Handing over the steering wheel to a person without a license: fine in 2021

There are many situations in life when you cannot get behind the wheel yourself and ask your friend or acquaintance who has at least some driving skills to do it. Especially when you are under stress or under the influence of alcohol, you don’t really think about the rights of the person to whom you are going to transfer your car.

Before considering the most common situations when control of a vehicle is transferred to a person without a license, I would like to remind you of paragraph 2.7 of the traffic rules.

The driver is prohibited from: - transferring control of the vehicle to persons who are intoxicated, under the influence of medications, in a sick or tired state, as well as to persons who do not have a driver’s license for the right to drive a vehicle of the appropriate category or subcategory, except in cases of driving training in accordance with section 21 of the Rules; (as amended by Decree of the Government of the Russian Federation dated October 24, 2014 N 1097)

Clause 2.7 of traffic rules

Based on this rule, we can conclude that before letting another person drive his vehicle, the driver must check with his friend that he has a driver’s license of the appropriate category, with the exception of the process of learning to drive, and also make sure that he is in a sober state. The exception is the process of learning to drive.

Now let's move on to the most common situations that lead to irreversible errors.

Transferring control of the vehicle to a child. Parents often believe that they can teach their child to drive much better than some instructor from a driving school. No matter how much driving experience you have, you should not put a child behind the wheel, since, firstly, he is a minor, and this will lead to a double fine, and secondly, it will be completely wrong to start training by committing a crime. Therefore, it would be best to wait until adulthood and send your child to study at a driving school.
Purchasing a scooter (moped) for a minor. Another fairly common mistake parents make is to purchase a small two-wheeler for their beloved child who does not have a license. A long time ago, this type of transport had its own category, for which it is also necessary to undergo training. In addition, if you fail to take care of a child at his age, you can cause irreversible consequences that could cost him his life.
Transferring control of the vehicle to an adult without a license. By handing over your car to an adult without a license, you are taking a conscious risk, and this is fraught with a fine.

Handing over the steering wheel to an adult or child without a driver's license

Very often, parents try to teach their child to drive by putting him behind the wheel of a car.
It’s good if this happens in a deserted place with no people or cars on the road. However, even this sometimes does not save you from colliding with an obstacle and sustaining health damage. Therefore, starting driving lessons by violating traffic rules is a negative example for a future driver. An equally common violation is the purchase of a moped, ATV or scooter for a child who does not have a license, which requires a category “M” driver’s license to operate. This is done by many parents out of old memory, since in their youth they were not required to drive a moped. Such a violation of the Rules can cost the culprit a substantial fine in the amount of 5 to 15 thousand rubles.

If, when transferring the steering wheel to a child, the owner of the vehicle knows in advance that he is violating traffic regulations and can assess the risk and consequences of his action, then in the situation of transferring the driving to an adult, he may be misled about whether the person taking the wheel has a driver’s license and whether his category corresponds to the type of vehicle.

It is difficult to determine by the appearance and words of an adult whether he has the appropriate driver’s license or not, therefore, before transferring control, you must personally verify that it is available and that it complies with the required category of transport.

How much does it cost to include a new driver in insurance?

The price of car insurance is always influenced by two factors:

✎Age and experience of the driver (if the new driver being entered is under 22 years old, then the price will be higher. If he is older than 22 years old, then it will be cheaper to enter him). Insurers use the abbreviation KSV

✎Accident-free driving experience (ACD).

✎the period for which a new driver is registered (usually until the end of the insurance period).

Insurers have their own system for recording accident-free experience (abbreviated as KBM). For every year without accidents or insurance claims, you will receive a 5 percent discount.

✓No matter how much the discount is for the old driver, the new (signed in) driver will have its own price.

When calculating the price of insurance, a formula will apply. Where the nominal price of insurance will be multiplied by KBM * SWR * the period for which the newcomer is registered.

Below we present tables by which insurance companies calculate KBM and SWR.

✓A driver who gets into compulsory motor liability insurance for the first time receives KBM = 1.

Fine and other punishment for handing over the steering wheel to a person without a license in 2021

How to check a driver's license for deprivation using the traffic police database
Based on this rule, we can conclude that before letting another person drive their vehicle, the driver is obliged to check that his friend has the appropriate category, and also to make sure that he is in a sober state .

The exception is the process of learning to drive.

Now let's move on to the most common situations that lead to irreversible errors. Transferring control of the vehicle to a child.

Parents often believe that they can teach their child to drive much better than some instructor from a driving school. No matter how much driving experience you have, you should not put a child behind the wheel, since, firstly, he is a minor, and this will lead to a double fine, and secondly, it will be completely wrong to start training by committing a crime.

What is the penalty for handing over the steering wheel to a person without a license or drunk?

What are the categories of driver's licenses in Belarus?

If there is none, then to the manager. We also read: If the driver is caught drunk, then there may be several options for the development of the situation.

Transferring control to a person who was obviously drunk. For the owner of a car, such an offense faces a fine of 30 thousand rubles. Also, traffic police officers may confiscate the car owner’s license for 2 years.
Transferring control of a vehicle to a person in a state of intoxication, if it was not initially known that the driver was subsequently going to drive drunk. That is, he transferred the right to drive to a sober person, who subsequently (without the knowledge of the owner of the vehicle) got behind the wheel while drunk. Until it is proven that the owner knew about the driver’s intentions, no sanctions will be applied to him.

for the violator himself can be applied in the form:

administrative arrest if he does not have a driver’s license permitting the driving of this category of vehicle.
monetary penalty and deprivation of rights, if he has them;

How can the traffic police prove guilt?

To prove the driver’s guilt, traffic police officers may present any evidence that they deem necessary to provide to the court. Most often, video materials and photographs are used directly at the moment of vehicle detention and inspection .

When drawing up a protocol, the data contained in it can be supported by the signatures of witnesses. If a person is found driving while intoxicated, the results of a medical examination performed immediately after the arrest and documented in accordance with all the rules may be added to the materials. By transferring control of your own vehicle to another person, you are not released from liability.

Therefore, you need to be more careful about who you are going to entrust your car to. You should not give it to friends who abuse alcohol and carelessly treat other people's property. When you hand over the steering wheel to someone who is prone to causing problems, you will become a victim of someone else's carelessness.

The driver needs to be checked

Amount of fine for driving without a license

Confidence can help a person in life and at work, but it is not the most admirable quality when driving a car. A check must be carried out before you are allowed to drive, and even your own car. An excellent feature may be forethought, which will allow the driver, when applying for a compulsory motor liability insurance policy, to register an unlimited number of persons in his driving permit.

And to check the legal capacity and physical condition of the applicant to drive your car, you need to study the driver’s license, paying special attention to the validity period, category and correctness of filling out significant fields. A deep breath and a warm stream of air without a trace of the smell of ethyl alcohol will increase the level of trust to transcendental heights

The traffic police post is not scary, the road to home should be spacious and easy

A deep breath and a warm stream of air without a trace of the smell of ethyl alcohol will increase the level of trust to transcendental heights. The traffic police post is not scary, the road to home should be spacious and easy.

Punishment for breaking the rules

A citizen who drives a car illegally is not responsible for his offense within the framework of the Administrative Code. His responsibility comes only when an act of a criminal nature is committed: theft of a car, a traffic accident with victims, causing harm to others when using a car.

Who pays the fine

The fines are paid by the owner of the car; he may or may not be present in the car - only he is to blame. The categorization of the fine depends on the severity of the offense:

the easiest option is when the control is entrusted to a person who is not included in the insurance, the main thing is that this insurance is and is in the car, and paying a fine of 500 rubles can be justified by the extreme need to get home;
the punishment for forgetfulness of the one who drives the car is a little higher: he got behind the wheel, but left his license at home, thereby punishing the owner of the car for 3 thousand, expenses can be divided or taken upon yourself if you have a conscience and free money;
gullible people have to fork out much more seriously: a colleague said that he had a license, the car owner believed it, and the police officer thought the driving of a person who got behind the wheel for the second time in his life was suspicious - and now a report for 30 thousand rubles has already been issued;
and if a person without a license differs from the owner of the car in slightly less alcohol, and he has never received a license, then the owner will pay 30 thousand and will work up an appetite on foot for 2 years through the streets of his hometown;
The most severe punishment awaits the one who got behind the wheel, forgot to seat the owner next to him and quickly sped off. Such an act qualifies as theft, costs the thief 120 thousand rubles, or in the most severe cases up to 5 years.

Fine for transferring control of a car to a person without a license

To a person with common sense, it seems that such a situation is simply impossible. However, the presence of a corresponding clause in the Code of Administrative Offenses confirms that incidents such as handing over the steering wheel to a person without a license also happen in life. According to paragraph 3 of Art. 12.7 for the decision to transfer control of a vehicle to a person without a driver’s license, its owner will pay an impressive amount of 30,000 rubles. The citizen himself, who gets behind the wheel without a license, will be fined 15,000 rubles if he never had one, and 30,000 rubles if he was deprived of his license. The fine can be replaced by administrative arrest.

To impose this administrative penalty on the owner of a car, it is necessary that he knows that the person does not have the right to drive a vehicle. An exception applies only to driving lessons, if the person next to the driver has a driver's license.

For an adult

When transferring control of a car to an adult who does not have a license, the owner must understand that this can cost him a lot. You should think carefully and evaluate how necessary this is. In any case, if you are unable to drive yourself due to intoxication or poor health, it will be cheaper to call a taxi. You should not hope that the car will not be stopped and the driver will not be asked to show his license.

For a minor

This happens quite often. A parent, wanting to teach his child to drive, puts him behind the wheel. However, the fact that he is nearby in the next seat does not relieve him of responsibility. The formal side of the offense - transferring control of a car to a person who does not have a license - is obvious; it will not be possible to avoid a fine.

Cases of administrative offenses under Art. 12.7 are considered in the magistrate's court on the basis of a protocol drawn up by employees of the State Traffic Inspectorate.

If, when driving a car by a person who does not have a license, harm is caused to third parties, then the owner of the car will be held jointly liable along with the culprit of the accident.

If the owner was not aware of the third party’s lack of rights

When transferring control to an adult, any car owner must ensure that he has a license. This should be done not just by taking a friend’s word for it, but by looking at the validity period of the driver’s license. The owner of the car must understand that if he does not take this moment seriously, he will have to bear the consequences.

But he can be misled intentionally or unintentionally:

A person can actually have a license, be sure that he has it with him, and declare this to the owner of the car. But in reality it turns out that he forgot them and got behind the wheel without a license, that is, he unintentionally misled them. If, when clarifying the circumstances of this incident, the driver proves that he has a license, then the owner of the car will be held accountable under Art. 12.3 Code of Administrative Offences. The penalty in the form of a fine in this case will be 3,000 rubles for the owner of the vehicle and 500 rubles for the driver.
If a citizen has been deprived of the right to drive, but for some reason he still has the certificate, he can present it to the owner of the vehicle and convince him of the right to drive. In this case, there is deliberate misrepresentation. Only a court can conclude whether the car owner is at fault here or not, having considered all the circumstances and reasons for what happened.

To whom can control of the vehicle be transferred?

The action in question, performed voluntarily by the car owner, does not provide for punishment only in cases established by law:

the driver sitting behind the wheel has a license of the required category;
it is included in the compulsory motor liability insurance policy, or the insurance has no restrictions;
the car was handed over to representatives of the special services, for example, to quickly transport a victim of an accident to the hospital;
the driver is a student of a driving school and is accompanied by an instructor;
the transport was transferred under a lease agreement.

The owner of the car will not be held accountable before the law for such actions.

Who should not be allowed to drive

The owner must not transfer control to persons who are not authorized to drive the car.

For minors.
Citizens with health restrictions.
Those who are unable to drive a vehicle due to the effects of medications.
It is strictly prohibited to hand over the steering wheel to a drunk driver.
A person without a driver's license (VU). The absence of this document is equivalent to the transfer of control to a person deprived of rights.
Insurance restrictions may not allow you to get behind the wheel.

Even if the driver was stopped by a traffic police patrol, you should not resort to the excuse that the offender took the keys from the owner without asking permission. This will bring a person under an article of the Criminal Code, which provides for up to 3 years in prison (166 of the Criminal Code of the Russian Federation). When the circumstances are revealed, the car owner himself will have to answer for slander.

Reasons for receiving a fine

There may be several reasons for transferring control to any person:

One car in the family, and the spouse or grown-up children simply tear the steering wheel out of their hands, they also need to realize themselves as a full-fledged participant in a dense or not so dense flow of multi-colored cars;
There was a reason or an opportunity to drink, but you couldn’t restrain yourself, after weighing the likelihood of deprivation of your rights in the event of a personal meeting with traffic police officers. Usually the right decision is made to invite a sober driver - for money or a relative, friend, wife who can take a weak person home;
I had to take the medicine, then, after studying the label, I found that it contained alcohol or a strong recommendation not to drive after taking the substance. Again, the right choice would be to disturb close people who will willingly or without much enthusiasm help out again;
If an illness suddenly occurs, the state of health is so bad that concentration is aimed solely at keeping oneself in working condition. In this case, it will be useful to call an ambulance and inform your loved ones about the location of the car so that they can pick it up quickly.

And cases when the steering wheel cannot be transferred categorically are described in the Traffic Rules (TRAF).

Penalties for handing over the steering wheel to other people without a license

This is, firstly, unsafe, and secondly, you face a double fine for such a violation. And your child doesn’t need to start driving with an accident, and even with a bad ending. It’s better to let your child grow up and study at a driving school with an experienced instructor. Parents “delight” their child with a scooter or moped.

Despite the fact that this type of transport is small in size, a separate category has already been introduced for it.

You also need to learn how to drive such a vehicle. And a teenager’s inexperience can cost him life or health.

Sometimes people give the steering wheel to another person who does not have a driver's license.

What if the insurance is unlimited?

Today there are few people willing to take advantage of unlimited insurance due to its high cost. Also, many drivers do not know what rights such a document gives. Possession of an unlimited policy allows you to transfer the car to any person who is not included in the certificate. To do this you need to have:

rights;
power of attorney to drive a vehicle.

Open MTPL is very convenient when you often need to involve a driver who is not included in the policy. There are many advantages to an unlimited certificate:

you don’t have to worry about encounters with traffic police patrol officers;
if the vehicle is owned by a private enterprise, several employees can drive one vehicle;
If the owner of a personal car, due to an illness or injury, needs to be immediately transported to a health care facility, then it is also possible to transfer control to any unauthorized person.

The only drawback is that you will have to overpay a little. As a rule, the price for obtaining this option of compulsory motor liability insurance is 1.5 times higher than for a regular type of policy. However, after issuing an open certificate of insurance, the question will no longer arise whether the control of the car can be transferred to another person. No driving bans are imposed by persons other than the owner.

The sequence of the procedure for appealing a traffic police decision

The period for challenging traffic police fines is 10 days. The most effective option is the presence of errors in the protocol. The appeal process is carried out according to the following algorithm:

Writing a statement addressed to the head of the inspector who imposed the fine.
Writing an application addressed to the regional management of the traffic police, to the prosecutor's office.
Drawing up a lawsuit.
A detailed statement of the circumstances of the violation and an indication of the reasons for reducing liability or canceling the administrative/criminal penalty.
Attachment to the text of the statement of photos, videos, eyewitness testimony.
Handing over the application personally to an official or sending it by Russian Post by registered mail with acknowledgment of delivery.

Important! The results of the medical commission are also taken into account.

Complain if you are sure you will be heard

The driver and owner have 10 days to appeal the decision on punishment. To do this, you should carefully study the essence of the issue for punishment outlined by the inspector on paper, and consult with a car lawyer.

You can send a complaint to the following address:

to a police unit that is higher in the hierarchy of the one whose officer issued the report;
can be sent directly to the commander of the traffic police unit for consideration on the merits;
if the authorities did not find the truth, then the final authority to establish the truth will be the court.

Search and attention to the correct filling out of the protocol by the traffic police officer can reveal shortcomings and errors that are useful for the car owner:

absence of signatures of witnesses;
lack of data for complete identification: passport, full name and patronymic;
corrections in the protocol are not certified by those present;
formal explanation of the rights and responsibilities of the driver when drawing up the protocol;
failure to provide an interpreter if your command of the state language is uncertain.

An important point is the active position of the driver when drawing up the protocol.

It is much more effective for further proceedings to record your position in the protocol, expressing a denial of guilt and the far-fetched conclusions. This can convince the judge of the legitimacy of the plaintiff’s position and tip the scale of justice in his favor.

It is preferable to avoid situations in life that force you to resort to the help of another driver to drive your car. It is often better to lock the car and get to the desired location in any other way, saving money, nerves and the car.

What documents should the inspector draw up, what to look for, evidence of guilt?

This is the protocol. It is compiled by a traffic police officer. A document that sets out the factual circumstances of the case on which the accusation is based. In addition, it contains the testimony of witnesses. It is signed by an authorized person. In addition, participants in the offense. If any of them refuses to ratify the document, a record of this must be made in it. Evidence may include testimony of witnesses, photos and videos of the offense.

IMPORTANT: the protocol must indicate the date and place of its preparation. The data of the participants is entered without errors, and the facts are succinctly presented.

As a result of the consideration of the case, a decision is made. This is a document that, from a legal point of view, is of an executive nature. It can be issued by an authorized person of the State Traffic Safety Inspectorate, or a court. It sets out the circumstances of the violation of the law, lists the perpetrators, as well as the penalties that apply to them.

The resolution and the protocol are two different documents. The first is the primary one, recording the fact of the commission of an offense and describing it in detail. The second is the final document, which is issued as a result of the consideration of the case and indicates the specific culprits, as well as determining the penalties.

What is the penalty for violation?

If you do not adhere to these conditions and drive without a license, you face an administrative violation in the form of a fine of at least 5 and maximum 15 thousand rubles. In addition to monetary payment, driving without a license can lead to accidents, causing harm to the car, yourself, passengers, and pedestrians, since the young driver does not know all the rules of the road well.

Handing over the steering wheel to a minor carries with it punishment not only for the teenager, his parents, but also for the owner of the car. So, the latter will have to pay 30 thousand rubles, and if the driver was drunk, then the fine will be the same, but the deprivation of a driver’s license will also be added for up to 2 years.

If an inspector stops a teenager driving a moped, he will have a preventive conversation and may be released for the first time. The vehicle will be placed in an impound lot, from where only parents will be able to pick it up. If such a violation occurs a second time, this threatens that such a “manager” will not be allowed to take the exam to obtain a license.

Parents are responsible if their minor child breaks the law. Previously, the fine was a little more than 2,000 rubles, but in 2021 this amount reaches 30,000.

If the violation occurs a second time, then the parents will be fined twice as much, i.e. 60 thousand. In addition, the vehicle will be moved to the impound lot. The violator will pay for this, in addition, there will be a payment for hourly parking of the car.

If a minor was driving while intoxicated, then he will be fined 30,000, if the parents knew about it, then they will be fined the same amount. For a repeated violation of this type, the fine will double, and parents will be deprived of their driving license for three years.

But there are situations when the owner of the car did not know that a person under 18 years of age or without a license was driving his car. The inspector is unlikely to believe the words; they will investigate and find out the reason for what happened. It is possible that his car was simply stolen, in which case a person could be sent to prison for such unlawful actions.

Another violation that follows for driving without a license or as a teenager is that the minor is not included in the insurance policy, so driving without insurance is fined 800 rubles. The car is transported to an impound lot, from where only the owner can pick it up. If the incident happens again, the parents will be fined an even larger amount. With further similar actions, this situation will be considered as a failure to fulfill parental responsibilities, and the teenager may be transferred to state support, and the parents may be completely deprived of parental rights.

Be very careful and make sure every time that the driver of your car is a person who has reached the age of majority and has a license. Otherwise, a fine may not be the strongest punishment; it is much worse to get into an accident and damage people’s health and the car.

Penalties

If a traffic police inspector stops a driver without a license, the owner of the car who handed over the keys will be issued a decree for 3,000 rubles (clause 3 of Article 12.3 of the Administrative Code). The vehicle owner will find himself in an extremely unpleasant situation if, during the inspection, traffic police officers identify additional aggravating circumstances. For example, handing over the steering wheel to a minor is punishable by a tenfold fine compared to the previous option.

Read also: What is the fine for loss of rights