 thousand and deprivation of rights for 1.5 - 2 years.
Handing over the steering wheel to a person without a license while intoxicated
If you gave control of your car to just a person without a license, then you could only get away with a fine. In this case, the transferor paid more.
And if you hand over the steering wheel to a drunk, the punishment will be much more severe.
The punishment for the transmitter is deprivation of rights and a fine of 30 thousand rubles.
Code of Administrative Offenses of the Russian Federation Article 12.8. Driving a vehicle by a driver who is in a state of intoxication, transferring control of a vehicle to a person who is in a state of intoxication
2. Transferring control of a vehicle to a person who is intoxicated -
shall entail the imposition of an administrative fine in the amount of thirty thousand rubles with deprivation of the right to drive vehicles for a period of one and a half to two years.
Punishment for the driver is a minimum of arrest from 10 to 15 days, and a maximum of imprisonment of up to two years.
Code of Administrative Offenses of the Russian Federation Article 12.8. Driving a vehicle by a driver who is in a state of intoxication, transferring control of a vehicle to a person who is in a state of intoxication
3. Driving a vehicle by a driver who is intoxicated and does not have the right to drive vehicles or is deprived of the right to drive vehicles, if such actions do not contain a criminal offense -
entails administrative arrest for a period of ten to fifteen days or the imposition of an administrative fine on persons against whom administrative arrest cannot be applied in accordance with this Code in the amount of thirty thousand rubles.
In what case will there be criminal punishment for drunk driving without a license?
A drunk driver without a license can face not only arrest for up to 15 days, but also real criminal prosecution and restriction of freedom. This punishment applies if the driver is caught driving drunk again after the license has been revoked. Since the driver does not have a driver’s license, it is quite possible that the driver’s license was revoked just for drunk driving.
Criminal Code of the Russian Federation Article 264.1. Violation of traffic rules by a person subject to administrative punishment
shall be punishable by a fine in the amount of two hundred thousand to three hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one to two years, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or with compulsory labor for a term of up to four hundred eighty hours with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or forced labor for a term of up to two years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or imprisonment for a term of up to two years with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years.
What is the penalty for passing the steering wheel in 2019?
Sometimes friends ask for a car for a while. A girl may have a desire to steer during a romantic trip. Some parents teach their children how to drive and allow them to drive on their own within designated areas. All these goodwill gestures can result in serious problems for the vehicle owner. In particular, you will have to pay a large fine for handing over the steering wheel to a person who does not have a license. Let's consider when it is allowed and strictly prohibited to allow another to drive your car.
To whom can control of the vehicle be transferred?
The action in question, performed voluntarily by the car owner, does not provide for punishment only in cases established by law:
- the driver sitting behind the wheel has a license of the required category;
- it is included in the compulsory motor liability insurance policy, or the insurance has no restrictions;
- the car was handed over to representatives of the special services, for example, to quickly transport a victim of an accident to the hospital;
- the driver is a student of a driving school and is accompanied by an instructor;
- the transport was transferred under a lease agreement.
The owner of the car will not be held accountable before the law for such actions.
Who should not be allowed to drive
The owner must not transfer control to persons who are not authorized to drive the car.
- For minors.
- Citizens with health restrictions.
- Those who are unable to drive a vehicle due to the effects of medications.
- It is strictly prohibited to hand over the steering wheel to a drunk driver.
- A person without a driver's license (VU). The absence of this document is equivalent to the transfer of control to a person deprived of rights.
- Insurance restrictions may not allow you to get behind the wheel.
Even if the driver was stopped by a traffic police patrol, you should not resort to the excuse that the offender took the keys from the owner without asking permission. This will bring a person under an article of the Criminal Code, which provides for up to 3 years in prison (166 of the Criminal Code of the Russian Federation). When the circumstances are revealed, the car owner himself will have to answer for slander.
Penalties
If a traffic police inspector stops a driver without a license, the owner of the car who handed over the keys will be issued a decree for 3,000 rubles (clause 3 of Article 12.3 of the Administrative Code). The vehicle owner will find himself in an extremely unpleasant situation if, during the inspection, traffic police officers identify additional aggravating circumstances. For example, handing over the steering wheel to a minor is punishable by a tenfold fine compared to the previous option.
How to protect yourself when transferring control of a car to another person: Video
If the driver is caught drunk
As you know, a huge number of people die on the roads due to alcohol. A drunk driver is not his own boss. Transferring control of a vehicle to a person while intoxicated is punishable by deprivation of driving license for a period of 18 to 24 months (Article 12.8 of the Administrative Code). Under this article, it is the owner of the car or the one who uses it by proxy who will be punished. An alternative punishment is a fine of 30 thousand rubles.
A person caught drunk will also have to answer for his crime. He will be issued a receipt for 30 thousand, and materials will be sent to the court to deprive him of his rights for 1.5-2 years. And if there are none, the offender can be arrested for 15 days. It should also be taken into account that for a repeated offense, the punishment for driving while intoxicated in 2019 will already be 50 thousand, and arrest for a driving license will last up to 3 years.
The driver has no license
In this case, the amount of punishment is established by Article 12.7 of the Code of Administrative Offences. The fine for transferring control to a person without rights will be 30 thousand rubles. In this case, the vehicle will be towed to the impound lot, and the owner will have to bear additional costs for this (payment for tow truck services, storage, etc.).
According to the new rules, the traffic police can stop a car even without visible violations on the part of the driver and not in the area of a stationary checkpoint. Innovations at the end of 2019 significantly increase the likelihood of an unpleasant meeting with an inspector, so today the risk of handing over the steering wheel to an unlicensed citizen becomes even less justified.
The person is not included in the insurance
The owner of a vehicle, allowing an acquaintance or relative who is not registered with OSAGO to drive it, risks receiving a fine of 800 rubles. You can avoid punishment with an unlimited policy. A fine, if a person is not included in the insurance, is imposed on the car owner, and the information is transferred to the company that has entered into an agreement on compulsory civil liability insurance. Thus, due to this violation, the payment for policy renewal may be increased.
Read also:
Extenuating circumstances
In special cases, the car owner will be able to avoid liability or reduce it to the minimum possible.
- If the driver who owns the car is caught driving drunk and the traffic police inspector calls the owner of the vehicle, some believe that they can easily escape the punishment of deprivation of their license. If you simply tell the policeman that the keys were handed over to a sober person who drank alcohol after that. It is clear that such an excuse is unlikely to be taken into account. Not to mention the situation when the owner is in the car as a passenger.
- Under the article on providing a car to a person without a license, they are not punished if the person caught has a license in hand, although it has been deprived of it in court. It is enough just to report that the offender misled the owner of the car.
- Of course, the law does not establish grounds for transferring a car to another due to health problems. However, this circumstance is regarded by most inspectors as mitigating the guilt of the car owner.
Violation of traffic rules by minors, if a child gets behind the wheel without the knowledge of an adult, will also lead to a serious fine for the parent - owner of the vehicle.
Procedure for appealing a traffic police decision
Any traffic police fine can be contested within 10 days. One of the reasons to cancel the punishment is making mistakes when drawing up the protocol. This is what the courts usually focus on. An appeal against a decision on an administrative offense is carried out according to the procedure established in regulations.
- The car owner should write a statement to the immediate superiors of the inspector who imposed the fine.
- If this does not help, the violator has the right to complain to the authorities of the regional traffic police.
- Alternative options are an application to the prosecutor's office or filing a claim with a judicial authority.
- The circumstances of the offense should be outlined in detail and the existence of reasons should be indicated that would either reduce liability or completely cancel the punishment.
- As an application, you can submit photo and video evidence, witness statements, expert opinions, and so on. All materials will definitely be considered.
To increase the chances of success, it is recommended to contact car lawyers. Specialists know the nuances of the law and will be able to build a defense more competently.