Fine for driving without a minor's license

Fine for handing over the steering wheel to a minor 2019

What will be the fine if a minor is caught driving in 2019? Punishment for eating without a license, while drunk, or for causing an accident to a minor.

There are two fines for handing over the steering wheel to a minor. One traffic police fine is provided for the person who hands over the steering wheel, another for a minor who gets behind the wheel and starts driving the car.

The traffic police fine for handing over the steering wheel to a minor in 2019 is:

Article 12.7.3 of the Code of Administrative Offenses of the Russian Federation

The traffic police fine for driving a vehicle without a driver's license for a minor in 2019 is:

Article 12.7.1 of the Code of Administrative Offenses of the Russian Federation

Moreover, if the minor does not have sources of income, the fine will be collected from their legal representatives. In most cases - from the parents (Article 32.2 of the Code of Administrative Offenses of the Russian Federation). Moreover, in special cases, parents or legal representatives may be punished under Part 1 of Art. 5.35 of the Code of Administrative Offenses of the Russian Federation for failure to fulfill one’s duties in raising minors.

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Transferring the steering wheel to a minor without a license

The law directly defines a vehicle as a vehicle of increased danger to others. That is why the law strictly defines the procedures for obtaining a driver’s license and the responsibility for driving a vehicle without a driver’s license. According to the law, a license can be obtained from the age of 16 - from this age it is allowed to drive scooters and low-power motorcycles. The age of administrative liability for violating the rules for using a vehicle is 14 years. Let's consider situations in which control could be transferred to minors without rights:

Transfer to a minor deprived of the right to drive a vehicle. This situation is possible if a minor received the right to drive a scooter, but the license was later taken away from him. In this case, a driver without a license faces a fine of 30,000 rubles, or arrest for up to fifteen days, or compulsory work from one hundred to two hundred hours. Moreover, if the owner of a moped was detained along with the scooter driver, he faces a fine of 30 thousand rubles.
Transferring the steering wheel to a minor without the right to drive a vehicle. (if the transmitter knew that the driver did not have a license). For a minor - a fine of 5 to 15 thousand rubles. The person who “handed over the steering wheel” will receive a fine of up to 30 thousand rubles if it is proven that the handover knew that the driver did not have a license.
Transferring the steering wheel to a minor without the right to drive a vehicle. (if the transmitter did NOT know that the driver did not have a license). For a minor - a fine of 5 to 15 thousand rubles. The person who “handed over the steering wheel” is not fined, since the law clearly states that the person who handed over control must be aware of the lack of rights.

Let us remind you that in cases 2 and 3, the minor could not have a driver’s license due to his young age, and therefore could not take out an MTPL or CASCO policy. Therefore, another article will be added to the offense - the owner of the car will be fined for lack of insurance for the driver.

“Failure by the owner of a vehicle to fulfill the obligation established by federal law to insure his civil liability, as well as driving a vehicle if such compulsory insurance is known to be absent, entails the imposition of an administrative fine in the amount of eight hundred rubles.” Part 2 Art. 12.37 Code of Administrative Offenses:

Thus, the minimum fine if a minor gets behind the wheel without a license is 5,800 rubles. All of the above fines can be paid with a 50 percent discount within 20 days from the issuance of the decision.

Important: in all cases, the car is sent to the impound lot, and the driver is suspended from driving the vehicle.

A minor is drunk and driving

As mentioned above, the age of administrative responsibility is 16 years. That is, his legal representative or parent will be responsible for all offenses of a minor. In any case, the punishment will find its offender. Let's consider three cases of a minor driving.

The offender is over 16 years old, has a category M license, and drives a moped. In this case, the driver will be punished under Article 12.8 Part 1.

Driving a vehicle by a driver who is intoxicated, unless such actions constitute a criminal offense.

Punishment is a fine of 30,000 rubles and deprivation of rights for 1.5 - 2 years.

The offender is under 16 years of age and has no license. In this case, the punishment will be 12.8 hours 3

Driving a vehicle by a driver who is intoxicated and does not have the right to drive vehicles or is deprived of the right to drive vehicles, unless such actions contain a criminal offense

Punishment is arrest from ten to fifteen days or a fine in the amount of thirty thousand rubles.

Drunk minor driving, control was transferred by another person. In this case, both violators will be punished: the minor under 12.8 hours 3, who transferred control to 12.8 hours 2.

2. Transferring control of a vehicle to a person who is intoxicated.

Punishment: the person who handed over control is 30,000 rubles and deprivation of rights for 1.5 - 2 years, the driver is arrested for up to fifteen days or a fine of 30,000 rubles.

Since most often minors do not have their own sources of income, their legal representatives - their parents - will bear the brunt of the punishment.

A minor caused an accident

Since being a minor does not mean that you do not have the right to drive a vehicle, we will consider two cases of an accident committed by a minor.

A minor over 16 years old has a category M license. The accident was caused by driving a scooter or a low-power motorcycle. In this case, nothing special is expected: the minor was legally driving the vehicle. Next he will be investigated and the culprit identified.

A minor without a license caused an accident. In this case, the situation is more complicated: the driver faces a whole list of fines - from 5 to 15 thousand rubles for driving without a license, 800 rubles for not having an insurance policy. In addition, due to the lack of insurance, the driver will have to cover repair costs from his own pocket.

Responsibility for handing over the steering wheel to a minor

According to the law, any vehicle is a source of increased risk. Not only his life, but the life, safety and health of all road users depends on the skill, experience and professionalism of the driver.

Cases when a teenager is driving without a driver's license, proper driving experience and skill are no longer uncommon. A minor is driving - what is the punishment for this offense?

A minor cannot drive a vehicle without a driver's license, be it a car, motorcycle or scooter. What if a minor is caught driving?

According to Art. of 5 to 15 thousand rubles will be applied to a person driving a car and not having the right to do so (with the exception of training driving) . Also, an underage driver will be deprived of the right to drive a vehicle, and the vehicle itself will be detained and sent to an impound lot.

At what age is it legal to drive a moped, motorcycle or car?

You can drive a moped (category M license) from the age of 16.
Persons over 16 years of age are allowed to drive a motorcycle with an engine capacity of up to 125 cm3 (category A1 license).
You can obtain a motorcycle driver's license (category A license) upon reaching 18 years of age.
You can get a driver's license to drive a car (category B license) from the age of 18.

I would like to clarify right away: you can study in category A-B from the age of 16, but you can only obtain a license and personally drive a car or motorcycle after reaching the age of majority .

Responsibility for handing over the steering wheel to a minor

Also, this will not go unnoticed for the owner of the vehicle who has transferred control of the car to a minor. So what fine is provided for the car owner in this case? According to Art. 12.7 Part 3 of the Code of Administrative Offenses provides for punishment for handing over the steering wheel to a minor.

Transferring the steering wheel to a minor without a license in 2019 is punishable by an administrative fine of 30 thousand rubles . The car will accordingly be detained and sent to the impound lot, with all the ensuing consequences. For comparison, previously the fine for this offense for the owner of a vehicle was two and a half thousand rubles.

What happens if the underage driver is drunk?

The punishment for driving a vehicle by a minor is aggravated if the driver was drunk while driving. What fine the owner of the car faces is also indicated in the Code of the Russian Federation on Administrative Violations. In this case, the owner of the vehicle will have to pay a fine of 30 thousand rubles and may be deprived of the right to drive a car for a period of one and a half to two years .

If the offense is recorded a second time, the amount of the fine will increase - 50 thousand rubles, and rights can be deprived for up to three years. Administrative arrest is not applied to a person who has not reached the age of majority and, accordingly, does not have the right to drive a car, and who was in a state of intoxication at the time of driving the vehicle.

In this precedent, according to Art. 12.8 Part 3 of the Administrative Code, a minor violator faces a penalty of 30 thousand rubles .

Video: About minors driving in a TV program

Additional penalties

It is necessary to understand that the owner of the vehicle must perform the functions established by federal law regarding civil liability insurance and driving the vehicle. Accordingly, a teenager driving a car due to being a minor cannot be included in the MTPL insurance policy, and this is already a violation of Art. 12.37 part 2 of the Administrative Code. What is the penalty for violating this paragraph of the Code? Violations of this paragraph of the Code of Administrative Offenses are fraught for the owner of the car with an administrative penalty in the amount of 800 rubles .

If a minor traffic violation offender does not have independent income, then according to Article 32.3 Part 2 of the Code of Administrative Offenses, the fine will be levied on the parents or any other legal representatives. In addition, material about the offense may be transferred to the commission on juvenile affairs.

Also, parents or any other representatives of a minor authorized by law may be brought to administrative liability in accordance with Art. 5.35 part 1. Code of Administrative Offences. It says that for failure to fulfill or dishonest fulfillment of their obligations to raise and support a minor, parents or other legal representatives of a teenager, according to the Code of Administrative Offenses, may be given a warning or a fine in the amount of 100 to 500 rubles. After all, it is not anyone else, but parents who are responsible for the actions of their children.

Any parent thinks that children get into accidents by accident, and will blame anyone for what happened, but not themselves. Dear parents, you and only you will be to blame if your child ends up driving, since you bear full responsibility for him.

A minor driving: what punishment will follow?

The content of the article

Driving underage without a license is a serious violation. It is punishable under the Code of Administrative Offenses of the Russian Federation. In addition, sanctions may follow for the teenager's parents. Read our article about what happens if a minor is caught driving.

When is it legal for a minor to drive?

From the age of 16 you are allowed to drive a moped (category M) and a motorcycle with an engine capacity of up to 125 cubic centimeters (category A1). You can learn to drive a motorcycle and a car at the age of 16, but you can only get a driver’s license and legally drive at the age of 18.

Punishment for driving a vehicle by a minor without a license

If a minor is caught driving, he will receive a fine from 5 to 15 thousand rubles. The sanction does not apply if a person under 18 years of age drives a car during a training drive. Let us list the features of consideration of cases of violations committed by minors:

being under 18 years of age is in itself a mitigating circumstance;
parents are required to notify about administrative detention;
cases are considered at the teenager’s place of residence;
the proceedings are conducted with the participation of the parents of the offender;
if the offender does not have his own income, the father or mother pays the fine.

Note! If the offender is already 16 years old, he will be held administratively liable. However, in some cases, by decision of officials, the teenager may be released from the sanction. In this case, coercive educational measures are applied to him.

What happens if the underage driver is drunk?

We examined the fine for driving without a license for minors. The punishment will be more severe if the teenager was drunk. In this case, the fine is 30 thousand rubles. Administrative arrest does not apply to minors. In addition, the owner of the car who allows a drunk teenager to drive will face sanctions. For him, the fine will also be 30 thousand rubles, plus he will be deprived of his rights for up to 2 years.

If, due to the fault of a minor who got behind the wheel while drunk, the person was seriously harmed, he faces criminal punishment up to and including imprisonment. If a driver is caught drunk again, a fine, work or imprisonment may be imposed.

Is it possible to avoid punishment and how to mitigate it?

It is impossible to avoid punishment for such a serious offense as driving without a license. The exception is situations in which such behavior is justified. For example, if a teenager took a car in an emergency to provide assistance to victims or escape from danger.

The Code of Administrative Offenses of the Russian Federation specifies mitigating circumstances, in the presence of which a less severe punishment may be imposed:

repentance;
voluntary termination of the offense;
confession;
assistance in investigation;
preventing the consequences of a violation;
voluntary compensation for harm;
committing an offense in a state of passion.

In addition, being a minor is itself a mitigating factor. Involve an experienced lawyer in the case, and he will be able to reduce the sanction for the violator. A positive reference about a teenager from school, witness statements, etc. will help.

However, there are also aggravating circumstances that increase the punishment:

continuation of illegal behavior despite police requests to stop it;
repeated driving by a minor without a license;
commission of an offense by a group;
committing an offense while drunk or refusing to be examined.

Transferring the steering wheel to a minor: what is the responsibility?

If the owner of the car puts a minor behind the wheel, he also cannot avoid punishment. The owner faces up to 30 thousand rubles. fine The car will be detained and sent to the impound lot.

In addition, material about the offense may be transferred to the commission on juvenile affairs. It is possible that his parents will have to answer for what the teenager did. They may be held accountable for failure to fulfill or dishonest fulfillment of their parenting obligations. For the first time and without serious consequences, a warning will most likely be issued. A fine of 100 to 500 rubles is also possible.

We will separately focus on fines for entrepreneurs and companies that entrust company cars to minors. The official responsible for security faces up to 20 thousand rubles. fine, and for a company or individual entrepreneur - 100 thousand rubles.

How to avoid a fine for handing over the steering wheel to a minor

It is not possible to avoid sanctions, but they can be mitigated with the support of an experienced lawyer. If he collects evidence that when a minor got behind the wheel due to extreme circumstances, saving someone's life and health, the punishment will be imposed at the lower limit. In addition, the fine may be replaced by educational measures.

We looked at what the punishment is for minors driving. It threatens both the violator himself and the owner of the car who allowed the teenager to drive. The driver can be assigned up to 15 thousand rubles. If he was drunk, the fine increases to 30 thousand rubles. The owner of the vehicle faces the same amount of money; he can also be deprived of his license for 2 years.

Note! Severe punishment is established for those whose fault caused serious injury or death. A sanction up to and including imprisonment will be imposed.

If you have questions about penalties for driving without a license for minors, consult with our experienced auto lawyers. If necessary, specialists will prepare an evidence base and give recommendations on behavior in court.

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.

A minor driving without a license: what is the fine and what else does he face?

Minor driving

The responsibility of minors for driving a car is regulated by the Code of Administrative Offences. He also establishes that such a person is a teenager under 16 years of age. But there are a number of subtleties in this issue, and in the article we will find out what will happen if a 12, 13, 14, 15 year old or younger is caught driving a car in 2019, what will be the penalty for transferring control, and will the minor be registered with the police? , as well as situations when he is drunk and/or has an accident.

What happens if a minor is stopped by the traffic police while driving?

Absolutely nothing. The fact is that persons under the age of majority are not liable for administrative offenses.

So, the Administrative Code does not contain such a thing as a minor at all. But Article 2.3 of the Code of Administrative Offenses says that if a person is under 16 years old, then he cannot be punished. But there is a more specific rule for punishing young people - Article 24.3 of the Code of Administrative Offenses:

1. Proceedings in a case concerning an administrative offense cannot be started, and the started proceedings are subject to termination if at least one of the following circumstances exists:
.

the absence of an administrative offense, including the fact that an individual, at the time of committing illegal actions (inaction), has not reached the age provided for by this Code for bringing to administrative responsibility (except for the case provided for in Part 3 of this article), or the insanity of the individual who committed the illegal actions ( inaction);

Thus, the liability of such persons is not provided for by the current provisions of the law. If a minor is caught driving a car without a license, then as of 2019 he will not face anything. Well, or almost nothing - there will still be evacuation and a number of other subtleties, which we will discuss below.

Can there be rights?

No. In principle, persons under 16 years of age cannot have driving rights.

According to the Federal Law “ On Road Safety ”, the earliest age at which a person can obtain such a right is exactly 16 years old. And we are talking about category M, which gives the right to drive mopeds and scooters with an engine displacement of less than 50 cm 3. From the age of 17, young people can drive motorcycles with a volume of 125 cm 3, and cars and motorcycles only from the age of 18.

Is there a threat of evacuation?

Yes. In this case, the case cannot be initiated, since the driver of the car is a minor without a license. Otherwise, the person would be subject to liability under Part 1 of Article 12.7 of the Code of Administrative Offenses with a fine of 5-15 thousand rubles.

But in our case we are talking about suppressing a violation that falls under this sanction. And there is Article 27.13 of the Code of Administrative Offences, which prescribes that it is precisely in order to suppress a violation according to the above norm that the car must be towed to an impound lot. And it doesn’t matter whether a minor is caught driving or an adult.

But evacuation is illegal if there is a driver in the car with a minor who has the right to drive it - he has a license, a registration certificate, and is included in the OSAGO policy. Or if such a person arrives before the tow truck (more precisely, before the tow truck starts moving with the loaded car).

Will they register with the police?

No. Although the legislation in force in 2019 provides for the registration with the authorities of a minor for driving a car - specifically for any administrative violation (this is regulated by Order No. 845), in fact, they are not registered for one-time such violations. And if a minor is caught again, then they can, but also with not a hundred percent prospect.

Handing over the steering wheel to a minor

And now we finally got to the first legal fine. He is charged for transferring control of a car to a minor.

The fine is quite impressive - it amounts to 30,000 rubles, and the person who handed the steering wheel to a minor is liable. But who is this face? This is not the owner - the current law separates the concepts of owner and owner of the vehicle, and this does not have to be the same person, the owner of the car. The transfer consists precisely in the actual transfer of control - keys and documents to the car.

But in practice, they still attract the owner of the car - the one who is listed in the STS and the last one in the PTS.

How to avoid a fine for passing the steering wheel?

There is a loophole here, but it will end very badly for the minor without a license. It consists in the fact that the only option to prove that you did not transfer control is to declare that the teenager himself took possession of the car against your will. This is called theft and a criminal offense is initiated upon the fact of this violation.

That is, if the one who is accused of transferring control explains that a minor who was caught driving stole a car, from his words a police officer writes down this testimony, and the first one signs, then a criminal case will be initiated under Article 166 of the Criminal Code, and this It will end very sadly for a teenager (part 1 of the article). It will end even sadder if he was caught driving a stolen car by traffic police officers with friends (parts 2 and 3).

Stopped a drunk minor driving a car

In this case, the consequences for everyone will be almost the same as described above:

no fine for a minor driving a car (including while drunk),
fine of 30,000 rubles for transfer of control,
evacuation to the impound lot if there is no one in the car who can drive it.

But there is still a difference between whether such a person is caught sober or drunk - if a minor is under the influence of alcohol or, even worse, drug intoxication, then with a high degree of probability he will be registered with a psycho-neurological dispensary with all the ensuing consequences from this.

Fine for driving without a minor's license

Driving a vehicle by a citizen under 18 years of age is a malicious violation of the Traffic Rules. Responsibility for such actions lies with the child's parents or guardians. A fine for driving without a minor's license is one of the penalties in accordance with the Code of Administrative Offences.

The essence of the violation and types of fines

In accordance with the traffic rules, adults who have completed training at a driving school and received a driver's license are allowed to drive a vehicle. Driving a moped, motorcycle or scooter is allowed from the age of 16. If these rules are ignored, administrative sanctions are provided in the form of a monetary charge.

So, what is the fine if a minor is driving? In accordance with paragraph 3 of Art. 12.7 of the Code of Administrative Offenses in 2018, parents of a child can be fined 30 thousand rubles. This amount of sanctions is applicable if the adults did not know about the actions of the minor. If adults have handed over control on their own, the amount of the fine for driving by minors doubles and amounts to 60 thousand rubles. In this case, the car is sent to the impound lot.

If a citizen under 18 years of age was intoxicated without the knowledge of adults, the fine remains unchanged - in the amount of 30 thousand rubles*

Minor driving

If the illegal act is committed again on the road, parents will have to pay a fine for driving by minors in the amount of 50 thousand rubles. In addition, the Code of Administrative Offenses provides for more stringent penalties for an adult car owner - deprivation of rights for up to 3 years.

In addition to the fine for driving without a license for minors, another type of sanctions is applied to parents - a monetary penalty for a child driving a car without an MTPL policy, which amounts to 800 rubles.

Important! If the parents were passengers, the amount of the penalty increases to 60 thousand rubles.

In accordance with Art. 2.3 of the Administrative Code, when making a decision, the court may hold a minor accountable for a crime committed if he has reached the age of 16 years. Exemption from sanctions is possible by decision of the commission on juvenile affairs.

If the case of an administrative unlawful act is sent to the prosecutor's office, the teenager's parents face financial sanctions in the amount of 100 to 500 thousand rubles, since they do not pay due attention to the upbringing of the child.

How to pay

What the fine is for handing over the steering wheel to a minor is decided by the court, which, based on the results of the hearing, sends a corresponding resolution to the child’s parents at the permanent address. To repay the penalty, you must pay the specified amount. This can be done online within 60 days, using the Gosuslugi portal, the traffic police service, official websites and applications of banks, as well as at any branch or self-service terminal.

Note! To pay, you will need the parent's passport and a decree.

In case of failure to pay an administrative fine, the Administrative Code provides for penalties of double the amount or arrest for 15 days, or correctional labor for up to 50 hours.

Payment of traffic fine

How to report an offense

If a citizen witnesses the transfer of control of a car to a minor, this can be reported to the traffic police department at the place where the illegal act was committed. To do this, you must write a corresponding application and attach undeniable evidence (photo or video). This can also be done online using the traffic police website.

A fine is the main punishment for the parents of a young driver who committed such an offense. To prevent such illegal acts, due attention should be paid to the upbringing of the child and conversations should be held about correct behavior on the road.

*Fine amounts are current for 2018.