Fine for not having mudguards on a car

Why are people fined for car mud flaps? Lawyer: is it possible to avoid a fine?

From time to time on the roads you can see the following picture: a traffic police inspector waves his baton - and the next driver stops. There can be a lot of reasons for such a stop, but increasingly the reason for nagging from inspectors is that the car does not have mudguards .

It would seem like a small plastic part, but the fine for not having it can be quite significant.

Let's figure out what the legislation says about the presence or absence of this detail, what kind of punishment is possible here - and how to avoid it?

○ Mudguard law.

First of all, let's look at what exactly mud flaps are - and why are they needed?

Mud flaps are called mudguards on the wheel arch . These are elements, usually made of plastic or thick rubber, which serve to retain and prevent dirt, sand or small gravel chips from flying out from under the wheels. By itself, this element has little effect on driving a car, but its use prevents blinding those driving behind or in the adjacent lane.

It is precisely because the presence of a mudguard ensures traffic safety , according to traffic regulations, it is one of those elements without which the operation of vehicles is prohibited. Clause 7.5 of the appendix to the traffic rules directly mentions them. Accordingly, if there are no mudguards on the car, the culprit will face a fine.

○ Current fines for lack of mudguards.

The fine for the absence of mudguards is provided for under Part 1 of Art. 12.5 Code of Administrative Offenses of the Russian Federation. This provision provides for punishment in the form of a warning or a fine of 500 rubles . However, there are some nuances that affect the imposition of a fine:

The Code of Administrative Offenses of the Russian Federation in this case refers to the Appendix to the Traffic Regulations, which establishes a list of malfunctions and conditions under which the operation of the car is prohibited. However, clause 7.5 reads verbatim:

“The rear protective device, mudguards and mudguards provided for by the design are missing.”

Therefore, if the manufacturer did not initially install mudguards on the car, no one has the right to fine you! This is possible if, instead of mudguards, the function of protecting against dust and dirt is performed by the car’s fenders themselves.
Notice the word "posterior". The absence of front mudguards is not a violation. In this case, dirt and crumbs flying out from under the front wheels will hit the sides of your car.
A fine for not having mudguards is a fairly rare thing. Although this penalty is provided for by law, in practice it is rarely imposed and usually as an additional penalty when the inspector stops because of some other violation.

○ Lawyer's advice: how to avoid a fine.

But let’s imagine that, despite the rarity, you are the one who is unlucky, and the traffic police inspector who stopped you is trying to fine you for the lack of mud flaps. What to do in this case?

First of all, you should ask the traffic police officer on what basis he requires you to have mud flaps. If your car is old or foreign-made, there is a chance to avoid a fine: on old Soviet cars, mud flaps were not initially installed by the manufacturer, and some models of foreign cars, instead of rubber mud flaps, can be equipped with specially shaped wings that prevent dirt from flying away.

At the same time, by virtue of Art. 1.5 of the Code of Administrative Offenses of the Russian Federation in this case, it is not you who must prove that mudguards are not provided for by the design - but the inspector that there is a violation. If you have a valid inspection certificate, which was carried out without mudguards, this method will work, since installing mudguards is already a change in the design of the car.

In addition, you can refer to clause 2.3.1 of the traffic rules . According to this norm, if there is a malfunction specified in the list from the appendix to the traffic rules, the driver is obliged to take measures for repairs, and if this is not possible, move to the repair site, observing safety precautions. The absence of mudguards is not one of those malfunctions in which movement is absolutely prohibited (as, for example, in the event of a malfunction of the brake system).

If a protocol is drawn up, you will need to make a note in it with the following content: “There were no faults when leaving the parking lot, I acted in accordance with the traffic rules.” This will come in handy if the mudguards provided by the design actually fall off along the way. In general, do not agree with a fine under any circumstances - otherwise you will not be able to challenge it.

Well, the most important thing is to keep an eye on the car and check the strength of the mudguards. This is easier than appealing the decision to avoid a fine.

Fine for mud flaps, passenger car, must be installed? Dmitry Zmaznev will talk about this.

Published by: Vadim Kalyuzhny , specialist of the TopYurist.RU portal

Are they fined for not wearing mudguards and what is the size of the fine?

A mudguard is a small plastic part on the back of your car's fender that helps prevent small stones and spray from wet or snowy roads from flying out from under the vehicle's wheels. Drivers rarely pay attention to its presence, since mud flaps are very short-lived and can come off within a few months of the start of active use of the car.

Meanwhile, the legislation stipulates a fine for mud flaps, which traffic police officers can issue to the car owner. The fine is relatively small, but it would still be unpleasant to receive it. In order to avoid a fine, read this article, which will allow you to find out the main provisions of the Code of Administrative Offenses related to the lack of a mudguard on the rear wing of your car.

Fine for lack of mudguards

Traffic police officers issue this fine on the basis of Part 1 of Article 12.5 of the Code of Administrative Offences. It refers to the list of provisions for the approval of vehicles, on the basis of which the traffic police officer makes a conclusion about the suitability of your car for travel. One of the mandatory elements that must be installed on the car is a mudguard. Therefore, the employee has the right to point out to you the absence of this detail and issue a fine.

Many drivers are interested in what fine will be issued for this violation. At the moment it is 500 rubles. At the same time, in the legislation there is no such thing as driving a car to the place where a minor malfunction is eliminated. If your mudguard comes off, you must first buy and attach a new one yourself (or call a specialist to the parking lot), and then start driving. This legal norm does not provide for such punishment as a warning; you will be immediately issued a fine.

How it happens in practice

In practice, drivers are almost never fined . Only if traffic police officers come into conflict and are looking for something to complain about. Many drivers do not even know that such a fine exists, and are surprised at the nagging from the traffic police.

However, the actions of the police are completely justified, and, if desired, they can point you to an administrative offense. It’s just that often employees don’t bother with small fines and don’t want to spend time drawing up a protocol.

Video: A traffic cop tried to find fault with the lack of mudguards

What to do if you are given a fine

If a traffic police officer wants to fine you, he will draw up a resolution imposing an administrative fine. According to the law, you have the right to request the preparation of a protocol and then appeal it to the regulatory authorities. It is enough to notify the traffic police officer that you do not agree with the chosen preventive measure and insist on mitigating the punishment before warning about the need to eliminate the problem.

Traffic police officers, as a rule, are reluctant to draw up reports on minor violations, and therefore you have a chance that a fine will not be issued. Using the money you save, we recommend that you buy and install a splash guard to avoid future conflicts with law enforcement agencies.

Avoiding a fine for not having a mudguard is quite simple. It is necessary to regularly check the technical condition of the car, and, among other things, the presence of a mudguard. If a part is damaged, replace it with a new one in time.

It is worth remembering that a traffic police officer can fine you not only for the lack of a mudguard, but also for other faults that drivers often do not attach importance to.

For example, if the car's windshield wiper, glass heating devices do not work, the door locks are faulty, the fuel tank caps are faulty, and even the driver's seat adjustment mechanism is faulty. The penalty for these malfunctions in 2019 is a fine of 500 rubles, just like for the absence of a mudguard. Therefore, the driver should be attentive to the technical condition of his car, which will allow him to avoid paying a fine.

What is the fine for driving without mudguards in a car in 2020?

A mud flap is a small-sized part, usually made of plastic material, located on the rear of the vehicle’s fender, which helps prevent splashes from snowy or wet roads and small stones from flying out from under the wheels. Not every motorist pays attention to whether this part is still there or no longer exists, since its service life is not very long and it can simply disappear in the first two to three months of regular use of the car.

What types of fines are established for the absence of mudguards?

Russian legislation has a separate fine applied by traffic police officers to car owners who drive without mudguards. Its magnitude is relatively small, but the very fact of receiving it and the material costs still entail an unpleasant aftertaste.

Today there is only one type of fine:

The absence of mudguards on the rear part of the car wing is a fine of 500 rubles.

Further in the article we will talk in detail about this fine, how it can be avoided and about the main provisions of the Code of Administrative Offenses in this regard.

There are no mudguards on the car, what fine will I have to pay?

Article 12.5 of the Code of Administrative Offenses of the Russian Federation, Part 1 states that an employee of the traffic police department of the State Traffic Safety Inspectorate is obliged to issue a fine to the administrator. an offense for not having mud flaps on the motorist's car. Moreover, this article is a reference to the list of provisions for admission to the start of operation of motor vehicles, on the basis of which a traffic police officer decides whether the car is ready to drive. Mud flaps are an integral element that must be present in the vehicle along with the headlights. Therefore, if your vehicle does not have them, then the inspector has the right to point out this point to you and apply a fine to you.

As of 2020, the fine for this administrative offense is 500 rubles. In addition, the law of the Russian Federation does not indicate that if the mudguard breaks off or is damaged, then the car owner can follow to the place where this minor breakdown is repaired.

If the mudguard on your car is suddenly damaged, then you must purchase new ones yourself and attach them (you can call a special technician for this purpose) and only then drive on. Moreover, for such an offense a warning is not issued, but a fine is issued immediately.

What happens in practice?

In real life, car owners driving vehicles without mudguards are issued a fine extremely rarely, since it is difficult to visually see that this part is missing when the vehicle is moving. Traffic police officers notice this only if they have come into conflict with the car owner and they need to find fault with something. Moreover, many motorists are not aware of the existence of this penalty and are very surprised when inspectors “get to the bottom of them” about this.

But such actions by employees of the State Traffic Safety Inspectorate are completely legal, and if they discover that there are no mudguards on the vehicle, then they can legally issue you an admin report. offense, and then you will have to spend money on paying a fine. It’s just that most often they have no desire to deal with such a minimal violation, and they do not want to draw up a whole protocol because of it.

I was issued a fine, what should I do now?

If a traffic police officer discovers that your vehicle has a broken or missing mudguard, he will immediately begin the procedure for issuing an administrative resolution. violation. In accordance with the law, you can appeal/challenge this document to the regulatory authority. The traffic police officer only needs to immediately indicate his disagreement with the preventive measure being applied and insist on reducing the punishment from a fine to a warning to eliminate this minor malfunction.

Considering that inspectors themselves don’t particularly like to get involved in drawing up protocols for minor violations, you have a good chance that the traffic police officer will change his mind about issuing you a fine. Using the money you would use to pay off the fine, we recommend purchasing and installing a splash guard, so as not to get on your nerves in the future and not get into conflicts with law enforcement inspectors.

To avoid the cost of paying a fine for the absence of mudguards, it is enough to inspect your car once a week and carry out a technical inspection more often, during which the absence or simply breakdown of this part can easily be revealed. If it turns out that something is wrong with it, then it is necessary to replace it immediately, and not put it off in a long box, hoping that the inspectors will not notice it.

If a new vehicle doesn’t have mudguards, is it necessary to install them so that I don’t get fined?

People who purchase modern cars often wonder whether they need to install mud flaps on them. Quite a long period has passed since everyone drove vehicles on which this part was present in a rubber version straight from the factory. Today you can hardly find mud flaps on new vehicles anywhere. Moreover, now even many models do not include mountings for them at all. Car owners can only build something on their own or resort to the developments of other companies, which, due to their lack of versatility, are not suitable for everyone.

The main purpose of mud flaps is to maintain visibility for passing cars, which can easily be disrupted due to splashes flying out from under the wheels. That is, this detail can be classified as a safety element. Why did car manufacturers suddenly decide to neglect the safety of car owners, because it is one thing to save on installing plugs, stops and other little things, and another thing to save on mud flaps, which play an important role in safety.

It is clear that no one will allow cars that do not meet the standards to be sold. There have already been similar cases with the VAZ 21099, when its rear part was strongly raised and because of this the wheels stuck out. Now think about what it would be like to drive behind him on a very snowy and windy day. Now imagine that the Infiniti FX45 is driving in front of you, the rear wheels of which are set much deeper for the sake of design and capacity.

So, Russian laws and regulations say nothing about mud flaps on passenger cars. However, the definition of “splash protection system” exists. The guest standards say that the location of the wheel axle should be level with the lower edge of the vehicle body, as well as how long the overhang should be and at what angle of inclination. If, when choosing a car to buy, you do not find mudguards, then during its manufacture the arch was made in accordance with all the requirements stipulated by GOST.

At the same time, many car owners who follow the release of new cars have noticed that front mudguards are now installed on cars, but not rear ones. This is all set at the discretion of the manufacturer. Some people do this to protect the sills from sandblasting on vehicles with front-wheel drive. Most often, there are no mudguards on the rear axles due to the financial benefit of the manufacturer.

As for stones flying out and falling from under the wheels into the front windows of a vehicle, there are many cases where even this special protection did not save. For example, once on a forum a car owner wrote how he was hit in the windshield by a stone from a car in front, despite the fact that the arch was quite low and the wheels themselves were set deep, and in addition to this there were also mud flaps. Therefore, they are far from a panacea for stones.

Fine for lack of mudguards 2019

What is the fine for not wearing mudguards in 2019?

The traffic police fine for the lack of mudguards in 2019 is

Article 12.5.1 of the Code of Administrative Offenses of the Russian Federation

A mudguard, also known as a mudguard, is a plastic or thick rubber lining installed on the rear of the car's fender. It often happens that only a small part of the mudguard remains, hanging on the wing (especially in winter), or they are completely torn off by the roots. Some people don’t even pay attention to it, but mudguards are not installed for aesthetics. They protect cars driving behind, as sand and stones constantly fly from under the rear wheels. A stone thrown at high speed can chip the paint or leave a crack on the windshield of the car driving behind you.

On many modern cars, the function of a mudguard is performed by the special shape of the wings and bumpers; therefore, there are no mudguards. If you want to install them yourself, despite the fact that mud flaps are not provided by the manufacturer for your car, this will be regarded as a change to the design of the car. Therefore, this change must be registered and noted in the PTS.

Mud flaps are included in the list of mandatory elements that must be installed on a car, and their condition also needs to be monitored, as well as the general technical condition of the car. If the mudguards are damaged, they must be replaced as soon as possible.

Traffic police inspectors, as a rule, do not find fault with this malfunction, but they have every right to do so. The fine for the absence of mudguards is 500 rubles under Article 12.5.1 of the Code of Administrative Offenses of the Russian Federation. Please know that if your car is not equipped with mud flaps by the manufacturer, the traffic police officer does not have the right to issue you a fine. The fine can be paid with a 50% discount within 20 days.

Remember, when driving a vehicle, the driver has an obligation to ensure that it is in good working order before driving. Mud flaps protect other road users from falling stones from under the wheels.

Is it possible to drive without mudguards?

The fine for mud flaps, or rather, for their absence, is regulated by Art. 12.5 of the Code of Administrative Offences. According to it, it is strictly prohibited to operate vehicles whose equipment does not meet the requirements of the manufacturer. What amount of punishment the Code of Administrative Offenses provides for such offenses, and whether it is possible to avoid punishment legally, we will have to find out in the article below.

What are mud flaps for?

Mud flaps on a car are special linings located under the rear and sometimes under the front wheel arches. Typically, such a part is made of dense rubber, although a lightweight, plastic version of the product is often used on passenger cars. The mudguard serves solely to protect vehicles behind from getting stones and other debris into the windshield.

It is important to know! At high speeds, gravel, crushed stone and other hard rocks, of which there are many on the road surface, can not only damage the car, but also lead to more serious consequences, such as injury or even death to a person. In order to prevent such troubles, the administrative code introduces fines for driving without mudguards in 2019 for all categories of drivers.

Legislation regarding the presence of mud flaps on cars

According to the legislation of the Russian Federation (namely, Article 7.5 of the Traffic Regulations), the mudguard can be made of rubber or soft plastic, capable of holding back not only dirt, sand and water, but also stones flying at high speed from under the wheels. The absence of this protective element does not entail a fine only in two separate cases:

Mud flaps are installed only on the rear pair of wheels (on the front axle, pads are optional);
The mentioned part is not provided in the factory design of the vehicle.

And if everything is clear with the first situation, then the second circumstance causes a lot of controversy between drivers and traffic police inspectors.

The mudguard itself must have a cast form (if it consists of two or more parts, then no gaps are allowed between them), and fully comply with GOST 52422 of 2005. It includes the following items:

The lower part of the protective part can be located at a distance of no more than 200 mm from the asphalt surface;
The inside of the splash guard must be equipped with a special device for retaining water;
The angle of inclination of the pad cannot exceed 10 degrees against the vehicle;
The width of the protective part must correspond to the width of the wheel or extend beyond it (no more than 200 mm).

At the same time, State Traffic Inspectorate employees can fine the driver both for the complete absence of mud flaps and for their non-compliance with GOST. But the amount of the financial penalty in both cases will be the same, since the Code of Administrative Offenses does not provide for a separate article for failure to comply with uniform standards.

Grounds for imposing a fine

According to the Code of Administrative Offenses, an employee of the State Traffic Inspectorate can issue a fine to the driver for the absence of mud flaps on a car in 2019 on only two grounds:

Visual non-compliance of the part with the established GOST (the pad is too narrow, short, or there are holes on it that appeared as a result of wear);
Virtual absence of mudguard.

At the same time, the driver will not be able to appeal the traffic police decision, citing the fact that the part fell off when the car was last used. After all, the Code of Administrative Offenses strictly prohibits driving a car without mudguards. If they break down, the car owner must replace them on the spot: independently or by calling a specialist.

Amount of fine for lack of mudguards

In accordance with Art. 12.5 of the Administrative Code, driving without mudguards in 2019 will be subject to a fine of 500 rubles (for both motorcycles and four-wheeled vehicles of class B, C, D). And even though a violation of this kind falls into the light category, the driver is not entitled to a warning for it.

In practice, State Traffic Inspectorate employees rarely issue orders under Art. 12.5 of the Code of Administrative Offences, limited to only an oral remark. But repeated ignoring of the mentioned article in a short period of time can increase the likelihood of liability for the lack of mudguards.

How to avoid a fine

If you were stopped by a traffic police officer for not wearing mud flaps, but he did not have time to draw up a report yet, then you have every chance to avoid this procedure by citing the following arguments:

Protective pads are not provided on the vehicle by the manufacturer (mudguards were not installed on most domestic vehicles. Moreover, the inspector must prove that the mentioned part belongs to the design of the vehicle. Otherwise, he will not be able to fine the driver under Article 12.5 of the Administrative Code);
The mudguard fell off during the last time the car was used and at the moment you are moving towards a repair shop in order to fix the problem (although according to the rules this circumstance is equivalent to a violation, in practice inspectors can take pity on the car owner and let him go, making only a verbal remark);
If a traffic police officer insists on issuing a fine for the lack of mud flaps, under no circumstances agree with the punishment received, and demand from the police a blank form for drawing up an explanatory note (in the last document it is necessary to mention that there were no problems when leaving the parking lot. This will help you in further challenging the protocol in court).

Attention! Art. 12.5 of the Administrative Code is not considered serious, which is why you can evade responsibility for non-compliance even through a banal conversation with representatives of the traffic police. But if a conflict situation arises with patrol officers, the driver will be able to defend his rights in court.

Is it possible to challenge the punishment?

Having received a decision on violation of paragraph 7.5 of the traffic rules, the driver can appeal the punishment imposed by the inspector in court. To do this, it is enough for him to refer to the following facts:

The State Traffic Inspectorate employees do not have a certificate of non-compliance with the design of the car (this document is the only legal confirmation that mud flaps must be installed on a specific car without fail);
Lack of evidence (if traffic police do not have time to record the offense itself and the culprit who was driving the vehicle at the time of its malfunction, the resolution will be automatically invalidated);
Drawing up a protocol, ignoring the explanatory note (if the car owner puts forward a version that the protective overlay was present during the period of leaving the parking lot, then in court, most likely, he will be acquitted).

You can also challenge the issue of the mudguards not complying with the unified GOST, reclassifying the case as an “unreasonable stop”, for which the inspectors themselves will bear the punishment.

We found out what the fine is for not having mudguards in 2019, and how you can avoid liability without going beyond the law. In conclusion, it remains to add that in most cases, the issue of violation of paragraph 7.5 of these rules is resolved on the spot, through a banal conversation with traffic police officers. After all, it is quite difficult to prove the driver’s guilt in this case, and challenging the protocol will not be difficult.