Many motorists are faced with a situation where, for one reason or another, they did not have a CTP insurance policy . There is no question of hull insurance, since this insurance is not in the category of mandatory. Everyone knows that the policy of compulsory civil liability insurance must always be present in the car. But not everyone knows what the penalties and fines for the lack of insurance. Either you have never encountered such a situation personally, or you were lucky, and even with an absent policy, you were not stopped by the traffic police. Know about the possible fines and penalties necessary. This will serve as a kind of incentive not to leave OSAGO at home, to renew it in time, etc.
Types of penalties provided for the lack of insurance for the car.
Who is threatened with a fine
Currently, domestic legislation is actively changing, constantly undergoing various reforms. Because of this, many laws and rules no longer work, new ones appear in their place. Sometimes it’s difficult to navigate these regular changes. Due to the lack of relevant information, drivers simply do not understand why they are being punished in a given situation, although this has never happened before. But ignorance does not completely absolve you from responsibility. It needs to be remembered. There are several myths that continue to be relevant. They need to dispel. Otherwise, the driver will really think that for the lack of insurance for the car waiting for him the worst punishment.
The first myth is connected with the opinion that, for lack of insurance, you will not be allowed to operate the machine. That was, but the reforms did their job. Now, no bans will be imposed. Then the offender had to pay the fine 24 hours after the violation was discovered, solve the problem with the policy and visit the traffic police department. Otherwise, the ban on the management of the vehicle came into force. It was difficult to remove it, and it took a lot of time. But in November 2014, this rule was abolished. The second myth involves the removal of the license plate from the car. Such a penalty has ceased to be relevant since October 2013. Yes, some previous laws can be considered ridiculous and meaningless. The main thing is that they are no more. But you need to focus your attention on the current legislation. Now, in the absence of an insurance policy, one measure of punishment is applied. These are monetary penalties. In rare cases, the driver can simply warn.
In Russia there is a penalty for the lack of insurance if:
- you have a policy, but it is not in the car;
- there is no policy at all;
- insurance has expired;
- This is a seasonal policy, but you have fallen out of season;
- The driver of the vehicle did not enter in the OSAGO.
All these cases fall under the article on non-compliance of vehicle owners with the provisions of mandatory auto insurance.
Sizes of penalties
Motorists are interested in what penalty they face for the lack of insurance. A common question that is easy to find the answer. The legislative act, which provides for the liability of drivers for non-compliance with the provisions of CTP, is quite concise. It has only two points regarding penalties:
- 500 rubles;
- 800 rubles.
It is important to note that this article of the law is equally valid for individuals and legal entities. Therefore, all drivers must go and pay traffic police fines, because they have revealed the lack of insurance. Now we will separately consider each of the situations and analyze in more detail what penalties may follow.
Insurance stayed home
It often happens that the driver does have a valid insurance policy, but he forgot to take it with him to the car. This is usually attributed to the fact that he forgot to take it from home, stayed in the office, accidentally left it with a friend, and so on. The reason is your personal inattention. If such a problem happened to the policy, then the drivers are interested in what their forgetfulness threatens for the lack of insurance. Her corny forgot to put in the car. But you have to pay 500 rubles. For some reason, the traffic police inspectors often refuse to apply this measure of punishment, as provided for by paragraph 1 of Article 12.3 of the Administrative Code. In very rare and rather exceptional cases, drivers get off with a warning. But more often the size of the fine rises to 800 rubles. By law, the inspector has this right if he doubts the fact that you have insurance as such. There is already a question for the driver. If he lacks at least some evidence, you can try to figure out and resolve the issue in words. But if the inspector still does not believe, you will have to pay 800 rubles. You have every right to show proof of the existence of insurance. To do this, you can call the insurer, or contact the inspector himself so that he can check it against the RSA database and the Ministry of Internal Affairs. DPS officers got access to them as far back as 2016. Then only state numbers will be enough for him. If it works, the fine will be reduced to 500 rubles. That he checked it on the base of the PCA and the Ministry of Internal Affairs. DPS officers got access to them as far back as 2016. Then only state numbers will be enough for him. If it works, the fine will be reduced to 500 rubles. That he checked it on the base of the PCA and the Ministry of Internal Affairs. DPS officers got access to them as far back as 2016. Then only state numbers will be enough for him. If it works, the fine will be reduced to 500 rubles.
Due to the fact that insurance has risen significantly in price, many car owners have decided to save. To do this, they began to buy the so-called seasonal insurance policies. They are designed for 90 or 180 days. Valid in a certain period or season of the year. Most often, the owners of such policies are summer residents, lovers of traveling only in the summer, and leaving the car in the garage for the winter. It happens that not in the period of the policy you need to go somewhere. Usually, drivers expect that no one will stop them. This does not always work. And here it is also important to understand what kind of punishment is provided for the lack of insurance. This violation is necessarily punished. But here the amendment is made that the driver still has an insurance policy, even if it is seasonal. The law provides only the payment of 500 rubles fine. If the inspector tries to prove the opposite, he tries to trite you. Such a sanction is clearly spelled out in Part 1 of Article 12.37. Nobody has the right to fine you for 800 rubles, as well as to apply any other types of punishment.
Also has its own sanctions and penalties for the lack of insurance. And here we are not talking about the fact that you have forgotten it somewhere or it is overdue. There is no insurance policy per se, that is, you did not draw it up. It doesn’t matter if you consciously went for such an offense, either this is a coincidence of circumstances or some kind of misunderstanding. If you are stopped and asked to show insurance that is missing, there is no point in arguing and resisting. For some reason, such violations have lately become very common. Here you are waiting for only 800 rubles fine, even without the theoretical possibility of receiving a warning. If the inspector, because of your requests and persuasion, nevertheless decides to warn you only, then he will be the violator of the law. Here we start from the second part of Article 12.37. If you have no CTP,
MTPL policy expired
Another common situation when the policy seems to be present, but its validity period has already expired. For one day or for several months, it does not matter. Among motorists goes the popular myth that after the expiration of the policy you can drive another 30 days without fear of getting a fine. This is not true. Remember one important thing. If OSAGO is no longer valid, then you do not have the right to move along the roads.
The myth appeared for a reason. In 2006, drivers really had the right to operate the car for 30 days, despite the expired policy. And during this period, the insurance company was responsible for the driver. But this rule was abolished in March 2008. Since then, there is a rule that the policy is valid for exactly 12 months. That is, from the day of receipt until the same day of the next year. This does not apply to seasonal insurance. There is a policy, but it is no longer valid. The law equates to its total absence. You have a regular piece of paper on your hands, which already has no legal force. Therefore, in such a situation the fine will be maximum, that is, 800 rubles.
The driver is not inscribed in the policy
It happens that a person whose name is not indicated in the insurance policy is driving a vehicle. From a legal perspective, such a violation is considered a bit more complicated. There are lawyers in automobile matters who claim that there are no provisions of the law on the responsibility for such violations. They say that the fine can be appealed because this case cannot be classified as an offense. But let’s reason logically. In the SDA, general duties include clause 2, subclause 2.1.1 and paragraph 4. It clearly states that drivers must always carry an insurance policy with them. That is, the insurance should be made out on the person who at the particular moment is driving. Or it should be written into the document. If we talk about the fine, it is minimal. That is why it is necessary to pay 500 rubles.
Subsequent penalties for lack of insurance
We are very fond of raising panic without understanding the essence of the matter. Therefore, it begins to talk about the fact that in the case of a repeated violation of the same insurance policy, the punishment will be more serious. In fact, the legislation does not provide for this. No additional sanctions in relation to the driver will be applied if he is not able to present a CTP once again for the second and all subsequent times, insurance will be overdue, etc. That is, each subsequent offense will entail punishment, depending on the situation. Pay again will have 500 or 800 rubles. There are no statutory increases in case of repeated violations. It doesn’t matter how many times you will be fined for not having insurance. This can be done at least every day. The preventive measure will not change. A lot of the fined people ignore the rules of CTP. Because they are obliged to pay the state money. Currently it is from 500 to 800 rubles. But the situation is unlikely to remain so forever. Back in 2017, it was proposed to increase the size of sanctions to 2500 rubles. So far there has been no corresponding change. Is it worth it to provoke repeated penalties for the lack of insurance, the question is rather a rhetorical one.
Is it possible to reduce the amount of fine or avoid it altogether
It is theoretically possible not to pay the fine if the inspector for some reason decides to limit himself to a warning. But you should not count on such an outcome. Also, without a policy, you can drive a vehicle for the first 10 days from the date of purchase of the car. As for reducing the amount of the fine, this is a more realistic possibility. In January 2016, a new federal law came into force, which touched the Administrative Code. The new document says that for a number of violations, including CTP, the amount of the fine can be reduced by 50%. To do this, the penalty should be paid within 20 days after its execution. But you will not receive such a discount for a repeated similar offense.
Currently, the current legislation provides only a fine or warning in the case of driving without an insurance document. Now the cars are not sent to the car parks, and the license plates are not removed from them. In 2014, these measures were abandoned in Russia. The driver receives a warning only in a situation when he has forgotten with him a policy, but in fact he is present with him. This will require proof of insurance. There is a lot of talk about the fact that the fines for the lack of a CTP policy for drivers need to be raised, as well as impose more stringent sanctions for repeated offenses. But so far no changes in this regard have been officially made. How long it will last is difficult to cook.