The traffic rules of the Russian Federation state that you can drive a vehicle only if you have a license with the appropriate category issued by the traffic police. If the driver does not comply with this requirement, then he is an offender and, if the vehicle is stopped by an inspector, a decision will be drawn up against the driver and a fine will be issued for driving without a category.
The category of vehicles is the belonging of vehicles to certain groups according to certain characteristics. Federal Law No. 196 determines that there are 10 categories and 6 subcategories that give the right to drive one or another type of vehicle:
A – this includes motorcycles.
B – vehicles weighing up to 3.5 tons. Also a prerequisite is the number of seats, with the exception of the driver's seat. There should be no more than eight.
C – vehicles weighing over 3.5 tons.
D – vehicles necessary for passenger transportation, in which the number of seats is more than 8.
BE - it is necessary for the ability to drive category B vehicles when it is coupled to a trailer;
CE – applies to category C vehicles coupled to a trailer;
DE - the same, but only for vehicles of category D.
Tm – allows you to control trams.
Tb – needed to control trolleybuses.
M – mopeds and ATVs.
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In addition to these main categories, there are additional ones that give the right to drive a vehicle with a more or less powerful engine, a tricycle or a light motorcycle.
Therefore, if a car owner drives a vehicle of a different category than that indicated on his driver’s license, the traffic police officer equates this violation to driving without a license. Such a violation of the rules is serious and can result in a large fine.
There are no rights and they didn’t work out
Rights may be missing if:
- The person was deprived of his driver's license;
- The rights did not work out.
Article 12.7 of the Code of Administrative Offenses of the Russian Federation provides for penalties for driving without a driver's license. If the driver gets behind the wheel after being deprived of his license before receiving a new one – a 30 thousand ruble fine or community service, 15 days of arrest. The same penalties apply to the second option of lack of rights.
The owner of the vehicle will also receive punishment if it is a person other than the offending driver. The owner will be punished by a fine of up to 20 thousand rubles.
Amount of fine
Driving a certain type of vehicle by a driver whose license does not indicate the corresponding category is a serious administrative violation and is equivalent to driving a car without a driver's license.
The main legal act establishing responsibility for driving without the corresponding category on a driver’s license is the Code of Administrative Offenses (Article 12.7 Part 1).
In addition to a monetary fine, the offender is suspended from driving, and the vehicle itself is towed to the impound area using a forklift. The car will remain in the impound area until the offense for which it was detained is eliminated.
All costs associated with towing the vehicle and its maintenance at the impound area are paid by the offender.
There is only one way to avoid punishment - to study for a driver's license of the appropriate category at a driving school.
Obtaining a certificate can be preceded by 2 scenarios:
- Mandatory training and passing an exam at the traffic police.
A similar procedure should be carried out in the case where the category indicated on the driver’s driver’s license is fundamentally different from the vehicle he plans to drive. Training in a driving school is necessary for the driver to acquire driving skills.
Passing the theoretical and practical parts of the exam at the State Traffic Safety Inspectorate is mandatory.
- Submission of theory to the traffic police.
This option is possible when the driver has a license with category B, and he needs to obtain permission to drive a motorcycle. In this case, attending a driving school is not necessary. A person just needs to collect the necessary documents, submit them to the traffic police and pass a theoretical exam.
Full information about the terms and amounts of punishment for traffic violations
- Fines for documents
- 1 What types of fines are provided 1.1 There are rights of another category
- 1.2 Driving a vehicle after revocation of a driver’s license
- 1.3 Vehicle management after the expiration of the license
- 1.4 Driving with an automatic transmission
- 1.5 Driving with a trailer
- 1.6 Changes in vehicle design
Every motorist understands that driving a car without a driver's license is subject to administrative penalties. However, obtaining a license is not enough to drive all vehicles.
The categories of vehicle and driver's license must match. Violation of this norm is also subject to punishment, which will be discussed in this text.
Forgot my license at home
You may not have your license with you for another, more realistic reason: they were forgotten at home. In this case, if the driver is stopped by a traffic police officer to check his documents, but realizes that he did not take the license, he will be issued a fine. The fine will be 500 rubles. It seems that the amount is not significant, but additional problems arise. The fact is that without a license, the driver cannot continue driving the car. And if there is no person nearby who has a license and has insurance, or unlimited insurance and is familiar with the rights, then the car will be forced to be confiscated.
The car will have to be taken to the impound lot, from where the driver can pick it up only when he gets his license. Usually the first day of waiting for a car in the parking lot is free, but subsequent days will also require payment. Therefore, the car will need to be picked up as quickly as possible.
It is important that if the driver can provide a license within half an hour after discovering their absence, then the car may not be transported to the parking lot. The driver himself is usually not allowed to leave the place where he was stopped, and he will have to ask someone close to him to bring him his license.
What to do if stopped by a traffic police officer
The procedure for recording an offense is carried out by a traffic police officer. The case will not go to court, so it is necessary to carefully monitor possible errors that the inspector may make when filling out the protocol.
It is important to behave correctly with a traffic police officer, since penalties vary depending on the situation that arises, and the decision is made only by the inspector, without contacting other authorities. The officer may issue a minimum or maximum fine at his or her discretion.
It is necessary to record the actions of a traffic police officer on camera only in cases where he acts unlawfully or issues a fine without understanding the situation. This happens if the driver does not have a license or documents for the car.
In such cases, you need to demand clarification and refuse all offers from the traffic police officer. It is advisable if you can attract a passerby as an independent witness.
But if traffic rules were violated, then you should not behave aggressively. You need to cooperate with the inspector, but not allow permissiveness. A traffic police officer does not have the right to:
- confiscate identification documents;
- confiscate the driver's property;
- demand payment on the spot without drawing up a protocol and receiving a receipt;
- seize any other documents.
After receiving the protocol, the driver will not be able to drive the car. Therefore, you need to call a person who has the right category to operate the car. If no one can pick up the car, it will be sent to the traffic police impound lot, from where the vehicle will be released only after paying for the services of a tow truck and a parking space.
There are rights, but there is no this category
It happens that a person knows how to drive a car of one category, and get behind the wheel of a car of another type, because the difference in driving is insignificant. But finding himself behind the wheel of another vehicle, for which he has not received driving training, a person exposes himself and those around him to mortal danger.
For such driving, the driver will be fined from 5,000 to 15,000 rubles and will be removed from driving the car. The car will also be moved to an impound lot if there is no passenger with a license who can legally drive the car.
The penalties for driving without the appropriate category are essentially as severe as driving without a license. Therefore, to drive a vehicle of another category, you must undergo training for that category.
A situation often occurs when a person has the appropriate category for a car, but without a trailer - driving a car with trailers in this case is a violation. A trailer requires a special category.
At the same time, it happens the other way around, when a person studied for category A and is afraid to drive a motorcycle of category A1. There is nothing illegal about this; if you own a category, you can drive vehicles of subcategories.
If, on the contrary, there is only subcategory A1 or B1, then it is impossible to control A or B vehicles. Such violations will be equivalent to the lack of rights to drive this vehicle.
We would like to dispel another misconception regarding the idea that if you have category C or D you can drive a passenger car - this is not so. To drive a passenger car you will definitely need category B.
Transferring control of a car to a person without a license
Transferring driving rights to another person who does not have a driver’s license with him is punished more severely than if the owner of the vehicle does not have a license. In accordance with paragraph 3 of Art. 12.3 of the Code of Administrative Offenses of the Russian Federation, such a driver will have to pay a fine of 3,000 rubles.
The specified punishment will follow only if the owner of the car has a driver's license and other registration documents. If not only the driver of the car, but also its owner does not have a license, then the vehicle may be taken to a impound lot, and the driver and owner of the vehicle may be removed from driving.
If control of the car was transferred to a person who obviously does not have a driver’s license (or has been deprived of it), then the driver will have to pay a more substantial fine in the amount of 30,000 rubles (Part 3 of Article 12.7 of the Code of Administrative Offenses of the Russian Federation).
Types of categories (main)
Today there are many categories and subcategories, the main ones:
A - motorcycles;
A1 - light motorcycles o. d. no more than 125 cm and m. no more than 11 kV;
B - cars, with the exception of those belonging to category A, up to 3500 kg and the number of seats up to 8;
B1 - ATVs and tricycles;
C - cars, with the exception of those belonging to category D, more than 3500 kg;
C1 - trucks with a permissible maximum weight from 3.5 to 7.5 tons;
D - cars designed to transport passengers with more than 8 seats, except for the driver;
D1 - buses with 9-16 seats, excluding the driver's seat;
E - combinations of vehicles with a tractor belonging to categories B, C or D, which the driver has the right to drive, but which are not themselves included in one of these categories or in these categories (Trailer);
M - mopeds, scooters, as well as light quadricycles with working speed. up to 50 cu.m. cm.
Detention of a vehicle
A person who has committed such a violation is completely suspended from driving, and the car itself is detained and transported to a special parking lot.
The basis for this is the decree to completely exclude the vehicle from the transportation of people and goods.
The transportation process is carried out using another means of transportation. The machine is placed in any nearby special protected place designated for this purpose.
The car is parked in such a parking lot until the reason for its detention is completely eliminated.
The detention of a vehicle may be terminated at the place where the vehicle is seized. The process is carried out strictly in the presence of a person who has the right to drive this car strictly in accordance with established traffic rules.
Termination may only be permissible if the reason for the detention is completely eliminated before the vehicle begins moving to the designated parking lot.
The decision to detain a vehicle or to terminate this process must be made by officials. Traffic police officers are authorized to draw up special official protocols indicating that an administrative violation has been recorded.
Specialists not only draw up an agreement, but are also present at the place where the car is detained . The presence must continue until the vehicle begins to move to the designated place, that is, to a specialized parking lot.
The process of moving the car to the parking lot, storing it, and paying the material costs for all this rests with the owner of the car.
Payment is made at the time of return of the car . Documents required for driving vehicles are required to be checked.
Fines for driving without a category in different circumstances
Driving without a category is one of the most common traffic violations, which is punishable under the Code of Administrative Offenses of the Russian Federation. In this case, drivers only face a fine; no one can take away their license or car. Below we will look at the various circumstances in which a driver will be penalized for driving without a category.
If the driver has never received a license
Sometimes traffic inspectors stop drivers who not only drive without a category, but do not have a license at all and have never received one. This is a gross violation of traffic rules, which is punishable under Article 12.7 of the Code of Administrative Offenses of the Russian Federation.
Thus, driving a vehicle by a driver who does not have the right to do so (except for training) faces an administrative fine in the amount of 5 to 15 thousand rubles. The owner of the vehicle who handed over the car to a person who obviously does not have the right to drive it will also receive a fine. Its amount will be up to 30 thousand rubles.
If the driver forgot his license at home
If a driver is stopped by a traffic police inspector to check his documents, and it turns out that the motorist forgot his license at home, he will be given a fine of 500 rubles. But beyond this, additional difficulties arise. A driver cannot drive a vehicle without a license, and according to the law, his car must be sent to an impound lot. In this case, there are several options for further developments:
- If you know someone with a license nearby, you can ask him to drive. In this case, the driver must be included in the compulsory motor liability insurance (or the driver must have unlimited insurance).
- From the moment the lack of a license is discovered, the driver has half an hour to provide it. But since he is prohibited from leaving the place where he was stopped, he will have to ask one of his relatives or friends to bring him his license.
If none of the above options is possible, the car will be towed to the impound lot. To pick up your car, the driver must show up with a license. Usually the first day a car is parked is free, but for subsequent days you will have to pay.
If the driver has a license, but does not have the required category,
the difference in driving vehicles of different categories is sometimes so insignificant that having learned to drive one type of car, the driver is quite capable of driving other cars. But such driving also refers to gross violations of traffic rules, since it can be dangerous for both the driver and the surrounding road users or pedestrians.
Driving with a license without the required category threatens the violator with a fine of 5 to 15 thousand rubles. The driver will also be removed from driving, and the vehicle will be evacuated to an impound lot (if the driver cannot find someone familiar with a license allowing the vehicle to be driven).
There are often situations when a motorist drives a car with a trailer, although he has an insufficient driving category. There is also a special category for trailers. Therefore, driving a vehicle with a trailer must be learned separately. Driving such a vehicle is more difficult, and therefore an insufficiently qualified driver poses an increased threat on the road.
There are also opposite cases when a driver with a category A license is afraid to drive a light motorcycle of category A1. But there is nothing illegal here. Having rights to a category, you can manage vehicles of subcategories.
Many drivers mistakenly believe that they can drive a passenger car with a category C or D license. This is not true, and to drive a passenger car you must have a license with open category B.
If the driver's license is revoked
If a motorist was deprived of his license, but got behind the wheel, the punishment for him is imposed according to the above-mentioned Article 12.7 of the Code of Administrative Offenses of the Russian Federation. The following may be chosen as a preventive measure:
- a fine of 30 thousand rubles;
- administrative arrest for up to 15 days;
- compulsory work for a period of 100 to 200 hours.
After serving the sentence, the driver will be able to obtain a license only if he undergoes retraining at a driving school and retakes the theory and driving exams.
If category rights have expired
Driving with an expired license is equivalent to driving without a license. In this case, the driver will also receive a fine from 5 to 15 thousand rubles, but usually in such situations the maximum amount of the penalty is not established. Pernicious violators face up to 15 days of arrest or mandatory labor.
Mandatory package of documents for the driver
Government Decree (PP) of the Russian Federation No. 1090 “On Traffic Regulations” as amended in 2018, paragraph 2.1.1, determined the list of mandatory documents that the driver must have while driving the car. He must have with him:
- a certificate confirming the right to drive a vehicle with an “open” corresponding category;
- vehicle registration certificate (VTC) or technical passport, if there is a towing device - for it, but an exception is provided for mopeds and trailers for them;
- a valid MTPL policy;
- when placing a sign on the car informing that the car is being driven by a person with disabilities, a document confirming the driver’s condition;
- when transporting goods and passengers - an appropriately issued permit and waybill.
Attention! The fine for driving without documents if you forgot them at home in 2021 will be the same as for loss or complete absence. The legislator makes it the duty of the driver to submit them to the traffic police officers at the first request.
Rules for action when a violation is detected
If you are sure that the traffic police officer is making an unlawful decision, then you need to be extremely focused. First, you should turn on the camera and record what is happening on video.
Secondly, it is necessary to require the involvement of witnesses. And most importantly, you cannot sign an illegal protocol.
If the policeman still insists on a signature, then in the original document you need to make the inscription: “I do not agree.” All these actions will help you challenge the fine in the State Traffic Safety Inspectorate or in court.
If you really broke the law, then you should not enter into conflict with a police officer, since the size of the fine varies from 5 to 15 thousand and depends on the mood of the traffic inspector. However, you should not let your guard down; a traffic police officer does not have the right to confiscate documents for a car or driver’s license, or confiscate any personal items in the car.
After drawing up a report, even if it is illegal, you cannot drive your car. To prevent your car from being taken to the impound lot, you need to find someone you know with the necessary licenses and a power of attorney to drive your vehicle.
All motorists know that access to driving a vehicle is granted only if you have a driver's license. But this is not enough - the category of the license must be the same as the category of the car.
At the moment there are quite an impressive number of categories, and a driver can have several at once. To obtain a license and categories of good driving skills in a passenger car or other vehicle, it is not enough - you need to officially complete a training course at a driving school and examination testing at the State Traffic Safety Inspectorate.
