Many car owners allow other people to drive the vehicle.. This could be a relative, acquaintance, tenant, or a driver who gets behind the wheel with a power of attorney to drive.

In some cases, the owner sits in the same car, in the passenger seat.

The question arises: is it possible to drive a car if you are not included in the insurance, but the owner is nearby? How would the traffic police officer react to such a situation? Will he issue a fine for the violation?

Of course, it is important to know all the nuances and possible punishment for the existing violation. Today we will take a detailed look at driving a car without being included in the insurance from a legal point of view, and we will pay attention to all the nuances.

We will also try to identify scenarios in which a fine can be avoided.

Responsibility for violation

First of all, let’s find out what the fine is in 2019 if you are not included in the insurance, but the owner is nearby.

This is important for every car owner to remember: if he allows a person who has not been included in the insurance to drive the vehicle, he is breaking the law. This entails a penalty in the form of a fine. Other measures may also be used.

Violation is punishable by a fine. The amount of the penalty in accordance with Article 12.37 of the Code of Administrative Offenses of the Russian Federation is 500 rubles. The fine must be paid by the owner vehicle.

It is important to note that liability is not limited to the collection of a fine.. The traffic police officer who has established the fact of an offense - a person driving who is not included in the insurance - is obliged to immediately stop this violation.

They have every right to confiscate the car, temporarily send it to impound parking . Only the legal owner has the right to pick up this vehicle from the impound lot. From the moment the fine for the offense is paid, you can get the car back.

It is possible to avoid having your car driven to a parking lot. It is necessary that a person included in the insurance of the vehicle immediately arrive at the scene of the incident (where the offense was recorded).

If the owner of the car or the person included in the MTPL policy manages to arrive before the evacuation, the violation can be eliminated. In this case, all that remains is to pay the fine.

A driver detained behind the wheel of a car has the right to continue driving, but only as a passenger.. In order to legally drive, you must enter the relevant data into your MTPL policy.

Thus, the answer to the question of whether it is possible to drive if you are not included in the insurance is clear: this is prohibited and is punishable by a fine, as well as confiscation of the vehicle.

The owner of the car is nearby

People often wonder whether it is possible to drive without insurance if the owner is nearby. The thing is that there is no actual difference.

The offense will still be recorded, even if the owner is sitting in the same car, but in the passenger seat. In any case, a fine of 500 rubles will be issued.

In this case, the car will not be confiscated, since the owner is on site. The traffic police officer has the right to hold the owner, as well as the driver, responsible for the offense.

It is possible to avoid imposition of a fine and evade responsibility. When an agreement was concluded between the owner of the vehicle and the driver free use, the traffic police officer no longer has the right to impose a fine.

Please note that the principle of operation of such a document is similar to a purchase and sale agreement, but the parties may not be involved in re-registration of the car, cash no need to enter either.

In the contract for free use, the owner of the vehicle specifies a list of persons to whom he grants the right to drive the vehicle.

When such an agreement has already been signed (the date must be put at the bottom), the owner of the car and the driver have the right to supplement it within 10 days necessary information OSAGO policy.

Such agreements are convenient to use when there is a need to provide a vehicle to another driver for a limited period.

When drivers think about whether it is possible to drive without signing up for a policy, they have another idea: not showing insurance at all. However, this is an unsuccessful solution to the problem.

If the vehicle does not have a compulsory motor liability insurance policy during the inspection, the punishment will be more severe:

1. The fine in this case is not 500, but 800 rubles.
2. The penalty is imposed on the driver and the owner of the vehicle.

The punishment becomes double in accordance with Part 2, Article 12.37 of the Code of Administrative Offenses of the Russian Federation: it provides for liability for driving a car by a person who does not have a legal basis for it, as well as liability for the lack of an insurance policy.

Of course, you can try to convince the traffic police officer that the driver simply did not take out the insurance policy by chance, he was sure that he was in the car. But in practice, it is rarely possible to explain the situation in this way and avoid imposing a fine.

Documents must be checked before the trip, and the driver must always have an MTPL insurance policy in his hands.

There are quite widespread cases when vehicle owners simply forget to take care of the policy renewal on time.

Be careful! An expired MTPL policy is legally equivalent to a missing document. And all the rules and penalties that are valid in the absence of insurance will be relevant.

In this case, even if the driver is registered with OSAGO, he will still be held administratively liable.

And he will be fined 800 rubles. The owner of the car will also receive the same penalty.

Driving by proxy

Vehicle owners usually believe that issuing a power of attorney for the driver is quite sufficient. However, in accordance with current legislation, the driver must be included in the policy in any case.

This is due to the fact that in the event of an accident, insurance will no longer cover the person who was driving if he is not included in the policy.

That is why it is prohibited to drive a car without being included in the MTPL policy. Even if the driver drives the car by proxy, he will still be fined 500 rubles.

Here are the documents a car driver must have:

• MTPL insurance policy;
• vehicle registration documents;
• license to drive a car.

Please note: when the car owner decides to temporarily transfer the vehicle to another person, it is enough for him to enter this person in the OSAGO form. There is no need to issue a power of attorney.

However, in the following situations, a power of attorney is required:

• another person must renew the technical inspection;
• the authorized representative plans to remove or register the car with the state;
• planning a trip abroad;
• another person will sell the car.

In these cases, a power of attorney is issued. In all other situations, this document is not needed.

A driver who gets behind the wheel without insurance initially exposes himself to increased risk. After all, any trip can end in an accident.

A person driving a car without insurance bears full personal financial responsibility for what happened. And he is obliged to compensate for the damage himself.

The culprit of the accident has the right to hold herself accountable Insurance Company: It will require the uninsured driver to personally pay compensation. According to the law, the injured party has the right to demand financial compensation for the damage caused.

Repairs are paid for by the institution that implemented the MTPL. But when it turns out that the driver was not included in the policy, the institution has the right to sue him. In this case, they demand that it is this driver who compensates for the losses.

Article 14 of the Law on Compulsory Insurance establishes the right to file claims against the person who is recognized as the culprit of the incident. The court satisfies the organization's demands and obliges the driver to compensate for the damage caused.

Insurance can be limited or unlimited. The former are cheaper, although they offer a limited package of services.

Drivers often choose limited insurance. A maximum of five drivers can be included in such a policy.. In this case, the insurer will have access to each person's driving history when it performs the registration. The total number of insured events will be indicated.

All this is necessary so that the insurance company can objectively analyze potential risks and rationally determine the likelihood of an accident with specific drivers.

All incidents that happened to each driver will be taken into account. As a result, the cost is assigned taking into account the maximum risk: the coefficient of the driver who is involved in the largest number of accidents becomes the determining factor.

There are also positive side this approach: when all the people who will have access to driving the vehicle were careful, responsible drivers, the insurer can give a significant discount. Sometimes the policy costs half the base rate for compulsory motor insurance.

An unlimited policy will cost significantly more. In such insurance, you can leave the column about drivers empty. Of course, the risk of the insurance company with such a package of services increases significantly, which affects pricing.

Typically, such policies are issued by companies that specialize in providing cars for rent.

Thus, when the policy is unlimited, you don’t have to include the driver there. In this case, no fine will be imposed.

Enrolling a potential vehicle driver in a compulsory motor vehicle insurance policy (limited package) is a mandatory procedure.

You will be interested in:

One comment

In Sweden, it doesn't matter who is driving as long as the driver has driver license, and the car is insured.

In Russia, society does not seem to be developing, although we are soon moving to 2019.

WITHHow long can you drive without compulsory motor insurance?this question interests many car enthusiasts. It is no secret that concluding an auto liability insurance contract is mandatory, but sometimes, unfortunately, there are situations when its timely conclusion is impossible due to financial reasons or simply due to lack of time. So is it possible not to take out insurance at all and if so, for how long? You will find answers to these questions in the article below.

Is it possible to drive without insurance?

Answering the question “How long can you drive without compulsory motor insurance?”, the majority of motorists (and let’s be honest, some of the traffic police officers) will answer that not at all, since the law on compulsory motor third-party liability insurance provides for the obligation of every car owner to take out an insurance policy and present it upon request inspector.

However, such a categorical answer is only partly correct. The fact is that if the car has been in your possession for some time, then you are really obliged to have an MTPL insurance policy in your hands, and sanctions will certainly follow for its absence. At the same time, the decision of the traffic police officer who punishes you for failure to provide insurance is justified and legal - therefore, there is no point in appealing it.

However, despite the apparent severity of the law, there are also cases when the absence of an insurance policy is acceptable and possible. So the answer to the question: “Is it possible to drive without insurance?” — may well be positive.

Don't know your rights?

When can you do without compulsory motor insurance?

The ability to drive without a compulsory motor liability insurance policy is established by clause 2 of Art. 4 of Federal Law No. 40 of April 25, 2002 “On compulsory insurance of civil liability of vehicle owners.” In accordance with this article, it is possible that there is no insurance policy in one single case - when acquiring the right to a car.

However, the law does not determine on what basis a citizen receives this right. Therefore, the moment of purchasing a vehicle can be considered the following:

• execution of a car purchase and sale agreement;
• receipt of a vehicle by inheritance (from the moment of inheritance);
• obtaining a car with other rights (economic management, operational management, etc.).

How long can you drive without insurance or with expired insurance?

Now that the issue of the possibility of driving without insurance has been resolved, you should figure out how long you can drive without compulsory motor insurance. In accordance with the article we mentioned above, the owner of the vehicle is obliged to obtain a compulsory motor liability insurance policy no later than 10 days after acquiring the right to the car.

It is important to understand that 10 days is the number of calendar days during which the policy must be purchased, not working days. Countdown given period begins at 0 o'clock on the day following the day of acquisition of the right to the car. This period is given to the motorist so that before registering the car with the traffic police, he has time to undergo a car inspection and receive diagnostic card and take out a compulsory motor vehicle liability insurance policy.

From time to time, motorists have another question regarding the MTPL policy: how long can you drive with expired insurance? The answer is simple: if your insurance has expired (or is ending), then you need to get a new policy as soon as possible, since you cannot drive without it. If you neglect this requirement and get into an accident, you will have to pay for all losses out of your own pocket.

Note!

Despite the fact that the legislator has determined such a period for car owners (thus making certain concessions to them), we should not forget that until the purchase of an insurance policy, all property liability in the event of a traffic accident, if you are found to be the culprit, falls on your shoulders. Therefore, you will have to compensate for this damage. Therefore, it is still not worth delaying the deadline for issuing a policy, otherwise it may turn out, as they say, more expensive for yourself.

So, is it possible to drive without compulsory motor insurance? Can. But it's better not to do this.

The answer to this question: of course, it is possible, but only in some cases. Yes, and you will have to have it with you at all times. Required documents so that traffic police officers do not make claims against you about driving without license plates. If your car is new, purchased from a dealership, and you have the appropriate documents, you can drive without license plates for up to 10 days. That is, you must register the car with yourself or any other owner, respectively, with the traffic police within 10 days. Agree, there is more than enough time to complete the registration procedure.

Is it possible to drive a used car without a license plate?

Such cases are also not uncommon. For example, your friend is having a wedding soon, and he asked you to give guests a ride in the motorcade. And at weddings and others special cars humorous ones are usually installed, beautiful rooms or stickers that cover the state. number. In such cases, many drivers fear that they may be fined for driving a car without a license. signs. Or the numbers could simply be twisted or stolen. Friends might turn your numbers upside down as a joke. Don't worry too much. If you are stopped in one of the above cases, then the first time you will simply be warned. Maximum - you will screw the numbers on the spot or show a certificate of theft of license plates, and also pay a fine for administrative offense. Although practice shows that most often, in such cases, traffic police officers are more than loyal and accept the situation, since a fine is not mandatory. If, without the above reasons, you drive without a state license. numbers, you may even face .

Responsibility for driving without a license plate

Any driving in a car without a license plate falls under Article 12/2. You face a fine or redirecting the case to court and deprivation of your rights for 1-3 months, which you will agree is not at all optimistic. You shouldn’t drive out in a car without license plates again. It is much easier and calmer to drive a car, knowing that everything is in order with the license plates and its other characteristics. Don't expect that you won't be stopped. They will definitely stop! And if more than 10 days have passed since the purchase of the car, you are in danger of big troubles, which were so simple and easy to avoid by going to the traffic police and registering your vehicle in accordance with all the rules. Don’t neglect these tips and try to register your car in advance so that you don’t have to do it until the last 10 days.

Current legislation requires the driver to have an MTPL insurance policy when driving a vehicle. Moreover, drivers themselves must ensure that everything is in order with the document. This type of insurance is a contract signed by parties, one of which is the company issuing the policy, and the other is the owner of the car. At the same time, he is guaranteed compensation for damage if an accident occurs. In addition to compulsory motor liability insurance, there is also voluntary insurance. It is called CASCO, as well as DSAGO. In this article we will try to answer the question: what happens if you drive without insurance? This means, of course, a compulsory motor liability insurance policy, and not other contracts that can be concluded or not concluded at will.

What happens if you drive without insurance?

Russian legislation obliges the driver not only to purchase a policy compulsory insurance, but also always have it with you while driving. Driving without a document is fraught with an offense for which administrative liability is provided. Until 2009, drivers could drive for a short period of time without it if the previous policy had just expired. However, this order was then abolished. And since then, driving a car without insurance is strictly prohibited. The document must be drawn up even if the driver is driving the vehicle by proxy.

If a traffic police officer, having stopped the car and demanded to present documents, does not see a valid MTPL policy among other documents, then the car owner will face a fine. On the other hand, little good awaits him if he gets into a traffic accident. The driver will have to not only restore the car at his own expense, but also reimburse the costs of repairing the vehicle of another participant in the accident, if he is the culprit. And if, in addition, there are victims, then the entire burden of paying for treatment will also fall on his shoulders. But it will also not be possible to avoid penalties for the culprit.

If the policy was left at home...

Sadly, in this case you will still have to pay a fine. However, the legislator still provides that such a situation is possible. Accordingly, the amount of the fine in one case is different from another. For the inspector, however, this issue is not fundamental. Therefore, he usually writes maximum size fine If the driver does not agree with this decision, he must try to convince the police officer that he really has an agreement. You can ask relatives or friends to bring the policy to the traffic police post, or you can ride home to get insurance yourself. After all, one way or another, it will be needed for further driving. There is another option. You can prove the existence of a policy via the Internet, especially if an electronic compulsory motor liability insurance policy was issued.

Electronic MTPL

This type of service appeared in Russia quite recently. Some drivers have already taken advantage of the convenient service. Others prefer to buy insurance the old-fashioned way, by driving to the office and receiving a paper document. Of course, electronic MTPL has whole line advantages compared to purchasing in the usual way. Firstly, you can order a policy at any time convenient for you, spending only 7-10 minutes of time. You don’t have to take time off from work and go somewhere or stand in line to get a document.

Secondly, there is probably no driver who has not encountered intrusive offers from insurance agents to purchase additional services. Many, without much thought, agree to everything that is offered to them. And then they regret their choice. But when ordering online, this problem will not arise. The car owner himself chooses the services that seem optimal to him.

However, electronic compulsory motor liability insurance also has disadvantages. In particular, this concerns the fact that the online server is not yet well maintained. Thus, during peak hours for online orders, it may freeze. And all entered data will have to be entered again and again. Let's hope that this problem will be resolved in the future. Meanwhile, we return to the question of what will happen if you drive without insurance. Having understood that liability cannot be avoided in its absence, we see that there is still some advantage in having an electronic compulsory motor liability insurance policy.

Electronic MTPL and traffic police inspector

When ordering it, the driver receives an email with an attached policy. Having access to the Internet on his phone, he can go to his mail and show the inspector the policy in in electronic format. Of course, this will not cancel his obligation to pay the fine. But the amount will be slightly less.

What else can you do to pay less?

If the traffic police inspector does not agree with any of the arguments, and it is impossible to go home or get a policy through relatives, then there are still options on how to get out of the situation with the least losses:

1. In the protocol, which is filled out by the traffic police officer, there is a point where the driver can write his opinion about the illegality of the fine. And indicate the real reason there.
2. Within 10 days, the car owner has the right to appeal the fine by contacting the superiors of the employee who drew up the protocol. This often works.
3. There is another option of going to court. However, there is hardly a driver who would decide to sue over such a small fine. Usually, after paying for it, they forget about the fact. But it would be nice if this taught you in the future to always have the OSAGO document with you in paper form.

Is it possible to drive a car without insurance and what will be the cost?

As we already know, if the operation of a vehicle is prohibited. Until recently, until 2009, it was allowed to operate a vehicle when the policy expired. Drivers even then asked themselves the question: how many days can you drive without insurance? For a whole month, the driver did not have to worry about the fact that he would have to pay a fine if a traffic police officer stopped him. Now the situation has changed radically. And there is a categorical answer to the question of how long you can drive without insurance. According to the MTPL agreement, even if it only expired a couple of hours ago, you cannot operate the vehicle. In this case, the driver will face a fine.

What's the fine?

There are currently two administrative penalties:

• 800 rubles. The driver pays them for driving without a issued insurance policy.
• 500 rubles. Money is paid for not having compulsory motor insurance on you or not having the driver who was driving the vehicle at the time of the stop by the traffic police inspector in the contract.

If the driver is not included in the OSAGO policy?

Let us dwell on this point in more detail. MTPL insurance may allow operation only for those drivers included in the contract, or for all without restrictions. The second option costs the car owner much more. Therefore, the first one is most often chosen. According to it, only those persons specified in the contract can drive a car. Therefore, if a person who is not listed in the document is driving the car, you will have to pay a fine. And the culprit in this case is the car owner, not the driver.

Typically, an MTPL agreement is concluded for a period of one year. But for some car owners this is inconvenient. Some go on a long business trip, others use a car only during a certain season (for example, summer residents). For them, of course, it would be better if they could drive without insurance. According to the contract, however, it is possible to provide for another period. For example, six months or 3 months. However, in this case the policy will cost much more. At the same time, there are exceptional cases when a car can be driven without insurance.

1. If motor vehicle was purchased recently. How long can you drive without insurance in this case? The law calls for a period of 10 days.
2. Upon entering into an inheritance.
3. In other cases provided by law.

Conclusion

What happens if you drive without insurance? We have already clarified that in this case the traffic police officer will issue a fine if he stops the car. And the amount of the penalty depends on the MTPL agreement concluded at that time or the absence of one as such. It is also now clear what to do if the policy is left at home, but the inspector refuses to believe it.

It should be added that a fine is the only way a traffic police officer can punish a negligent driver. Until recently, before 2014, such a violation could have resulted in a penalty. state numbers, and send the car to the impound lot. However, they decided to abolish this rule. And the maximum that a driver can expect today is a fine of 800 rubles.