Traffic fine for lack of insurance
Fine for driving without insurance in 2019
According to statistics from the Russian Union of Auto Insurers (RUA), in our country, approximately 5-10% of car owners, that is, 2-4 million people, do not have a compulsory MTPL policy. By ignoring the requirement to obtain insurance, the driver not only risks having to pay damages to the victims out of his own pocket in the event of an accident, but may also be fined.
Operating vehicles without a valid MTPL policy in Russia has been prohibited since 2002, when the Federal Law “On Compulsory Civil Liability Insurance of Car Owners” dated April 25, 2002 N 40-FZ was adopted, and Article 19 of the Federal Law dated December 10, 1995 N 196 -FZ “On Road Traffic Safety” the following paragraph was added:
“It is prohibited to operate vehicles whose owners have not fulfilled the obligation established by federal law to insure their civil liability.”
Checking the policy - what the traffic police inspector has no right to do
Police and traffic police officers may require any driver who is required by law to have compulsory motor insurance to present this document. According to the Administrative Regulations of the State Traffic Safety Inspectorate (clause 106), the basis for checking the policy are:
- driver's participation in an accident;
- violation by the driver of road safety requirements, for example, excessive tinting of windows and headlights;
- obtaining vehicle directions;
- carrying out special events and operations to prevent and reduce the severity of the consequences of car accidents.
A traffic police officer checks the driver's documents
Insurance is one of the documents that the driver should always have with him. This requirement is established by the Traffic Regulations of the Russian Federation (Section 2, paragraph 2.1.1) and the Federal Law “On Compulsory Insurance of Civil Liability of Car Owners” (Article 32).
If the driver has not taken out a policy at all or the insurance period has expired, a law enforcement representative draws up a report on the commission of an administrative offense. A copy of this document with details for paying the fine is given to the offender.
A traffic police inspector or police officer who discovers that a driver does not have a policy is not entitled to perform the following actions:
- demand payment of the fine on the spot;
- confiscate vehicle registration plates;
- pick up a driver's license;
- send the car to the impound lot.
Is a fine issued if the electronic policy is not printed?
Article 32 of the Federal Law “On compulsory insurance of civil liability of car owners” states:
“The driver of the vehicle is obliged to have with him a compulsory insurance policy or information printed on paper about the conclusion of a compulsory insurance contract in the form of an electronic document and transfer the corresponding document for verification to police officers authorized to do so in accordance with the legislation of the Russian Federation.”
At the same time, the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 25, 2019 N 20 states:
“If the insurance policy was issued in the form of an electronic document, the failure of the driver to present it to the authorized official does not form the objective side of the administrative offense provided for in Part 2 of Article 12.3 of the Code of Administrative Offenses of the Russian Federation.”
In order to avoid erroneous decisions by traffic police inspectors and subsequent appeals against a violation decision, we recommend that you have a printed policy with you and save the PDF file with the insurance in your smartphone.
Always carry your MTPL policy in your car
Is the lack of insurance recorded by automatic cameras?
For 2019, automatic video recording of violations related to the lack of compulsory motor liability insurance is carried out in test mode in Moscow. All cameras in the capital are involved in the experiment - more than 2,800 units. They record only violations, the punishment for which is established by part 2 of Article 12.37 of the Code of Administrative Offenses of the Russian Federation, that is, the absence of a policy or its delay.
So far, fines based on data from video recording cameras have not been issued due to inaccuracies in car insurers’ databases. Drivers are sent warnings requiring them to take out insurance. Automatic fines will be issued in Moscow approximately in November 2019.
When the system is finally tested on Moscow roads, the absence of insurance policies will gradually be automatically recorded throughout the country. The next city where this innovation will appear will be Kazan.
Penalties for lack of insurance
Penalties for driving without a compulsory motor liability insurance policy are established by the Code of Administrative Offenses of the Russian Federation. For 2019, only monetary penalties appear among them. The amounts of fines are shown in the table.
Fine for driving without insurance in 2020
Are you looking for what fine you can get for driving without insurance (MTPL) in 2020? On the website you can find information about the lack of compulsory motor liability insurance in 2020 for individuals.
Purchasing an MTPL policy is a mandatory procedure for motorists. Unfortunately, according to RAS, more than 2.5 million drivers are in no hurry to get insurance. The conditions for obtaining compulsory motor liability insurance are prescribed by law, but 10% of car owners ignore their responsibilities for a number of reasons. Moreover, desperate daredevils are not afraid of the consequences - independent compensation for damage in the event of an accident and an impressive fine from law enforcement agencies.
Procedure for checking an MTPL policy
Despite the mandatory conditions for obtaining insurance, checking the MTPL policy is not a routine procedure. The traffic police inspector has the right to require the car owner to have documents only if:
- The driver is a direct participant in the accident.
- The car was stopped by an inspector due to violations of safety requirements (high percentage of glass tinting, unregulated headlights).
- The vehicle has an official identification.
- A planned event is being carried out on the roads by the traffic police service as part of the prevention of emergency situations.
Based on the above conditions, the driver has the right to challenge the inspector’s requirement to provide a compulsory motor liability insurance policy. However, it is better to have documents confirming compulsory insurance available.
Legal actions of a traffic police officer in the absence of insurance
The only lawful decision of the traffic inspector in this case can only be to draw up a protocol on the administrative violation. Outcomes such as:
- Payment of the fine, any transfer of funds on the spot.
- Confiscation of driver's license and license plates.
- Sending the vehicle to the impound lot.
Every car owner must know his rights and use them correctly in the event of violations by a traffic police officer.
OSAGO: original or electronic document
Situation: there is insurance, but only in electronic form. Is it legal for the traffic inspector to draw up a protocol? To resolve this issue, let us turn to the legal framework. According to Article 32 of the Federal Law “On compulsory insurance of civil liability of car owners,” the driver has the right to provide the state traffic inspector with both the original insurance and an electronic version of the document in PDF format.
Is video recording of violations due to lack of insurance valid?
Yes, in test mode the video registration process is carried out in the city of Moscow. Recording of administrative violations by car owners is associated with cases of absence of an insurance policy or its expiration. After the end of the test mode, motorists will begin to receive official warnings and fines.
Penalties for lack of insurance
Penalties for driving without a compulsory motor liability insurance policy are established by the Code of Administrative Offenses of the Russian Federation. For 2020, only monetary penalties appear among them. The amounts of fines are shown in the table.
Fine for driving without insurance in 2019-2020 – new MTPL rules are being discussed in the State Duma
The State Duma of the Russian Federation again raised the issue of increasing the fine for the absence of an MTPL policy. This measure is forced - without it, further adequate development of the road accident insurance system is impossible.
Latest news - the fine for driving without insurance may increase in 2020. The new law may be adopted before the end of the autumn session of the lower house of parliament.
Why do they want to increase the fine?
Today, the cost of an MTPL policy consists of a certain number of factors, such as:
- type of vehicle;
- region of registration of the owner;
- number of years of accident-free driving;
- driver's experience and age;
- car power (in hp);
- number of permitted drivers.
Insurance for an indefinite group of people will cost more, but it allows you to drive someone else’s car without the owner. But even the cheapest MTPL policy options cost from 3,000 rubles and more.
For a long time, thrifty drivers had the opportunity to slightly reduce the cost of insurance due to the absence of a coefficient for participation in an accident during the previous year. Each insurance company had its own base. Therefore, it was enough to change the insurance company so that the increasing coefficients would not apply. Today the database is unified, so it is simply impossible to hide the presence of accidents throughout the year.
Then economical drivers took a different route. In order to avoid paying traffic police fines for driving a car without a compulsory motor liability insurance policy, drivers began buying fake policies en masse only to present them to a traffic police officer when necessary. In the event of an accident, such a policy will, of course, have no benefit. Demand creates supply - there are a lot of opportunities on the Internet to buy a compulsory motor liability insurance policy “without coverage”. This piece of paper is suitable for a traffic police officer. However, it causes a lot of problems for those involved in road accidents. It is impossible to obtain any compensation under such a policy. It is these counterfeits that the new fine for driving without an MTPL policy in 2020 for individuals must fight against.
The presence of valid MTPL policies for all road users will allow the insurance industry to develop in this area. For example, now in the event of an accident you can not call the traffic police, but draw up a European protocol. The amount of compensation reaches 400,000 rubles. In some cities, it is already possible to file an accident via a smartphone if the appropriate application is installed and there is registration on the government services portal. All this significantly saves time for those involved in an accident. However, the new rules do not make sense if one of the drivers does not have real insurance.
If the person at fault for an accident suddenly finds himself without insurance for the car, then the damage caused will have to be recovered personally from the driver in court. The main difficulty is that in the event of an accident, the other driver cannot immediately determine whether the culprit has a fake policy or not. It is in order to protect honest drivers and make the procedure for processing documents in the event of an accident simple and fast, in 2020 they want to increase the fine for driving without compulsory motor liability insurance (MTPL) insurance several times.
OSAGO reform in 2020
We will tell you what the fine for driving without insurance is in 2019, and what may change in 2020.
Today the fine is only 800 rubles. This is at least 4 times less than the cost of the cheapest policy. No other measures are provided. Until 2014, drivers without car insurance were prohibited from driving. The car was sent to the impound lot. It was possible to return the vehicle only after purchasing an MTPL policy. There are no such strict measures now. Driving without insurance in 2019-2020 is punishable under Article 12.37 of the Code of Administrative Offenses of the Russian Federation, which only provides for the payment of a fine.
Legislators believed that increasing the fine would have an effective impact on the fight against driving without insurance. New rules may be adopted in 2019-2020. A fine of 5,000 rubles is being actively discussed in the State Duma. On November 18, 2019, changes to the law on compulsory motor liability insurance will be considered. We should also pay attention to amendments to Article 12.37 of the Code of Administrative Offenses of the Russian Federation. If the issue of increasing the fine is put on the agenda, then most likely it will be increased as of January 1, 2020.
Why is it necessary to increase the fine? Legislators considered that if the size of the fine was commensurate with the cost of the new policy, then drivers would not be tempted to purchase counterfeits and take risks. It will be more profitable for them to immediately buy real insurance.
At the same time, they will improve ways to identify drivers without insurance. The car number will be recorded by the camera. Will check it against the database. If insurance is not purchased for the vehicle, the car owner will receive a fine. Therefore, a fake policy will not help in this case. During the day, the camera will be able to record the same car several times. What does this mean for the driver? Payment of a fine, the amount of which may be several times greater than the cost of the policy. This method should help:
- draw up European protocols in the event of an accident without fraudulent actions by one of the parties (there is no real policy);
- register an accident through the application;
- Always receive compensation from the insurance company, and not collect a sum of money through the court from the person responsible for the accident.
What exactly will be the fine for driving a vehicle without insurance so that it brings the desired result will be decided by the State Duma in the near future.
Fine for lack of MTPL insurance
Good afternoon, dear reader.
In this article we will talk about a fine for lack of MTPL insurance , which can be imposed both on a driver who forgot to renew an expired MTPL policy, and on a driver who just left this policy at home. Naturally, the size of the fine in the first and second cases will be different.
Within the framework of this article, several situations will be considered that involve a fine for driving without insurance:
Let me remind you that a table of traffic police fines is available for download on pddmaster.ru, which also includes the amount of the fine for lack of insurance.
Fine for driving without insurance in 2019 and 2020
First of all, let's consider the fine that is imposed on a driver who forgot his MTPL policy at home . Please note that we are talking about a forgotten insurance form, which is nevertheless valid and the driver is included in this insurance.
The punishment for driving without insurance in this case is provided for in Part 2 of Article 12.3 of the Code of Administrative Offenses and is a warning or a fine of 500 rubles .
Exactly the same penalty can be imposed on a driver who purchased compulsory motor vehicle liability insurance electronically, but did not print out the insurance policy.
As you can see, forgetting your MTPL policy is not so scary financially. For example, the fine for expired insurance is almost 2 times larger, but more on that later.
Fine for driving a car during a period not covered by the MTPL policy
In 2019 and 2020, all MTPL contracts are concluded for 1 year. However, any driver has the opportunity to reduce the period of use of the vehicle.
For example, if a driver uses a vehicle only for trips to the country (in spring and summer), then he can buy a policy for 6 months.
In this case, the cost of the MTPL policy becomes less, however, you cannot drive the car all year round. Nevertheless, this service is popular among summer residents whose cars do not appear on the roads during the cold season.
So, for the departure of a “dacha resident” at the “wrong” time of year, Part 1 of Article 12.37 of the Code of Administrative Offenses provides for a penalty of 500 rubles .
Fine for a driver who is not included in the insurance
In this case, we are talking about driving a car by a driver who is not included in the MTPL policy. For example, such a situation may arise if you urgently need to get behind the wheel of an unfamiliar car and there is no time to renew your insurance.
The fine for a driver who is not included in the insurance will be 500 rubles (Part 1 of Article 12.37 of the Administrative Code).
Penalty for expired insurance
The last fine that will be discussed in this article is the penalty for the most serious violation of insurance rules. In this case we are talking about all situations that were not previously considered.
For example, we are talking about driving a driver who has expired insurance. A similar situation may arise if the driver forgot to renew the insurance policy in a timely manner.
The fine for expired insurance is 800 rubles .
The fine for the driver not having a compulsory motor liability insurance policy in principle will be exactly the same.
For example, if the driver decided after purchase not to insure the car at all.
Do automatic cameras record the absence of compulsory motor liability insurance?
Information that automatic cameras will begin to record the absence of compulsory motor liability insurance has been circulating on the Internet for several years. The last wave of such news appeared in the fall of 2018.
However, in 2019, no drivers reported receiving a ticket for not having insurance with an automatic camera. So currently the cameras do not record .
Note. If the traffic police cameras still learn to impose a fine for compulsory motor liability insurance, this article will be updated.
Discount when paying fines for lack of compulsory motor liability insurance
In 2019 and 2020, you can get a 50 percent discount when paying fines for lack of compulsory motor liability insurance. To do this, you need to pay the fine within 20 days from the date the decision on the administrative offense was issued.
In this case, instead of 500 rubles, you can pay 250 , and instead of 800 - 400 rubles .
You can find out more about discounts when paying traffic fines in this article:
Evacuation to impound lot for lack of compulsory motor insurance
Quite often, drivers have a question about whether it is possible to detain a vehicle for lack of insurance. In 2019 and 2020, evacuation of a car to an impound lot in the absence of compulsory motor liability insurance does not apply .
Until November 15, 2014, for the absence of compulsory motor insurance, traffic police officers also imposed a ban on operation, i.e. They took the license plates off the car. In 2019 and 2020, this type of punishment is also not used.
Those. For the absence of compulsory motor insurance, the driver can only receive a fine. Other types of punishment are illegal.
Let me remind you that to purchase an MTPL policy, you currently need to have a valid diagnostic technical inspection card.
By the way, the emergence of the following illegal situation cannot be ruled out. The traffic police officer may try to convince the driver that a policy left at home is the same as an expired insurance policy. Those. he may try to impose a fine of 800 rubles, instead of five hundred rubles. You must always be prepared for this and, if necessary, immediately prepare evidence for subsequent appeal of the protocol. You can learn more about collecting evidence when communicating with police officers in the audio course “Secrets of Communication with the Traffic Police.”
And finally, I suggest you watch a funny video about the traffic police negotiation table:
Fine for lack of MTPL insurance in 2019 - punishment for driving with a missing MTPL insurance policy
An MTPL policy is as important a document as a driver’s license, but many drivers think differently. Today we will talk about the fine for driving a car without insurance in 2019 according to the new rules, consider various situations and under what circumstances you can avoid administrative liability.
What are the dangers of driving a vehicle without an MTPL insurance policy after purchasing a car?
On April 25, 2002, the era of compulsory motor liability insurance began to exist, but still not everyone believes that it is necessary to purchase a policy; a quarter of all drivers are more inclined to purchase CASCO insurance.
According to paragraph 2.1.1 of the traffic rules, to drive a car you must have insurance.
2.1.1. Carry with you and, at the request of police officers, hand over to them for verification:
a driver's license or temporary permit to drive a vehicle of the appropriate category or subcategory;
registration documents for this vehicle (except for mopeds), and if there is a trailer - also for the trailer (except for trailers for mopeds);
in established cases, permission to carry out activities for the transportation of passengers and luggage by passenger taxi, waybill, license card and documents for the transported cargo, and when transporting large, heavy and dangerous goods - documents provided for by the rules for the transportation of these goods;
a document confirming the fact of disability, in the case of driving a vehicle on which the identification sign “Disabled” is installed;
an insurance policy of compulsory civil liability insurance of the vehicle owner 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.
In cases directly provided for by the legislation of the Russian Federation, have and submit for verification to authorized officials of the Federal Service for Supervision in the Sphere of Transport an access card for a vehicle for international road transport, a waybill and documents for the transported cargo, special permits, if available, In accordance with the legislation on highways and on road activities, it is allowed to drive on highways a heavy and (or) large vehicle, a vehicle transporting dangerous goods, and also provide a vehicle for weight and dimensional control.
According to this paragraph, the MTPL policy should always be at your fingertips along with other documents. Sometimes, due to simple inattention to the availability and validity of an insurance policy, a driver may face an administrative fine for lack of compulsory motor liability insurance in 2019.
Therefore, after purchasing a car, you must first obtain an insurance policy; without it, the car will not be registered with the traffic police. In order to visit the insurance company, you are given 10 days, during which there is no penalty for not having an MTPL insurance policy.
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 of Article 4 of the Federal Law of April 25, 2002 No. 40 - Federal Law
It should be noted that a very important fact is that administrative responsibility does not apply to a certain group of people.
The obligation to insure civil liability does not apply to owners of:
a) vehicles whose maximum design speed is no more than 20 kilometers per hour;
b) vehicles that, due to their technical characteristics, are not subject to the provisions of the legislation of the Russian Federation on the admission of vehicles to participate in road traffic on the territory of the Russian Federation;
c) vehicles of the Armed Forces of the Russian Federation, other troops, military formations and bodies in which military service is provided, with the exception of buses, cars and trailers for them, other vehicles used to support the economic activities of the Armed Forces of the Russian Federation, other troops , military formations and bodies;
(clause “c” as amended by Federal Law No. 77-FZ dated June 23, 2003) d) vehicles registered in foreign countries, if the civil liability of the owners of such vehicles is insured under international insurance systems;
(as amended by Federal Law No. 306-FZ dated December 1, 2007, No. 223-FZ dated July 21, 2014) e) trailers for passenger cars owned by citizens;
(paragraph “e” was introduced by the Federal Law dated December 1, 2007 N 306-FZ) f) vehicles that do not have wheeled propulsors (vehicles in the design of which tracked, half-tracked, sleigh and other non-wheeled propulsion systems are used), and trailers for them. (clause “e” introduced by Federal Law dated July 21, 2014 N 223-FZ)
Part 3 of Article 4 of the Federal Law of April 25, 2002 No. 40 - Federal Law
The obligation to insure civil liability does not apply to the owner of a vehicle whose liability risk is insured in accordance with this Federal Law by another person (the policyholder).
Part 4 of Article 4 of the Federal Law of April 25, 2002 No. 40 - Federal Law
In all of the above cases, administrative liability does not arise. Now we will consider situations when fines are issued, and we will also tell you the threat of driving without a compulsory motor liability insurance policy.
What is the fine for driving without MTPL insurance in 2019 if you forgot your policy at home?
You are stopped by a traffic police officer and, at his request, you hand over your documents to him. Paying attention to his facial expression, you realized that you forgot the insurance at home. It is not at all difficult for an inspector to check its presence, therefore, in this case, the amount of the traffic police fine is determined by part 2 of article 12.3 of the Code of Administrative Offenses of the Russian Federation.
Driving a vehicle by a driver who does not have documents for the right to drive it, an insurance policy of compulsory insurance of civil liability of vehicle owners, with the exception of the case provided for in Part 2 of Article 12.37 of this Code, and in cases provided for by law, a waybill or freight transport documents (as amended by Federal Law dated July 24, 2007 N 210-FZ, dated July 1, 2011 N 170-FZ, dated October 14, 2014 N 307-FZ, dated June 8, 2015 N 143-FZ) entails a warning or the imposition of an administrative fine in in the amount of five hundred rubles. (as amended by Federal Law dated June 22, 2007 N 116-FZ, dated July 23, 2013 N 196-FZ)
Part 2 of Article 12.3 of the Code of Administrative Offenses of the Russian Federation
If the inspector unreasonably tries to hold you accountable under Part 2 of Article 12.37 of the Code of Administrative Offenses of the Russian Federation, but you have a valid insurance policy, you need to appeal it within 10 days after receiving the protocol.
What is the penalty for driving without MTPL insurance in 2019?
If you are one of those people who deliberately do not purchase an insurance policy or simply missed the expiration date, which led to the policy being overdue, then a fine of 800 rubles is provided.
Failure by the owner of a vehicle to fulfill the statutory obligation 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. (as amended by Federal Law dated June 22, 2007 N 116-FZ, dated July 23, 2013 N 196-FZ)
Part 2 of Article 12.37 of the Code of Administrative Offenses of the Russian Federation
This fine applies to both persons with expired insurance and persons who have no insurance at all.
What is the fine if there is no MTPL insurance for a car or motorcycle during a certain period?
For residents of some regions, an insurance scheme for a certain period is very relevant, for example, only for summer-autumn. The insurance itself is issued for a year, but it is valid only for a certain period.
But it happens that autumn is delayed or spring has come much earlier, and you can’t miss these days, since no one has canceled work at the dacha, and for motorcyclists riding is like a breath of fresh air. Consequently, hoping for luck, drivers of certain vehicles hit the road.
If an inspector catches you during a period not covered by your insurance policy, the fine will be only 500 rubles.
Driving a vehicle during the period of its use, not provided for by the insurance policy of compulsory insurance of civil liability of vehicle owners, as well as driving a vehicle in violation of the conditions provided for by this insurance policy for driving this vehicle only by the drivers specified in this insurance policy shall entail the imposition of an administrative fine in the amount of five hundred rubles (as amended by Federal Law dated June 22, 2007 N 116-FZ, dated July 23, 2013 N 196-FZ)
Part 1 of Article 12.37 of the Code of Administrative Offenses of the Russian Federation
Although the fine is not large, you should not tempt your fate.
What is the liability for a repeated fine for driving a car without compulsory motor liability insurance?
According to the Code of Administrative Offenses, there are no sanctions for repeated driving of a vehicle without a compulsory insurance policy.
Consequently, every time you come across an inspector without compulsory motor insurance, you will be issued the same fine each time, depending on the situation due to which you are driving a car without a policy.
Fine for lack of MTPL insurance in 2019 for legal entities
Any legal entity or individual entrepreneur has the full right to issue compulsory motor liability insurance for its vehicle fleet, for each car separately. In addition, after registration of compulsory insurance, a legal entity has the opportunity to issue an additional policy (DSAGO), which insures against a significantly larger number of risks.
However, if one of the drivers of a corporate car does not have insurance with him, then the fine will be imposed on him and not on the legal entity. Based on this, we can conclude that the individual entrepreneur or organization does not bear any responsibility if the driver does not have a policy.
If you work on cars in such an organization, then after receiving the decision, you have every right to appeal it and recover the full amount of the fine from the company or employer.
Will license plates be removed for driving without MTPL insurance in 2019?
According to the Federal Law of October 14, 2014 No. 307 - FZ, part 2 of Article 27.13 of the Code of Administrative Offenses of the Russian Federation was repealed; now, for lack of insurance, license plates from the violator’s car are not removed, and the vehicle is not sent to the impound lot.
No matter how much you would like to evade the law so as not to pay extra money, you cannot escape fate. To avoid this, I advise you to insure your car on time, because you never know when you will get into an accident.