Fine for transferring control to a person without rights

Punishment and fine for handing over the steering wheel to a person without a license

The content of the article

The owner of the car can transfer control to another entity. This can be done on the basis of a written power of attorney or by oral order. However, if the trusted subject does not have a driver's license or drives the car while drunk, the owner may face serious problems with the law. In this article we will tell you what consequences entail the transfer of the steering wheel to a person without a license or to a drunk driver.

What is the possible punishment for handing over the steering wheel to a person without a license?

Traffic regulations prohibit operating a vehicle if the driver does not have the right to drive or is intoxicated. These prohibitions must also be taken into account by the owner of the car who transfers it to another person for control. Under certain conditions, he himself may become involved in an administrative case.

The law provides for the following types of liability if it is proven that the steering wheel was transferred to a person who does not have a license or is a drunk citizen:

sanctions for transferring control to a person who obviously does not have such permission;
punishment for handing over the steering wheel to a drunk citizen;
There is no criminal liability for the listed acts, since the driver himself will bear the punishment for all the consequences.

Note! Only the owner or other legal owner of the car can be held liable. If control was transferred to a citizen who does not have any authority over the car, he will not face sanctions.

The wording of the listed options makes it possible to impose a fine for handing over the steering wheel to a person without a license, not only when the fact of the violation is revealed. It is necessary to prove that the owner knew about the absence of such a driving permit. We will discuss below how this fact can be proven.

Transferring the steering wheel to a person who does not have a driver's license and is intoxicated

When issuing a power of attorney or transferring control by oral order, the owner has the right to assume that the authorized person has a driving permit. The principle of good faith implies that when getting behind the wheel, the driver reports on compliance with traffic rules, which means he has a valid license. The text of the power of attorney does not need to indicate the presence of a driver’s license or the obligation to drive only when sober - every citizen must comply with such requirements of the law.

Let us highlight the key conditions that must be proven to hold the owner accountable:

Note! The traffic police officers drawing up the protocol must prove these facts. The evidence can only be assessed by the court to which the case materials are received.

In practice, the real punishment for handing over the steering wheel to a person without a license is only if the driver is under age. Accordingly, a fine will be imposed for handing over a car to a drunk driver if the owner was with him while driving. If both violations are proven simultaneously, you will have to answer under two articles of the Code of Administrative Offenses of the Russian Federation at once, and when imposing a punishment, the court is obliged to apply the most severe sanction.

Transfer of control to a minor

You can legally obtain a driver's license only when you are 18 years old. The exception is a motorcycle, which can be driven by minors over 16 years of age. Therefore, handing over the steering wheel to a driver without a license will be obvious if the citizen is under 18 years of age.

When considering the case, the court must assess whether the owner could have assumed that the trustee had not reached the specified age. Naturally, if the transfer of the steering wheel to a person without a license occurred between relatives or family members, it is almost impossible to avoid punishment.

Transferring a car to a person without a license for the duration of driving lessons

Art. 12.7 of the Code of Administrative Offenses of the Russian Federation contains a special restriction for punishing citizens who have transferred control for the period of driving training. In this case, transferring the steering wheel to someone without a license will not entail punishment under the following conditions:

if the car met all the requirements for training driving - dual controls, special markings, a special mirror system, etc.;
if the student’s control is accompanied by the presence of an instructor throughout the entire practical driving route;
if the student received a steering wheel during class - if the violation occurred outside the framework of the curriculum, a fine will follow according to the general rules.

Note! The instructor must have with him documents confirming permission to study - a contract, license, waybill, etc.

Naturally, it is the responsibility of the instructor to check the student for intoxication. If a drunk student is allowed to drive, the inspector will be punished.

Fine for handing over the steering wheel to a person who does not have a driver's license

What punishment does the owner face for transferring the steering wheel if the contents of Art. 12.7 Code of Administrative Offenses of the Russian Federation? First of all, we note that a driver cannot be deprived of his license if he does not have one in the first place. Therefore, the traffic police officer is obliged to:

remove the offender from driving the vehicle;
detain the car until the owner or his authorized person arrives;
draw up a protocol according to which the citizen faces a fine in the amount of 5 to 15 thousand rubles.

If the owner was in the car, a protocol will also be immediately drawn up against him. This does not mean that guilt of the offense is automatically confirmed. The court will consider evidence that the owner knew about the absence of a driver’s license.

Will there be a fine for handing over the steering wheel to a person without a license if the owner was not in the car at the time of the arrest? In this case, the fact will also be checked whether the owner of the car was obliged to know that the driver did not have a license. The protocol will be drawn up in absentia, since the registration data of the detained car can be easily obtained from the traffic police register.

For the car owner

What is the penalty for transferring the steering wheel if the owner’s guilt is proven? The sanction can only be imposed in the form of a fixed amount of 30 thousand rubles. The owner will be deprived of his license only if the driver, who does not have permission to drive, is drunk. In this case, a trial is appointed simultaneously with deprivation of rights, as well as a fine of 30 thousand rubles.

Is it possible to appeal, mitigate the punishment or fine?

Despite the difficulties with proving the articles in question, without the support of a professional lawyer it is extremely difficult to get the decision overturned. Handing over the steering wheel without a license entails a potential danger for all road users. Therefore, the only option for challenging is to prove that the owner did not know and could not know that the driver did not have a license. Mitigation of punishment or reduction of the fine is impossible, since Art. 12.7 of the Code of Administrative Offenses of the Russian Federation allows only a fixed amount of sanctions.

Transferring the steering wheel to a person who has been deprived of the right to drive or does not have a driving permit at all is considered an administrative offense. If it is proven that the owner knew about the lack of rights, he will receive a fine in the amount of 30 thousand rubles. If the car was also transferred to a drunk driver, in addition to the specified fine, the owner will be deprived of the right to drive.

If you are facing a fine for handing over the steering wheel to an unlicensed driver, contact our lawyers for help. We will explain the rights of the owner and driver, the consequences of the articles of the Code of Administrative Offenses, and appeal the illegal decision. You can get advice on all questions by calling the numbers listed on the website or using the feedback form.

ATTENTION! Due to recent changes in legislation, the information in this article may be out of date! Our lawyer will advise you free of charge - write in the form below.

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.

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:

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:

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:

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.

Transferring control of a car to a person who does not have a license

Good afternoon, dear reader.

Today we will talk about transferring control of a vehicle to a person who does not have a license.

The article will consider the fine for this violation of traffic rules, as well as situations in which it can be imposed:

Transfer of control to a person who does not have rights

The prohibition on transferring control of a vehicle to a driver who does not have a driver’s license of the appropriate category is established by clause 2.7 of the traffic rules:

2.7. The driver is prohibited from:
.

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 Rules;

Clause 2.7 of the rules implies that the owner of the car, before transferring control of it to another person, must check that he has a driver’s license of the appropriate category.

However, in practice, few people do this, so cars often fall into the hands of drivers who have forgotten their driver’s license, have no license at all, or have been deprived of their license.

Let's consider several typical situations of transferring control of a vehicle to a person who does not have a license.

Handing over a car to a child

A fairly common situation is handing over the steering wheel to your own child. Some parents believe that they can teach their child to drive much better than any instructor at a driving school. I do not rule out that this is indeed the case, however, starting training with a deliberate violation of the rules is a bad example for your child.

Buying a scooter or moped for a minor

Another typical situation is the purchase of a category M vehicle (scooter or moped) for a child who does not have a license. Many parents do this the old fashioned way, because a few years ago it was possible to drive mopeds without a driver’s license.

Just as in the previous case, parents deliberately violate the requirements of the rules and risk receiving a fairly substantial fine.

Transferring control to an unauthorized adult

A much more difficult situation is transferring control of a car to an adult who does not have a license. After all, in a situation with a child, everything is immediately clear; the owner of the vehicle knows in advance what risk he is taking. A child is a child. But by the appearance of an adult it is impossible to determine whether he has a certificate of the appropriate category.

To avoid getting fined for handing over the steering wheel to someone who doesn't have a license, don't hesitate to check the new driver's driver's license in advance. And do this every time before you give him the car keys. After all, as you know, obtaining rights can take months, but you can lose them in a matter of minutes.

In addition, I recommend checking your ID in the traffic police database. If the driver is deprived of his license, this will be immediately visible:

Note. In 2020, it is possible not only to deprive a driver of his license, but also to temporarily suspend his license by bailiffs for debts. If you hand over control to a driver who has a license, but it is suspended, then no fine should be imposed. This issue is discussed in more detail in a separate article.

Fine for transferring control of a vehicle to a person without a license

The fine for transferring control of a vehicle to a person who does not have a license is provided for in Part 3 of Article 12.7 of the Code of Administrative Offenses:

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 has been deprived of such a right -

shall entail the imposition of an administrative fine in the amount of thirty thousand rubles .

Its size is 30,000 rubles . This fine will be imposed in all typical situations discussed above (when transferring control to a person who does not have rights or has been deprived of rights).

Note. This fine can be paid with a 50% discount. In this case, its size will be 15,000 rubles.

I would like to draw your attention to the fact that the article is about a person who obviously does not have the right to manage. Those. There are situations in which the car owner can avoid a fine:

If the owner did not know that the person was deprived of his rights . For example, the owner of the car checked that the driver has a license of the appropriate category or subcategory. However, it later turned out that the driver was deprived of his license, but did not hand it in on time.
If the owner handed over the car before the driver lost the right to drive the vehicle. For example, the car was given to Alexander for use 6 months ago, and 2 months ago Alexander was deprived of his license.
If the owner did not transfer his vehicle to the driver, and the driver took possession of it on his own initiative. In this case we are talking about vehicle theft , for which the driver can receive up to 5 years in prison. So I don’t recommend using this method if the car was actually driven by a person you know. It is better to pay a fine of 30,000 rubles than to send a person to jail.

I emphasize once again that the above fine is imposed only if the driver does not have the right to drive vehicles (does not have the appropriate category or is deprived of the license). If the driver simply forgot his license at home, the car owner will receive a smaller fine - 3,000 rubles :

3. Transferring control of a vehicle to a person who does not have documents for the right to drive it -

entails the imposition of an administrative fine in the amount of three thousand rubles .

This article discussed the fines that can be imposed on the owner of a vehicle for transferring control to a person who does not have a license.

As for the driver himself, there is a separate fine for him for not having a driver’s license (up to 15,000 rubles).

Well, in conclusion, I suggest you watch a video about what can happen when transferring control of a car to an untrusted driver:

I am sure that after reading this article and watching the video, you will give up the very idea of giving control of a car to a person who does not have a license.

Fine for transferring control to a person without rights

In Russia, fines have been seriously tightened in recent years. The situation itself, which has become heated to the limit, is pushing for such a measure. A huge number of accidents, malicious violations - all this forces the state to act quickly and harshly.

One of the most serious types of punishment can be called a fine for transferring control to a person without rights. This measure is enshrined in the Code of Administrative Offenses and applies not only to the person who was caught driving, but also to the owner of the vehicle. Responsibility rests with him, and if you try to place all the blame on the driver of the car, you can get an even more serious punishment.

Note! The most serious types of liability threaten for such situations when the person driving is found to be drunk. Then severe measures will affect not only the driver, but also the owner of the car.

What are the penalties for driving a car without a driver's license?

Firstly , only a traffic police inspector can fine you for illegal driving. To do this, he must stop the offender.

Secondly , in Chapter 12 of the Code of Administrative Offenses of the Russian Federation there is a clear division into categories of this offense.

The mildest punishment for handing over the steering wheel to a person without a license is a fine in 2018 of 3,000 rubles*. The driver of the vehicle is punished, not its owner. In this case, it means that the driver’s license was forgotten or simply was not presented in fact.
If a minor is caught driving, this is guaranteed to entail a double fine. The matter concerns not only cars, but also motorcycles and mopeds, which also have their own category due to the high accident rate on the roads.
The most serious fine is imposed for handing over the steering wheel to a person who does not have a license at all. Then the penalty will be 30 thousand rubles and deprivation of the vehicle owner’s driver’s license for up to 1 year. A characteristic feature is that this measure of responsibility includes not only those persons who have not completed training in a driving school, but also those who have been deprived of a driver’s license for any offense before.

Driving without a license

Therefore, based on a fairly transparent scale of penalties, you need to remember forever that a driver in Russia does not have the right to transfer his vehicle to the following persons:

drunk;
children;
people in a state of illness;
people under the influence of drugs;
people without a driver's license.

Note! A very serious violation also deserves special mention, which actually sounds like “driving a vehicle without the knowledge of the owner of the vehicle.” Owners who will try to “shift” all the blame onto the person who was driving may fall into this category.

Such an incident is not interpreted as theft, and for these situations there is a special type of fine. In this case, the inspector can fine the person who was actually caught driving 120 thousand rubles* or the amount of the culprit’s income for up to 1 year. The most severe punishment is restriction of freedom for up to 3 years or complete imprisonment for up to 5 years. Other options for penalties that can be imposed by the court: forced labor for up to 5 years.

The owner of the car will not suffer, but will he be able to calmly endure the fact that another person will be subject to such a serious punishment? Therefore, there is definitely no point in declaring that a person without a driver’s license got behind the wheel, and the owner of the car did not know this. The measure may turn out to be more than serious.

How will you be fined if you put a drunk driver without a license behind the wheel?

Perhaps the most severe fine is always imposed when a drunk person is caught driving. This is understandable, in our country a lot of accidents occur due to the fault of drunk car drivers. It's even worse when people die in these incidents.

Important! Responsibility rests not only with the culprit drivers, but also with the car owners who hand over the steering wheel to a drunk person. This is not to say that the responsibility will be less serious.

Firstly, it makes sense to say what kind of punishment is imposed on the person driving, who happens to be drunk, and the owner of the car:

The vehicle is stopped and sent to the parking lot until the circumstances are clarified. The driver undergoes a medical examination, and if the fact of drunkenness is confirmed, he is subject to a fine of 30 thousand rubles*. The owner of the vehicle is deprived of his driver's license for one and a half or two years by court decision.
If a drunk driver has already been deprived of a driver’s license or does not have one at all, then an arrest of up to 15 days may be applied. Deprivation of the rights of the owner of the car occurs in the same order.
Severe punishment is imposed for repeated violations. A drunk driver can be punished for up to 300 thousand rubles* or sent to forced labor (up to 480 hours). Such a violation may result in criminal penalties of up to 2 years in prison.
If an accident occurs due to the fault of a drunk driver, who was given the right to drive the car, then he can go to prison for up to 7 years if there is one death and up to 9 years if there are several victims.

Responsibility for violation is inevitable

If we talk about the owner of the vehicle, then he is punished by deprivation of his driver's license for transferring his car. All other responsibility falls on the shoulders of the person who was driving.

How can you prove you are right?

For such a serious punishment, inspectors invite two witnesses. These should not be interested people. Therefore, your line of defense can be built on evidence that there were no witnesses or that the document was drawn up incorrectly in their presence.

In order to challenge the inspector’s decision, you need to immediately present your arguments on the decision and not sign. Next, everything will be decided by the court. Naturally, the opinion must be valid.

Note! If you sign the form of a traffic police inspector, then there will be practically no chance to prove your innocence.

You can note the absence of a medical device protocol for examination, attract outside witnesses or video recorder testimony. All this will be taken into account by the court, and if the illegality of the traffic police officer’s actions is proven, then the decision can be canceled.

How to pay fines

The law states that if you pay the fine within the first 20 days, you will receive a 50% discount. If you transfer control of a car (moped, motorcycle) to a person without a license, you can pay off the fine at a discount. But only if the offender was sober. This discount does not apply to drunk drivers or repeated violations.

You can pay fines in the traditional way: by appearing in person at the traffic police. The second option is repayment using the resolution number and passport on the inspection website. Also, the right to pay a fine is provided on the government services website, but only vehicle owners can do this (since you will need to enter the VIN of the car).

What are the prospects for this offense?

The situation is that at the moment all fines are only becoming more stringent over time. This is because the road situation is very difficult. There are a lot of cars, and more and more unscrupulous drivers are appearing on the roads. Therefore, we can safely say that the punishment for transferring control of a car to a person without a license is still quite serious. And the likelihood of its mitigation is not considered.

You must always obey the law

How can you avoid punishment?

To avoid any problems, the most correct action is to make sure that a person with a driver’s license is driving the car.

Situations are different. Someone may feel unwell or drink too much. But if you are not sure that the person replacing you at the wheel has the right to drive the car, then it is best to order a taxi and leave the car.

Therefore, it is better to prevent a fine and not allow a driver to drive without a license, otherwise, in the worst case, there may be an accident or even casualties.

*Prices are current as of July 2018.