Fine for an expired fire extinguisher in the car

What is the fine for driving without a fire extinguisher?

A fire extinguisher, along with a first aid kit and a warning triangle, are the most popular items to be checked in a car by traffic police officers. However, most drivers are not aware of the procedure and regulations for this procedure.

In the article below we will look at the procedure for inspecting a car, what actions the driver and the traffic police officer need to take, when the latter can require the provision of a fire extinguisher and when not, what the fine is for the absence of a fire extinguisher.

Procedure for providing a fire extinguisher

Let's start with the fact that many drivers do not know what actions a traffic police officer must take to inspect a fire extinguisher, as well as a first aid kit or a warning triangle.

The traffic police officer, firstly, is obliged to name the norm according to which he requires the presentation of a fire extinguisher and, in which case, issue a fine for the absence of a fire extinguisher in the car. As of 2019, there have been no legislative changes in this regard; paragraph 7.7 of Chapter 7 of the Traffic Regulations provides a list of faults for which the operation of the car is prohibited, including the absence of a fire extinguisher. Often the guardian of the law calls orders from the Ministry of Internal Affairs, but these documents are internal to the traffic police and do not concern drivers and other road users.

According to traffic regulations, a traffic police inspector can check the presence of a fire extinguisher only during the inspection procedure.

Inspection is an examination of a vehicle carried out without violating the integrity of the vehicle’s structure to detect instruments or objects of an administrative offense.

There are clearly defined conditions for carrying out the inspection procedure:

the traffic police officer has reason to believe that there are objects or instruments for committing an offense in the car;
there are good reasons to check the car for the presence of dangerous substances (ammunition, chemicals, narcotic substances, etc.);
the driver or passenger of the car was detained administratively.

That is, the inspector does not even have the right to demand an inspection if he simply doubts the presence of a fire extinguisher in the car .

When conducting an inspection, a traffic police officer is required to draw up an inspection protocol , and he must do this immediately before the inspection procedure. It also stipulates that the search is carried out only in the presence of witnesses (at least two) or the procedure must be recorded materially (video recording).

If a traffic police officer ignores these conditions or issues a fine for a fire extinguisher (its absence) in violation of the inspection procedure, then these actions can be appealed administratively, since they fall under the article “Arbitrariness”.

What is the fine for driving without a fire extinguisher?

If the driver himself admitted to the absence of a fire extinguisher or it was revealed during the inspection process, the fine is provided for in Article 12.5 of the Code of Administrative Offenses and is a fixed amount of 500 rubles . But it is immediately indicated that instead of a fine, a traffic police officer can issue a warning without a fine (which drivers forget about, and inspectors, naturally, remain silent about).

The traffic rules indicate that if unforeseen situations arise on the road, for example, it was necessary to put out a fire, then the driver must go to the place of repair or troubleshooting (in the case of a fire extinguisher, to the store to buy a new one). This should be reported to the inspector.

Expired fire extinguisher

If a traffic police officer intends to issue a fine for an expired fire extinguisher, then you can also say that you are about to buy a new one or refill with a reagent.

If the fine is issued legally, it is also 500 rubles, since it falls under the same standard (driving a car with faults), that is, in this case, you can require a warning rather than a fine.

As of 2019, the fine for this violation is relatively small, but it must be issued in accordance with all the rules (which does not always happen). However, it should be understood that the presence of a fire extinguisher is not just a whim of traffic regulations, but an additional condition for the safety of road users.

Fine for not having a first aid kit and fire extinguisher in a car in 2019

Every driver should know the options for developing a situation in which a traffic police inspector has the right to check the presence of a first aid kit and a fire extinguisher in a vehicle, and also issue a fine for their absence in 2019. The further development of the situation and the possible outcome of the dispute with a representative of the law will depend on legal awareness. With a favorable set of circumstances and well-structured defense, you can defend your rights and point out gaps in the traffic police inspector’s knowledge of traffic rules.

Can the traffic police inspector check the presence of a first aid kit and fire extinguisher?

The traffic police inspector has a wide range of rights in relation to drivers, especially if he notices a traffic violation. Regarding the traffic police officer’s demands to show him the presence of a first aid kit and a fire extinguisher to check, every motorist must remember that such requests will be illegal in 2019. In clause 2.1.1 of the traffic rules it is clearly established that, at the direction of the traffic police inspector, the driver must present only the MTPL insurance policy and documents for the car, namely: a vehicle registration certificate, a driver’s license. If there is a “disabled person” sign on the vehicle, document your belonging to this category of citizens.

A first aid kit and fire extinguisher are not included in the list of documents required by the inspector.

The presence of a first aid kit and a fire extinguisher is checked during the technical inspection of the vehicle. Based on the results of the procedure, a diagnostic card is issued, which indicates the serviceability of the vehicle and the possibility of its further operation. Therefore, a traffic police inspector’s request to present a first aid kit and a fire extinguisher in 2019 will simply be illegal. The only way to see the first aid kit in the vehicle is for the inspector to inspect the vehicle.

What is the fine for not having a first aid kit in 2019?

For the absence of a first aid kit in 2019, Article 12.5 of the Code of Administrative Offenses provides for a fine of 500 rubles. The specified amount is fixed and cannot be greater. When imposing an administrative penalty, the traffic police officer may also exercise the right to warn the driver rather than impose a fine. This measure is not popular among inspectors due to its free nature, and drivers simply do not know that there is a chance to take advantage of this opportunity.

Any first aid kit, even one as limited in its range as the one used in 2019 and consisting mainly of bandages and gauze, has an expiration date. This period can be found on the front of the first aid kit, it is printed with printing ink and averages 4 years from the date of manufacture.

An expired first aid kit is the equivalent of a missing first aid kit.

What is the fine for not having a fire extinguisher in 2019?

The mandatory presence of a fire extinguisher in a vehicle is established by the same article 12.5 of the Code of Administrative Offenses as the presence of a first aid kit. Therefore, the fine for not having a fire extinguisher in 2019 will also be 500 rubles. The possibility of imposing a warning instead of a fine also exists.

In order to determine the expiration date for a fire extinguisher, you should pay attention to its type. So, a powder fire extinguisher will last 10 years, but after 5 years it should be recharged. It will be much more profitable to keep a gas fire extinguisher in your car, since its duration is longer. However, it should be checked once a year and recharged every five years.

You should also not forget that if the inspector discovers the absence of a fire extinguisher or an empty cylinder, you can always refer to unforeseen circumstances on the road in which it was urgently necessary to use this fire extinguishing agent. Such situations could be a fire left on the side of the road or smoke under the hood of a passing car. But the employee will still be able to fine him, and everything that is said to justify the driver will only be calculated on the leniency of the inspector.

Do fines add up if a first aid kit and fire extinguisher are missing?

Since the fine for the absence of a first aid kit and a fire extinguisher in 2019 is established by one article 12.5 of the Code of Administrative Offenses, there can be no question of jointly imposing a fine for the absence of both items. So, even if a fire extinguisher and a first aid kit are missing, the fine will be the same 500 rubles as if one of the items is missing. An inspector's attempt to apply a double fine will be illegal.

What must be in a car?

It is mandatory, in accordance with clause 2.1.1 of the Traffic Regulations, that the following documents must be present in the vehicle when using it:

These documents are presented upon the first request of a traffic police officer. In addition to documents, in accordance with clause 7.7 of Chapter 7 of the Traffic Regulations, the following items established by law must be in the car:

fire extinguisher;
first aid kit;
warning triangle;
signal vest.

The procedure for imposing a fine for the absence of a first aid kit or fire extinguisher

To impose an administrative fine for the absence of a first aid kit or fire extinguisher, the fact of the offense must be properly recorded. These actions can only be carried out by a traffic police inspector by drawing up a protocol on administrative responsibility.

In a situation where there is no fire extinguisher and first aid kit, two scenarios should be considered:

Drive independently and voluntarily admitted to not having a first aid kit or fire extinguisher.
The driver refused to admit that there was no first aid kit and fire extinguisher in his car, and this fact was established through an inspection of the vehicle.

In the first case, the traffic police inspector, with the participation of two witnesses or while recording a video, draws up a protocol on the administrative offense and gives a copy of it to the driver. It should be remembered that in 2019 the protocol is not one hundred percent proof of guilt. It will only serve as the basis for drawing up a resolution on an administrative offense. But the resolution will be the basis for imposing a fine for the lack of a first aid kit and fire extinguisher.

The rules for drawing up the protocol are regulated by Art. 28.1 Code of Administrative Offenses of the Russian Federation. The protocol must necessarily contain the location of the offense, the date it was written, the position and name of the traffic police officer who compiled it, as well as information about the offender and the reasons for the detention.

In the second case, when the driver refuses to present a first aid kit and a fire extinguisher for inspection, the traffic police officer will only have to inspect the vehicle. At the same time, a traffic police officer does not have the right to carry out an inspection just for the sake of checking a first aid kit or fire extinguisher. To suppress such actions, the inspector should be reminded of Article 19.1 of the Code of Administrative Offenses “Arbitrariness”. To carry out an inspection, it is necessary to have strong arguments, for example, the presence of a reference to a similar car about the transportation of weapons, drugs, or about the presence of a similar car that was stolen. In such cases, the driver has the right to demand the presentation of an orientation.

If the search could not be avoided, then it should be remembered that it can only be carried out in the presence of two witnesses or with video recording (Article 27.9 of the Administrative Code). In this case, uninterested persons from among other drivers must be witnesses. Traffic police officers are prohibited from involving their partners or trainees as inspectors as witnesses. If this rule is violated, the legality of the protocol drawn up will be easy to challenge.

You can download a sample vehicle inspection protocol here.

What should a driver do if a fine is imposed for not having a first aid kit or fire extinguisher?

To ensure that you avoid a fine for not having a first aid kit or fire extinguisher in 2019, you should purchase the necessary things and forget about problems with inspection. However, if punishment is inevitable, one should remember the possibility of persuading the inspector for softer sanctions - a warning. You can take advantage of a similar case if you convince a traffic police officer that the missing parts of bandages or plasters were just used to help a boy cyclist who fell in front of your eyes and broke his knees. But if you find an expired first aid kit, you can tell the inspector that you are currently heading for the first aid kit.

Having passed the technical inspection will guarantee protection from additional checks for the lack of a first aid kit and fire extinguisher. It should also be remembered that a request for the provision of the above items is legal only during the period of technical inspection, and its conduct by a traffic police inspector on the road is illegal.

Is there a discount on fines for not having a first aid kit and fire extinguisher in 2019?

If payment is made within 20 days from the date of the decision to commit an offense, there will be a discount of 50% of the fine for the lack of a first aid kit and fire extinguisher. Thus, only 250 rubles will be presented for repayment. This measure of support for drivers is an additional incentive to pay fines. At the same time, repayment of a sanction for the lack of a fire extinguisher or first aid kit should be fully perceived as agreement with the offense committed.

Appealing a fine for lack of a first aid kit and fire extinguisher

An appeal against a fine for the absence of a first aid kit or fire extinguisher is possible only if violations are detected in the inspection procedure or in drawing up a protocol on an administrative violation. It is possible to appeal illegal actions of a traffic police officer within 10 days from the date of drawing up the protocol on the offense, as established by Art. 30.1. Code of Administrative Offenses of the Russian Federation. To appeal a protocol on an administrative offense, you must follow the following instructions:

Include your claims in the administrative violation protocol and be sure to make a note of disagreement with its preparation.
Receive a copy of the protocol on the administrative violation.
Write an application to appeal the employee’s actions to his superior management (the head of the territorial traffic police department on whose behalf the employee acts).
Deliver the specified application to the territorial traffic police office in any convenient way (in person, by e-mail, by registered letter with notification).
Request confirmation that the traffic police department has received an application to appeal the actions of the traffic police inspector in imposing a fine for the lack of a first aid kit or fire extinguisher. When sent by registered mail with notification, such confirmation will be considered the signature of the employee who received the letter.
Wait for the traffic police's decision on your application.

If the traffic police response is unsatisfactory, you can also go to court to protect your rights. The possibility of appealing to this authority is also enshrined in Art. 30.1. Code of Administrative Offenses of the Russian Federation. In this case, the first two points will be the same as when appealing to the traffic police. Next you should do the following:

You can download a sample application to appeal a fine for lack of a first aid kit and fire extinguisher here.

How to avoid a fine for not having a first aid kit?

In order to avoid a fine for not having a first aid kit, you should not immediately admit to the employee that you do not have one. If the inspector comes across as persistent enough, then it is worth showing character and reminding that the driver knows his rights:

Ask the inspector to present the ID and record its data in any convenient way. In such situations, video recording of the conversation with the inspector will be a good help.
Demand that the grounds for conducting an inspection of the vehicle be disclosed. When the inspector refers to the orientations, demand that the orientation materials be provided for study.
If the inspector continues to insist on inspecting the car, ensure the presence of two independent witnesses.
Additionally, remind the inspector of the responsibility under Article 19.1 of the Code of Administrative Offenses “Arbitrariness”.

Such instructions will help those who feel that the inspector is acting on principle when receiving resistance to a request to show a first aid kit or fire extinguisher.

When imposing an administrative fine for the absence of a first aid kit or fire extinguisher, you must remember that such an action is permissible only if several nuances are observed:

The legality of the action taken (compliance with all requirements of the Code of Administrative Offenses of the Russian Federation).
The timeliness of such impact (the need to implement punishment immediately after its detection is taken into account).
Addition of penalties that can be imposed for a combination of offenses (in this case, for the lack of a first aid kit and fire extinguisher, only one fine of 500 rubles is imposed).

Knowledge of legal norms and legislation of the Russian Federation when driving a vehicle will significantly save drivers’ nerves, time and money. Legally competent drivers cause great inconvenience to traffic police officers and discourage them from getting involved again without good reason. Legislation in the field of traffic rules should not be regarded only as limiting the freedom of action of motorists. It is also necessary to take into account its benefits when defending one’s rights before government authorities.

Remembering legal literacy, you should not forget about the safety of yourself and your loved ones who are in a driven car. The cost of a first aid kit and a fire extinguisher is so small compared to the problems that can be solved by having them in the car that the choice made in favor of purchasing these products will more than pay for itself during their operation.

Fine for missing or expired fire extinguisher and first aid kit

What is the fine for not having a fire extinguisher and first aid kit? What is the penalty for an expired fire extinguisher and first aid kit? The answer is in this article, be sure to read the material presented.

Fine for not having a fire extinguisher first aid kit and a warning triangle in 2018

Article of the Code of Administrative Offenses 12.5 part 1

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Fine for not having a fire extinguisher

The fine for the absence of a fire extinguisher is provided for in Article 12.5.1 of the Code of Administrative Offenses of the Russian Federation. The penalty for this offense is 500 rubles. However, in 2018, it is difficult to get a fine for not having a fire extinguisher, since its presence can only be checked during an inspection based on compelling reasons.

The only chance to get a fine of 500 rubles. for a fire extinguisher is an admission of the absence of a fire extinguisher in a conversation with a police officer.

Fine for an expired fire extinguisher

An expired fire extinguisher in the Code of Administrative Offenses of the Russian Federation is equated to the situation of the absence of a fire extinguisher. This is logical, because it doesn’t matter for what reason the driver was unable to use the device due to its absence or due to a faulty condition.

The fine is still the same, according to Article 12.5.1 of the Code of Administrative Offenses of the Russian Federation - 500 rubles. However, just as in the case of a missing fire extinguisher, you can only receive a fine if you sincerely repent of its absence. Traffic police officers will not search the car for an expired fire extinguisher.

Fine for not having a first aid kit

Any adequate motorist has a first aid kit in his car. This mandatory item will help in difficult times to stop bleeding, disinfect a wound, etc.

Until recently, a car first aid kit was the cornerstone of the process of communication with traffic police officers. Any irritated inspector could lose his temper and demand to see a first aid kit, fire extinguisher and warning triangle.

After changes in legislation, it is no longer possible to require inspection of such items. The fine for not having a first aid kit remained the same in 2018 – 500 rubles. under Article 12.5.1 of the Code of Administrative Offenses of the Russian Federation, however, a traffic police officer no longer has the right to simply check its presence.

The only chance to get a fine for a first aid kit in 2018 is to admit to not having one. Or incomplete. And even here there is a chance to avoid a fine by informing the inspector that the item was just used to provide first aid.

In recent years, the composition of the first aid kit has changed a lot. The medicines were gone, only bandages, scissors and tourniquets remained. The medications were removed because drivers in a stressful situation could not use them correctly.

Fine for expired first aid kit

The shelf life of a first aid kit in 2018 is 18 months, that is, 1.5 years. However, this time period is very arbitrary. What can happen to scissors, tourniquets and packaged bandages even in 5-6 years?

The fine for an expired first aid kit is 500 rubles. under Article 12.5.1 of the Code of Administrative Offenses of the Russian Federation, but according to the law, traffic police officers cannot check it.

The car, due to its overall weight characteristics, speed indicators, the presence of containers with flammable liquids and high-voltage wires in the design, is classified as an object of increased public danger.

In order for motorists to maintain their personal vehicle in proper condition, the legislator has put forward a number of basic conditions, failure to comply with which in the eyes of traffic police officers makes the car insufficiently safe and leads to fines.

In addition to technical regulations regulating the process of monitoring and adjusting the most important components and assemblies, traffic regulations put forward a clear requirement to have on board the vehicle a number of items that prevent the formation of additional risks and simplify the fight against the development of emergency situations.

Among other things, such items include a first aid kit of the established type and a fire extinguisher that complies with GOST R 41.27-2001. The norm is enshrined in sections of traffic rules 2.3 and 7.7.

The fine for not having a first aid kit or fire extinguisher for 2018 is 500 rubles (or 250 rubles with a discount). However, financial measures are supplemented by the possibility of verbal warning.

A fine for bringing a first aid kit and a fire extinguisher is often used as a measure of influence on boorish drivers. At the same time, in order to check a car for the presence of a first aid kit and a fire extinguisher, a police officer must follow a complex bureaucratic procedure.

Can you be fined for having an expired fire extinguisher in your car?

Yes, they can, if the driver himself admits this or if this becomes clear as a result of the search procedure. Let us say right away that the traffic police officer does not have the right to conduct an inspection only on the basis that he doubts whether the driver has a fire extinguisher or its expiration date.

Clause 7.7 of Chapter 7 of the Road Traffic Rules (SDR) contains a list of malfunctions for which operation of the vehicle is prohibited. Not having a fire extinguisher is also on this list. In this case, the fire extinguisher must have a valid expiration date and be in working order. This is a condition for the safety of the driver and other road users.

How can the police check a fire extinguisher?

The traffic police inspector has the right to check the presence of a fire extinguisher only during an inspection. The grounds for this must be very compelling, for example, the presence of orientation, reasonable suspicions that dangerous and prohibited goods are being transported in this car - drugs, ammunition, etc., as well as when the driver is detained for an administrative offense. Such a procedure must be carried out in the presence of witnesses (at least two people) or must be filmed.

In other cases, the traffic police officer can only conduct a visual inspection of the car and interior (through closed windows).

Thus, the inspector does not have the right to demand inspection, in this case of the trunk, if he doubts the presence of a fire extinguisher or its expiration date.

What's the fine?

If the driver himself admitted to the absence of a fire extinguisher or that it was expired, or the inspector discovered this during a legal inspection procedure, then for the violation the driver will pay a fine of 500 rubles or get off with a verbal warning (Article 12.5 of the Code of Administrative Offenses of the Russian Federation).

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What is the fine for not having a fire extinguisher in a car?

Safe driving on the roads is possible for any driver who follows traffic rules. One of the mandatory conditions for a driver to be allowed on the track is the technical serviceability of the car. And this means not only the absence of obvious damage to the structure.

Each driver is required to have in the car: a fire extinguisher, a first aid kit and a warning triangle. When does the traffic police inspector have the right to check the availability of necessary items and what is the fine for the absence of a fire extinguisher.

You can show the presence of a fire extinguisher in a car in two cases:

during a car inspection
when checking a maintenance ticket or diagnostic card.

Requirements and procedure for vehicle inspection

Inspection is an examination of a vehicle, which does not entail a violation of the integrity of the vehicle’s structure, in order to determine or identify items of violation.

For an inspector to begin inspecting your vehicle, there must be sufficiently compelling reasons. These include:

the grounds on which a traffic police officer may assume that there are objects or instruments inside the car for committing an administrative offense;
information about the possible presence of dangerous substances in the car, which include psychotropic, narcotic, chemical and other substances, ammunition;
administrative detention of the driver or passenger of a car.

You cannot be stopped just to check whether there is a fire extinguisher in your car.

If a decision is made to conduct an inspection, the inspector is obliged, in accordance with the rules:

draw up an inspection protocol before the process itself takes place;
the inspection must take place only in the presence of at least 2 witnesses (an alternative solution is to record the process on a video camera).

If these steps are violated, you can appeal the decision by referring to Article 19.1 of the Code of Administrative Offenses of the Russian Federation on arbitrariness.

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In this case, the inspector is obliged to indicate to you the standard by which he can require you to present a fire extinguisher and issue a fine for not having it in the car.

According to paragraph 7.7 of Chapter 7 of the “List of Faults”, in the absence of a first aid kit, fire extinguisher and warning triangle, operation of the vehicle is prohibited.

But also, according to Part 1 of Article 12.5 of the Code of Administrative Offenses of the Russian Federation, operating a car that has a malfunction is prohibited, with the exception of the absence of a first aid kit, a fire extinguisher and an emergency stop sign, which requires an administrative fine of five hundred rubles or a warning.

What is the penalty for not having a fire extinguisher?

, and provides penalties for not having a fire extinguisher in the car:

the fine for not having a fire extinguisher in the car is 500 rubles;
Instead of a fine, the traffic police inspector may issue a warning .

For example, if on the way you saw a fire and used the device for its intended purpose. Paragraph 3 of paragraph 2.3.1 of the traffic rules will in this case serve as a serious reason not to issue a fine, since you can go to the store to buy a new fire extinguisher. Naturally, with all precautions taken.

The fine for an expired fire extinguisher

The fine for an expired fire extinguisher in a car is 500 rubles and is equivalent to the absence of a fire extinguisher.

Try to avoid a fine for driving without a fire extinguisher and only receive warnings from the traffic police:

tell the traffic police officer that you are going to buy a new fire extinguisher;
you are heading to fill the fire extinguisher with carbon dioxide or powder.

The presence of a fire extinguisher in a car is not so much a whim of the traffic police and traffic police officers, but rather a natural requirement for traffic safety on the road.