In order to legally drive a car, a citizen needs to obtain a special right to drive motor vehicles. To do this, you will need to reach a certain age (18 years old for driving cars, 21 years old for buses, etc.), pass exams and pass a medical examination (Part 2 of Article 25 of Federal Law No. 196 of December 10, 1995). The acquired license can be confirmed with a driver’s license (Part 4 of Article 25 of Federal Law No. 196), which is valid for 10 years from the date of issue.
Amount of fine for expired licenses in 2021
According to ab. 2 hours 1 tbsp. 28 Federal Law No. 196, if the driver’s license has expired, then the citizen loses his right to drive vehicles.
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Since this right is lost, the citizen is equated to those citizens who have never had a driving license in their lives - that is, did not study at a driving school, did not pass the relevant exams at the traffic police, etc.
Therefore, in 2021, a driver with an expired license is attracted on the same basis as individuals who have never had a driver’s license at all, that is, under Part 1 of Art. 12.7. Code of Administrative Offences.
The fine for expired licenses in 2021 ranges from 5,000 to 15,000 rubles.
Cases regarding the imposition of a fine for expired rights are not referred to the court (parts 1 and 2 of Article 23.1 of the Code of Administrative Offenses). That is, the imposition of punishment for driving with an expired driver’s license is carried out by the internal affairs bodies (stat. 23.3.) represented by:
- traffic police chiefs (their deputies);
- commanders of a separate company or battalion of traffic police (their deputies).
The specific amount of the fine for expired licenses in 2021 (5000, 6000, 7000, and maybe all 15 thousand) is determined by the above-mentioned traffic police officers in accordance with the principles of fairness and reasonableness, the financial situation of the perpetrator, the circumstances under which the violation was committed, mitigating circumstances, aggravating factors, etc. (Article 4.1 of the Administrative Code).
How long does a driver's license have?
The validity period of the driver's card is printed on its front side under the date of birth. First, it indicates when the certificate was issued, and then when the document expires.
Table 1. Validity periods of rights
Type of rights | Validity period and features of use |
National University | In most cases, the validity of a driving license is ten years. Then, according to the law, the driver is obliged to change the document to a new one. If a foreigner has a temporary residence permit in the country, he can also travel on the basis of a national ID. If a foreigner is in the Russian Federation in connection with work or entrepreneurial activity, the validity of his rights will be equal to the period of stay in Russia. |
Temporary resolution | The validity period is two months. A “temporary license” is issued if a driver’s license has been taken away for some kind of traffic violation. |
International VU | Gives Russians the right to drive a vehicle outside the Russian Federation. This type of license is valid for three years. But the validity period of foreign driving licenses never exceeds the validity period of domestic rights. |
Normative base
The legal basis for imposing penalties for driving with an expired license in 2021 consists of the following legislative acts:
- Code of Administrative Offences;
- Federal Law No. 196;
- Government Decree No. 1097 of October 24, 2014 (stating that the VA must be replaced after the expiration of its 10-year validity period, as well as on the documents provided for the purpose of replacement);
- Order of the Ministry of Internal Affairs No. 995 of October 20, 2015 (on how the state service for replacing a driver’s license is provided);
- clause 43.1. Part 1 Art. 333.33. The Tax Code of the Russian Federation - on the amount of the state duty for replacing the VU for all reasons (including upon expiration), which in 2021 is 2000 rubles.
How to replace expired rights?
It is possible to replace a driver's license without waiting for its validity to expire. To do this, you need to perform some actions and provide the following documents:
- Fill out an application for a replacement driver’s license in the prescribed form.
- Provide a passport or other identification document along with a photocopy of it.
- Have with you a medical certificate confirming that you have passed a medical examination to determine your suitability to drive a vehicle of the required category.
- Driver's card (required only for drivers trained after 2013).
- A driver's license that is subject to replacement.
- A certificate confirming that the driver’s license to drive a motor vehicle has not been revoked.
- Pay the state fee and provide a receipt.
- Photos 3*4 in the amount of three pieces. Usually this service is provided directly to the traffic police department.
After the package of relevant documents is collected and submitted, the driver’s license is replaced with a new one during the working day.
If possible, avoid expiration of your driver's license by monitoring the expiration date of the license. If such a nuisance occurs, try to make do with small losses in the form of paying a fine and preventing the arrest and evacuation of vehicles to a parking lot.
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When are rights already considered expired?
In paragraph 4b of the front side of the national Russian driver's license, issued according to a single form presented in Order of the Ministry of Internal Affairs No. 365 of May 13, 2009, the expiration date of the validity period of the driver's license is indicated.
On the next day after the specified date, the rights will already have an expired status. For example, if paragraph 4b states May 12, 2021, it means that starting from May 13 it is illegal to drive with this license. If stopped by a traffic police inspector, there will be every reason to impose a fine for an expired license from 5 to 15 thousand rubles.
Package of documents for replacing rights
Before submitting your application, you should prepare a complete set of required documentation. The stage of collecting documents should be treated with maximum responsibility, since the lack of one of them is the reason for returning the application. The list of required papers for ID exchange looks like this:
- General passport. For foreigners, in addition to the original, you will need to provide a duplicate of your identity card, translated into Russian and officially certified by the embassy or consulate.
- Photos measure 3.5 cm by 4.5 cm. In some departments, photos are taken on site using a digital camera. But such technical progress has not reached every traffic police department, especially in remote regions. Therefore, it is recommended to take care of photo cards in advance by visiting a photo studio.
- A certificate from the justice authorities confirming the absence of a ban on the exchange of rights. In most cases, traffic police specialists check the fact of imposing a restraining order on a computer, but in some departments, in the old fashioned way, they require the presentation of a certificate.
- Medical certificate confirming the absence of contraindications to driving vehicles.
- Receipt from the bank confirming payment of the state duty.
- If you do not have permanent residence in a given region, you will need to make a temporary registration. Citizens who do not have registration at all will be denied an exchange of ID.
- A driver's card confirming that you have completed training at a driving school.
- Passing a repeat exam on knowledge of traffic rules when replacing a license is not required, in contrast to the procedure for returning it after deprivation.
How many days is it allowed to travel with an expired driving license?
Not at all. In 2021, the current legislation does not provide for any grace period for replacing rights (as, for example, in relation to the MTPL policy, which can be issued within 10 days after purchasing the car).
You should take care of replacing your driver's license in advance. Resolution No. 1097 does not say anything about how many days before the actual expiration of the driving license you can contact the traffic police for a replacement. It seems that it is not necessary to do this on the last day (you can, for example, come a week in advance).
In any case, it is possible to change the driver’s license in general long before the expiration of the term, not on the basis specified in paragraphs. “a” paragraph 29 of Resolution No. 1097, and according to paragraphs. “e” clause 29, that is, simply at your own request. But then it is important to submit a medical certificate in form 003-В/у (if you do not issue it, then the medical certificate will be issued with the same validity period as it was before, and if issued, then for 10 years).
How to avoid collection
To prevent punishment, you need to:
- of replacing the device in advance It is better to play it safe and submit the appropriate application a few days before the document expires.
- Check the driver's license to whom the right to drive a vehicle is transferred, because this may result in a penalty of 30 thousand rubles.
- Regularly check the expiration date of your driver's license in order to replace it in time.
- Do not drive if your license has expired.
The latest changes to the Road Traffic Rules are effective from March 18, 2021.
Fine for transferring control to a driver with an expired license
Control can be transferred:
- in most cases – vehicle owners;
- in some situations - and drivers who can legally drive a specific car (that is, have a valid license, are included in the MTPL, for example, a daughter with a valid license and registered in the policy took the car from the mother-owner for a while, and then handed it over “steering wheel” to his friend).
The above-mentioned persons are obliged to check whether they have a driver's license before providing the car to another citizen to drive . This can be done (in relation to checking the fact of issuance of a license and the fact of delay):
- on the official Internet portal of the State Traffic Safety Inspectorate (“Services”, “Driver Check”);
- by means of a written request to the territorial traffic police authority.
If the owner or driver (the one who transfers control) knew in advance that the person had no driver’s license or it was expired, then in 2021 the following will be held liable:
- the one to whom, in fact, the “steering wheel” was handed over – under Part 1 of Art. 12.7. (fine from 5 to 15 thousand);
- the one who handed over - under Part 3 of Art. 12.7. (30 thousand).
According to Part 3 of Art. 12.7. Detention of a vehicle (Article 27.13) does not apply, but it is used when identifying an offense under Part 1 of Art. 12.7. This means that the vehicle is still placed in the impound lot. However, avoiding evacuation is very simple - the one who handed over control needs to get behind the wheel and drive on (if, of course, everything is in order with his license and OSAGO policy, that is, he can drive the vehicle legally).
The fact that the owner of the car or another person who transferred control was present in order to impose a fine of 30 thousand rubles under Part 3 of Art. 12.7. does not matter, since the protocols, in accordance with Part 4.1. Art. 28.2. Code of Administrative Offenses can be drawn up in the absence of the offender (subject to his prior notification by registered mail or telegram). And it is not necessary that the drawing up of a protocol on the imposition of penalties should take place at the site of the violation - judging by Part 2 of Art. 28.5. Code of Administrative Offenses, traffic police officials are given 2 days to do this.
It is important to know that if a citizen who gets behind the wheel does not have an expired license, but is simply forgotten at home, the following sanctions are imposed:
- the one who handed over the “steering wheel” will face a fine of 3,000 rubles (Part 3 of Article 12.3 of the Administrative Code);
- and the one who sat behind him - a warning or a fine of 500 rubles (Part 2 of Article 12.3 of the Administrative Code).
Stopped and your license has expired: what to do?
Remember a few tips if you are stopped by traffic police and it turns out that your license has already expired.
- The inspector's attitude towards you largely depends on your attitude towards him. Therefore, be polite with traffic police representatives. Don't be rude, don't act arrogant.
- The inspector has the right to stop the car in order to check documents only in the coverage area of the stationary post. Otherwise, the actions of the traffic police officer will be considered a violation, and you will avoid punishment, even if the license is indeed expired.
On a note! If you were stopped outside a stationary checkpoint and the reason for the stop was given as a “document check,” all evidence obtained after that will have no force.
A road service officer can stop a car to check documents only in the area of a stationary checkpoint.
Parking fine
If you are not allowed to drive a car due to an expired license, you will have to pay for the services of a tow truck and a parking lot. The cost of towing a car is not fixed. The price depends on the region and ranges from 1500-2500 rubles.
Storing a vehicle in a special parking lot will cost at least 40 rubles per hour or about 1000 rubles per day. The countdown begins from the first hour the vehicle enters the parking area.
You will be able to pick up your iron horse only after you eliminate the reason for the detention. In other words, your car will leave the special parking lot only after you receive a new license to replace the old one.
If your car was sent to an impound lot, find out the name of the inspector who detained the vehicle, the address of the duty station and the location of the parking lot. The officer who issued the arrest report must give permission before you can take your car. If this particular inspector is absent, the permit can be signed by the officer on duty.
How to behave with a traffic police officer at the time of a stop if you have an expired license?
Judging by paragraph 84.13. Order of the Ministry of Internal Affairs No. 664 of August 23, 2017, one of the grounds for stopping a vehicle by an inspector is the need to check the documents required to be provided by drivers in accordance with clause 2.1.1. Traffic regulations, that is:
- driver's license;
- OSAGO policy;
- STS;
- in established cases - a waybill or license card.
Moreover, stops can also be made outside stationary posts.
Based on clause 89 of Order of the Ministry of Internal Affairs No. 664, after a stop the inspector is obliged to:
- approach the driver and introduce yourself;
- briefly report the reason for the stop;
- state the demand for the transfer of documents to him.
The requirement to hand over a driver's license to a traffic police officer is absolutely legal, so it is almost impossible to hide the fact of driving with an expired license. As follows from clause 1, part 1, art. 28.1. of the Code of Administrative Offenses, the discovery by a traffic police officer of sufficient data indicating the presence of an offense is grounds for initiating an administrative case.
After the initiation of the case, a protocol is drawn up on the imposition of a fine for expired rights (under Part 1 and Part 3 of Article 12.7. This is done in most cases, since the persons specified in paragraph 5 of Part 2 of Article 23.3 are often not present at the scene of the violation Administrative Code - that is, the heads of the traffic police, their deputies, traffic police company commanders, their deputies, which means there is no basis for drawing up a resolution without a protocol - Article 28.6 of the Administrative Code). In 2021, all comments can be indicated in the text of the protocol (Part 4 of Article 28.2 of the Administrative Code). Refusal to sign will not give anything - the traffic police officer will simply make the appropriate mark.
Almost nothing depends on communication with the employee (since the actions or words of the driver do not affect the procedure - they still draw up a protocol, then send it within 3 calendar days for consideration to the authorized person (Part 1 of Article 28.8.), then the case is considered in general order (Chapter 29 of the Administrative Code).
In any case, when stopped, the driver is recommended to communicate with traffic police inspectors politely and comply with all their legal orders. If the motorist is absolutely sure that he is not guilty, but the traffic police officer still draws up a report, it’s okay – after all, there is always the possibility of an appeal (Chapter 30 of the Code of Administrative Offenses).
Drunk driving
Based on Part 3 of Art. 12.8 of the Code of Administrative Offenses of the Russian Federation, driving a car while drunk without a driving license, if the driver has never received one or has been deprived of a driver’s license for traffic violations, is punishable in one of the following ways:
- administrative arrest from 10 to 15 days;
- a fine of 30,000 rubles for those drivers for whom arrest is not applicable.
The drunk driver's car will be sent to a parking lot. These penalties are applied only if the driver’s actions did not have a criminal component (no harm was caused to the health of other people). If the driver refuses to undergo a medical examination for alcohol intoxication, he will still have to pay a fine of 30,000 rubles for driving while intoxicated.
The worst case scenario is that the driver has already had his driver's license revoked for driving while intoxicated. In this case, the driver is subject to punishment in the form of forced labor, a fine in the amount of 200,000 - 300,000 rubles or imprisonment for up to 2 years.
Fine at the time of replacing an expired driver's license at the traffic police
If a citizen’s driver’s license has expired, then in 2021 there will be no fine simply for not replacing it on time. In other words, traffic police officers impose penalties only if you drive a car with an expired license. If you do not plan to drive personal transport, then you don’t have to change your license at all.
You can apply for a replacement to the traffic police without any time limit. For example, the VU expired on September 15, 2021. You can come to the traffic police on any day in 2021, 2021, 2022, 2023, and so on.
Will there be a fine when applying to the traffic police to replace your license?
When you come to the traffic police department to replace your license, no one will check how long ago the document expired. All that matters is the presence/absence of issued and unpaid fines.
Therefore, even if you contact the State Traffic Inspectorate a year after the expiration of your license, there is no penalty for such a delay in applying (provided that you were not stopped by the inspector and another report was not issued against you).
Article on the topic: How to change a driver’s license at the traffic police, and where to find out the details and operating hours of the MREO to replace the license
Payment of fines for expired licenses in 2021
Payment of the fine for expired licenses in 2021 can be made immediately after receiving a decision on the case. It can be drawn up:
- or immediately where the driver committed the offense, in the manner specified in Art. 28.6. Code of Administrative Offenses (this happens if a warning or fine is issued, and at the scene of the offense there is a person authorized to consider the case - and in this case, this is the head of the traffic police, his deputy, or the commander of a traffic police regiment);
- or after consideration of the case in the general manner (Chapter 29 of the Code of Administrative Offenses) (this will happen if there are no grounds for immediately issuing a decision without a protocol, for example, there is no authorized person indicated above at the scene of the violation).
Regardless of the type of decision (immediately or later), it must contain details for transferring the amount of the fine for an expired driver’s license. These are the ones you should pay for:
- through any ATM;
- with the help of employees at bank branches.
From the moment the resolution comes into force, the 60-day period allotted for payment will begin to count (Part 1 of Article 32.2 of the Administrative Code). If the payment does not reach the budget within the specified time frame, a double fine will be imposed (Part 1 of Article 20.25 of the Code of Administrative Offenses), and the case will also be transferred to the bailiffs for enforcement (Part 5 of Article 32.2 of the Code of Administrative Offenses).
Other payment methods are also possible, including without leaving home:
- Yandex. Fines;
- Tinkoff. Fines;
- Unified portal of State Services;
- official website of the traffic police;
- Fines Mail. RU;
- various unofficial sites.
Nuances when determining the validity period of a driver's license
There may be cases where the rights have not yet expired, but they are already considered invalid:
- A driver's license may be considered invalid due to medical contraindications to driving.
- If your driving license document is lost or stolen, you must contact law enforcement agencies and write a statement, and then the driving license will automatically be considered invalid and must be replaced with a new one.
- If a driver's license has an untidy appearance and is scuffed due to wear, chemical, mechanical or other damage, then it must be immediately replaced because it is considered invalid.
- Troubles may also arise for owners of driver's licenses that were issued with violations or issued on the basis of forged documents, or documents that do not comply with the procedure established at the time of issue.
- Driving a car by a woman with a driver's license under her premarital name after marriage may result in her paying a monetary penalty for driving a car with an expired driver's license. In addition, this may end in an unpleasant conversation with the traffic police inspector if you do not have a marriage certificate or a copy certified by a notary with you. The best and most correct option is to immediately after marriage change your rights to others with a new last name and this will help to avoid troubles in the future.
Is there a discount on the fine for an expired driver's license?
In 2021, there is a discount on the fine for an expired driver's license. In part 1.3. Art. 32.2. it is said that fines for all violations provided for by any part of Art. 12.7. Code of Administrative Offences, can be paid with a 50% discount.
To have this opportunity, you need to make the payment within the first 20 days, which are calculated from the date of the decision. Please note that it is the adoption, and not the entry into legal force. Simply put, on the day the official issued it, the specified period begins.
For example, the commander of a traffic police regiment or the head of the traffic police (they have the right to impose punishments under parts 1 and 3 of article 12.7.) after considering the case in the manner prescribed by Chapter 29 of the Code of Administrative Offenses (or without consideration, if they were present at the scene of the violation - art. 28.6 of the Code of Administrative Offenses), may impose a fine for expired licenses in the minimum amount of 5,000 rubles. This means that you can transfer funds to the budget within the first 20 days in the amount of 2,500 rubles, and if you miss the specified deadline, there will be no discount.
Fine for driving a vehicle with someone else's license
Some citizens use someone else's driver's license: for example, your brother has the necessary document, but you didn't even go to driving school. The decision to “borrow” a VU will cost you 15,000 rubles; twice as much will have to be given to those who had rights, but they were canceled through the court for violations.
Reader question: 2 penalties for 1 violation
Hello! My son was driving a car on someone else’s license, but was “caught” by traffic police officers. Result? Arrest for 10 days, which he has already served. But now a criminal case has been opened against him: the policeman claims that his son used a deliberately forged document. As far as I know, you cannot be tried twice for 1 offense. So, is it permissible to violate the law in relation to the son?
Thanks for the question! An administrative offense is driving without a license; A criminal case was opened for the reason that your son deliberately showed someone else’s document. These are 2 offenses, so he will receive a different punishment for each.
How to avoid a fine imposed for an expired driver's license
Obvious ways to avoid fines for an expired driver's license:
- just promptly change your license before its expiration;
- Before transferring control of your car to others, always ask them to provide a driver’s license and look at the validity period (and also check the validity of the license through the traffic police website).
There is another way to avoid sanctions under Part 1 of Art. 12.7. in case a citizen’s rights expired in 2021, and for some reason he does not want to change them. You can simply ride in the passenger seat of your car and give control to relatives, friends or acquaintances, first checking that they have a valid driver’s license (and adding them to the MTPL policy if it is “limited”, or simply making “unlimited” insurance).
How much does it cost to tow a car?
The most unpleasant thing is that the cost of evacuation and storage is reimbursed by the car owner. If you have not found a replacement driver, the car will be towed to the impound lot, and you can pick it up from there only by paying the invoice in full.
Previously, we wrote about what documents should not be forgotten at home when driving, because... their absence threatens to be evacuated to a parking lot.
The amount of payment is approved by the legislative body of each subject of the Russian Federation separately, but you will have to part with several thousand rubles. You should get a new driver’s license as soon as possible to replace the expired one and make changes to your compulsory motor liability insurance policy by adding it there. We wrote more about returning a car from the impound lot here.
Part 11 of Article 27.13 of the Code of Administrative Offenses of the Russian Federation 11. The costs of moving and storing a detained vehicle, with the exception of the vehicles specified in Part 9 of this article, are reimbursed by the person who committed the administrative offense that resulted in the detention of the vehicle.
What is needed to replace your license in 2019
Read: Consequences of failure to pay a traffic fine in 2021
If we compare the possible penalties (from 5-15 thousand rubles), parking costs, in case of evacuation of the car, then taking care of the timely replacement of the license will be much more profitable. This can be done any day before the end of the term, but not earlier than 6 months. To do this, you will need to contact the traffic police with the following documents:
- Statement. It is provided in the form that is established when replacing a driver’s license. It can be provided in printed form, just enter your data.
- A medical certificate of the appropriate type, certified by doctors. An ophthalmologist, narcologist and psychiatrist also remain obligatory specialists, but only for category “B”. For other categories, additional tests and doctors will be required. The conclusion is written by the therapist.
- Certificate requiring replacement.
- Russian Federation passport.
- Receipt confirming payment of the state duty. The state duty for 2021 is 2,000 rubles.
- Document confirming completion of training. It is not always requested, but in some cases it may be required. This information can be clarified in advance, for example, when making an appointment.
The photo can be taken by the specialists accepting the documents, or you can bring a ready-made photo. It is better to clarify this information in the departments where it is planned to replace the device.
The package of documents can be supplemented in the event of a replacement of rights not only due to the expiration of their term, but also in the event of a change of surname. Then a document is provided on the basis of which the personal data has been changed, for example, a marriage or divorce certificate.
Now it is possible to submit all documents in a scanned version through the Public Services service. All you have to do is follow the navigation, fill out the fields sequentially, and upload the required documents. If completed successfully and correctly, a time will be scheduled when you will need to come up and receive a new driver's license. In addition to traffic police officers, there is the option of visiting the MFC, where they can also help in replacing your license.
If there are fines for violating traffic rules, then it is better to pay them, especially if they are overdue.
If unpaid fines are discovered, some difficulties or complaints may arise from traffic police officers. We must not forget that for failure to pay on time, additional sanctions are provided, including a manifold increase in the amount and correctional work.