The car owner is required to have an MTPL policy - the presence of such a document guarantees that the victim in an accident caused by the insured person will receive compensation.
This avoids disputes and litigation.
In 2016, some amendments were made to the legislation.
If the driver is not included in the insurance policy of the MTPL category, this is a serious administrative violation.
Read this article and find out what fines you face if the driver is not included in the insurance.
The following classification of MTPL insurance is important:
- With limitation
- No limits
A restricted policy assumes that there is a group of people who have the right to drive a specific car. If the actual driver is not on the list, expect a fine.
Insurance without restrictions allows that anyone with a driver's license can drive a car - no names are entered on such a paper.
OSAGO policy without restrictions allows you to protect yourself from many fines, but also costs significantly more.
Having insurance without restrictions is not the only case when it is allowed to drive a vehicle without specifying it in the MTPL policy.
There are others:
- The driver recently purchased a car, and the 10-day period provided for obtaining a policy has not yet expired.
- There is an agreement for the free use or rental of a car, drawn up in accordance with the paragraphs of Article 1079 of the Civil Code.
- The vehicle is one of the exceptions listed in the Federal Law “On Compulsory Motor Liability Insurance”. For example, an exception may be a car registered in a foreign country and insured under the international insurance system.
If the driver is not included in the insurance
A typical situation: the owner of the car was drinking and allowed a friend to drive him home. If such a violation is detected, financial punishment follows. According to Article 12 of the Code of Administrative Offences, a driver who is not included in the insurance is obliged to pay fine of 500 rubles. There has been an increase: previously the fine for this violation was only 300 rubles.
Previously, as a punishment, the car was sent to the impound lot, however, according to the new rules, any form of additional punishment (except for financial penalties) is prohibited.
How to avoid a fine?
If your friend, who is not included in the insurance policy, is driving the vehicle, and you are stopped, you have a chance to quickly draw up a power of attorney by hand, which does not require notarization.
The power of attorney must indicate:
- Passport details of the person to whom the car is registered;
- Passport details of the authorized person (for whom we are issuing a power of attorney);
- A list of actions that are allowed to be done with a vehicle, in our case - being behind the wheel;
- Vehicle registration details;
- Date of issue of the power of attorney (not older than 10 days) - it is better to leave this field blank and fill it in immediately at the time of stop.
It will not be possible to provide such a list of information in a minute and in a hurry, so we recommend preparing everything in advance, and not at the moment of a stop by the traffic police. By law, the driver is required to take out liability insurance within 10 days from the moment he receives the right to drive a vehicle, in particular from the moment he receives a power of attorney.
In the event of an accident due to the fault of a driver who is not included in the insurance policy, you will have to not only pay a fine, but also repair the vehicles damaged as a result of the accident.
I don’t have my insurance policy with me (forgot)
You will have to pay for leaving an insurance policy in an apartment, office or other place fine of 500 rubles. This violation is described in Art. 12.3 Code of Administrative Offenses Part 2. At the same time, the traffic police inspector has the right to equate a forgotten policy with a missing one, without violating the law. In this case, the offense will be recorded under Article 12.37 of the Code of Administrative Offences, Part 2, and the fine will increase to 800 rubles.
If the traffic police officer does not attend the meeting, you have the right to supplement the protocol in writing with your disagreement with the fine due to the presence of the policy, adding that the policy was simply not on you at the time of the stop by the inspector.
However, in this case, you will have to come to the traffic police in person, this time not forgetting your insurance. Write an application requesting the revision of the article in the direction of mitigating the fine; a copy of the insurance policy must be attached to this application.
Evacuation of a vehicle for lack of insurance policy
Since 2016, the evacuation of vehicles to an impound lot due to lack of an insurance policy has been abolished. Amendments made in 2016 provide for the maximum penalty for lack of insurance in the form of a fine; removal of license plates and detention of the car no longer applies.
Penalty for lack of compulsory motor liability insurance for a certain period
Many car owners prefer to purchase insurance for a specific season, for example, winter and spring. The insurance policy is issued for a year, but is applicable only during the specified period (season).
If you are stopped during a period that is not covered by insurance, the fine will be 500 rubles.
Fine for lack of compulsory motor liability insurance for legal entities
Legal entities have the right to take out MTPL insurance for each car registered to the company. In addition, it is possible to take out a DSAGO insurance policy, which is applicable in a much larger number of cases.
Moreover, if the driver does not have insurance with him, it is not the legal entity who will bear the penalty. person, namely the driver.
How often can you be fined for not having insurance?
Do they rent rooms now?
Previously, traffic police inspectors had the right to remove license plates from a car if the driver was not included in the insurance, thereby prohibiting the operation of the vehicle. On November 15, 2014, they lost this right. Now license plates can be removed only in cases of malfunction of the brake system, steering, and also if the inspection ticket has expired.
https://youtu.be/EhFH5CLBhi4
If the driver did not insure the car at all, then he faces a fine of 800 rubles.
Moreover, if the owner and driver are different people, then the responsibility falls on both, because Art. 12 of the Code of Administrative Offences, a fine is paid not only for the lack of a policy, but also for driving a vehicle by a person who knew that there was no insurance.
The driver, however, can “get out” if he convinces the inspector that he did not know about the lack of insurance.
However, in practice, crime is almost always accompanied by punishment.
Administrative Code does not see the difference between an expired and missing policy, so the fine remains the same - 800 rubles.
However, clarification is required: some companies sell “incomplete” policies. A standard policy is valid for one year, while an “incomplete” policy is valid for only six months.
Such semi-annual policies are the best option for summer residents who do not use a vehicle during the cold season.
The fine for an expired “reduced” policy is less – 500 rubles (according to Article 12 of the Administrative Code).
Even if the driver simply forgot to put the policy in the car, he is also responsible - he will have to pay 500 rubles for forgetfulness. A fine in this situation is not mandatory - the inspector may limit himself to a verbal warning if he decides that the offense does not pose a public danger.
The driver should remember the following nuances:
- If he has already paid a fine for lack of insurance at one post, this does not protect him from the same fine at the second.
- The policy must meet current design standards. If elements and signs required by law are missing, this is equivalent to the lack of insurance at all, which results in a fine of 800 rubles. That is why it is worth taking out a compulsory motor liability insurance policy only in the offices of well-known companies and avoid transactions with sales agents.
- If the policy is only a day overdue, this is already grounds for financial penalties.
The best solution to a situation where the driver is not included in the MTPL policy is to purchase new insurance. The insurer may offer to add a new name to the existing insurance, however, this operation also costs money.
An MTPL policy is much more expensive if it is issued without limiting the number of persons allowed to manage it. But for some, this measure is necessary, because while driving, situations will arise when you need to put someone else behind the wheel. If this person is not indicated in the policy, the driver (and sometimes the owner of the car) cannot avoid punishment.
Driving without MTPL insurance in someone else's car, according to the current legislation of Russia, threatens with a fine of 500-800 rubles. It is issued in the name of the “caught red-handed” driver. The minimum amount is assigned if the driver was driving without a policy, but he had a compulsory motor insurance policy (he was simply left at home or at work, or lost). To avoid sanctions, prove to traffic police officers that you have completed the insurance procedure by providing the insurer’s details, insurance agent’s phone number, contract number, etc. The maximum amount is provided in the absence of a document.
Since 2015, the availability of a policy is determined by police using an electronic database. It also allows you to determine what kind of insurance is provided to traffic police officers - closed, that is, expired, or valid.
The law also provides for such a sanction as a warning (Article 12.3 of the Administrative Code). The punishment is determined by the traffic police officer on the spot, depending on the circumstances. For the first time, the driver can “get off” with a warning. The police officer's decision included in the resolution can be appealed in court.
What sanctions are provided by law for the owner of a vehicle who has not issued compulsory motor liability insurance if another person is driving his car? A fine for driving without insurance is issued only in the name of the driver whom traffic police officers caught driving someone else’s car. 
Apart from a fine, the police cannot impose any sanctions against him. Although even before 2014, traffic police officers were given broad powers: for driving without compulsory motor insurance in someone else’s car, they could remove license plates, tow the car and apply other enforcement measures. In 2017, police officers no longer have the ability to restrict the use of someone else’s vehicle. If you have two other mandatory documents (license and registration certificate), then a fine is the maximum penalty.
Fine if not included in insurance
According to the current rules, the car owner must take care of entering information about the new driver into the current MTPL policy in the “approved to drive” column. This requirement is specified in Part 2 of Art. 16 Federal Law No. 40 “On OSAGO”.
What fine for driving a vehicle that is not yours is imposed on a person who is not included in the policy? Since this is a direct violation of the MTPL Insurance Rules (allowing a person not specified in the contract to drive their car) and an administrative offense, the violator is punishable by paying a fine of 500 rubles (based on Part 1 of Article 12.37 of the Code of Administrative Offenses of the Russian Federation). It is also issued in the name of the driver driving someone else’s vehicle.
You can avoid punishment if you inform the insurer in time about the need to transfer the steering wheel to a person not yet specified in the limited insurance: new information will be entered when the policyholder personally contacts the company’s office (the basis of Part 3 of Article 16 of Federal Law No. 40 “On Compulsory Motor Liability Insurance”). Many insurers charge an additional fee for this service, in accordance with established rates and commensurate with the increased risk.
Article 16 of Federal Law No. 40 “On Compulsory Motor Liability Insurance”. Compulsory insurance for limited use of vehicles
3. During the period of validity of the compulsory insurance contract, which takes into account the limited use of the vehicle, the policyholder is obliged to immediately notify the insurer in writing about the transfer of control of the vehicle to drivers not indicated in the insurance policy as authorized to drive the vehicle, and (or) about an increase in the period its use beyond the period specified in the compulsory insurance contract. Upon receipt of such a message, the insurer makes appropriate changes to the insurance policy. In this case, the insurer has the right to demand payment of an additional insurance premium in accordance with insurance tariffs for compulsory insurance in proportion to the increase in risk.
If there was no opportunity to visit the office of the insurance company before an unexpected trip, the policyholder faces a fine.
Will a fine be imposed if the owner is sitting next to him?
According to current legislation, this circumstance does not matter - the fine for driving someone else’s car without a properly issued insurance policy will also be 500 rubles. However, if the owner of the vehicle is sitting next to the driver, traffic police officers have the right to draw up a report both in the name of the driver and in the name of the policyholder.
All penalties specified in the article can be imposed an unlimited number of times if the driver continues to move and is caught by vigilant traffic police officers every day.
What happens if you don’t have insurance and a power of attorney for someone else’s car?
Every car enthusiast knows what documents you can’t hit the road without: driver’s license, registration certificate and compulsory motor liability insurance policy. Missing one of these is an offense punishable by a warning or fine. For lack of insurance, you can be charged from 500 to 800 rubles (depending on whether you forgot it at home or didn’t take out it at all).
Until 2012, there was also a requirement to issue a power of attorney for anyone who gets behind the wheel of your car. Today, the absence of a power of attorney is not an offense. But this document is necessary in cases where confirmation of the right to perform certain actions with someone else’s car is required, for example, to pick it up from an impound lot or sell it. The absence of a power of attorney in such situations does not entail punishment, but only limits the driver’s capabilities. 
When can you avoid punishment for driving without insurance in someone else's vehicle?
The federal law on compulsory car insurance provides exceptions, thanks to which you can avoid punishment for administrative offenses, including driving someone else's car without compulsory motor liability insurance. The absence of a policy is allowed for owners of certain types of vehicles:
- not developing a speed higher than 20 km/h;
- not allowed to participate in road traffic due to technical characteristics;
- Vehicles belonging to troops, except for transport used in economic activities.
These exceptions are specified in Part 3 of Article 4 of Federal Law No. 40. Another exception is provided for by the Motor Insurance Rules - the client of the insurance company is given the opportunity to take out insurance without limiting the persons allowed to drive. If there is one, any person can drive someone else’s vehicle.
The fine can be avoided if you enter into a purchase and sale agreement and simply destroy it after the trip. As you know, if there is a purchase and sale agreement, the new owner of the vehicle can move freely in it, since he has 10 days to register the car and issue compulsory motor liability insurance.
The best way to avoid punishment is to correctly issue compulsory motor liability insurance.
- If it is likely that different people (friends, colleagues, acquaintances) may be driving your car, it is better to purchase insurance “without restrictions”;
- If certain people (child, spouse, close relative) get behind the wheel, it is worth entering their full name in the columns of the section “Persons Approved to Drive” (limited).
It is not recommended to travel without a properly issued insurance policy. Its absence not only leads to endless fines, but also aggravates the situation when an insured event occurs. Compulsory insurance was introduced to make life easier for car owners, and if you take out it, then for your own good, follow all the rules, and do not treat insurance as a formal obligation.
According to the Road Traffic Rules (clause 2.1.1), when driving a car, the driver must have a compulsory insurance policy. Otherwise, the driver or authorized representative receives a fine for driving without compulsory motor liability insurance.
Fines for driving without insurance
For lack of insurance (forgot). For different cases, the law provides for a monetary penalty in a special amount; what fine for driving without a compulsory motor liability insurance policy can be imposed:
- For lack of insurance (the MTPL policy was not issued).
- For driving with an expired insurance policy.
- For a driver who was not allowed to drive a vehicle.
- For driving outside the period of use
Fine for lack of insurance (forgot)
If a driver forgot his MTPL policy at home, this does not mean that penalties will bypass him. Law enforcement officers will issue a fine of 500 rubles. This action will be supported by the Code of Administrative Offenses, namely Article 12.3, Part 2.
Fine for driving without a policy (did not buy)
If the driver did not take out insurance in principle, fine for driving without an MTPL policy increases to 800 rubles. Penalties for this case are determined by Article 12.37 part 2.
Fine for driving with expired insurance
The Code of Administrative Offenses has no such thing as an expired insurance policy. An MTPL policy whose expiration date has expired is equivalent to its complete absence. In this case, the driver will be charged fine for driving without MTPL insurance– 800 rubles.
Fine for a driver who is not included in the insurance
If the vehicle is driven by a driver who was not previously included in the insurance contract, the owner of the vehicle is subject to penalties. In this case, the fine will be equal to 500 rubles, as determined by Article 12.37 part 1 of the Administrative Code.
Penalty for driving outside the period of use
Using a vehicle outside the period of use of the insurance policy entails the application of penalties. For example, the MTPL policy is issued for 1 year, the period of use of the vehicle is from April to October, if the driver gets behind the wheel of the car in December, he violates the terms of the contract. The fine for driving outside the period of use is 500 rubles, the amount is determined by Article 12.37 part 1.
What fine for driving without MTPL insurance does a specific case imply - summary table:
| Name of the fine | Article of the Code of Administrative Offenses of the Russian Federation | Amount of fine |
| Policy left at home | 12.3 part 2 | 500 rubles |
| Lack of insurance policy (did not buy compulsory motor third party liability insurance) | 12.37 part 2 | 800 rubles |
| Expired insurance | 12.37 part 2 | 800 rubles |
| Driver not included in insurance | 12.37 part 1 | 500 rubles |
| Driving outside the period of use | 12.37 part 1 | 500 rubles |
How long can you drive without insurance?
When purchasing a new car, the driver is given 10 days to and. After this time, the driver cannot drive without compulsory motor liability insurance, otherwise he will be fined.
If a car is purchased at a dealership, the driver has the opportunity to issue a compulsory insurance policy on the spot, bypassing the inspection procedure.
10 days to issue an MTPL insurance policy are also given upon receipt of a power of attorney, since the law on compulsory vehicle insurance equates it to the emergence of the right to own a car.
How to pay a fine
If you receive a fine for driving without an MTPL insurance policy, it must be paid as soon as possible. The most convenient payment options: on the official website of the State Traffic Safety Inspectorate, on the Gosuslugi portal, using the services of payment systems - Yandex Money and others, using Internet banking, in a bank branch, for example, Sberbank.
Our company “Auto Service” will issue you a compulsory insurance policy and a diagnostic card at the best prices, and as a significant bonus you will receive free delivery.
How to buy an MTPL policy and avoid a fine?
To purchase an MTPL policy with delivery in Moscow, the client needs to provide us with information using any of the options:
Call us and our operator will help you place your order
| Send the required documents to
| Fill out an online application for MTPL |
Our actions:
- We calculate the cost of the policy;
- We agree on the details with the customer and issue a policy;
- we transfer the document to the delivery department.
We guarantee delivery of the policy within two hours or the next day after it is issued. The client signs the contract and two receipts presented by the courier with payment on the spot. We provide a signed copy of the MTPL policy and application to the insurance company.
In short, the fine for driving without compulsory motor insurance (exactly the same as for expired insurance) in 2017 is:
800 rubles(Article 12.37 Part 2 of the Administrative Code) |
If you pay within 20 days: 800 400 rublesfrom 01/01/2016, upon payment of certain fines (including for driving without compulsory motor liability insurance) is given |
Perhaps soon there will be: 2500 rubles
If you want to make sure that your insurance is valid, that is, it is entered into the AIS RSA database and is processed through it, then you can use the service |
