Is there a penalty for late replacement of a driver's license in 2021?

What is the fine for expired licenses in 2021

For driving a car. Driving with an expired license is tantamount to being a driver without a license at all. For this they are fined from 5,000 to 15,000 rubles. The size of the fine depends on the identity of the offender and how he communicates with the inspector.

In this case, the traffic police officer, by law, sends the car to the impound lot. According to lawyer Alexander Torvard, this is necessary to prevent further movement without rights. The only way to avoid such punishment is to hand over the steering wheel to a person with a license who is included in the OSAGO policy.

For transferring a car to another person. If you give the steering wheel to another person with an expired license, the owner of the car will be fined 30,000 rubles.

Such a fine is imposed if the owner of the car knew that he was handing the steering wheel to a person without a license. As a rule, he will be discharged if the owner of the car was also in the car and does not deny that he knew about the violation.

In both cases there are no increased fines for repeated violations.

Which passport is expired?

According to the Regulations on the Passport of the Russian Federation, this document is subject to mandatory replacement upon reaching 20 and 45 years of age. This must be done in order to change the photograph in the document, since with age a citizen’s appearance can change significantly, which will make it difficult to identify his personality using the previous document.

Read also: Illegal power outage

It is not only a passport that had to be changed upon reaching a certain age that is considered expired. The following factors are also grounds for replacing the document:

  1. Change of personal data (last name, first name or patronymic) of the owner of the document.
  2. Making changes to the date and/or place of birth of a citizen of the Russian Federation.
  3. Changing the gender of the passport holder.
  4. Dramatic changes in a citizen’s appearance (plastic surgery, injuries, etc.).

The document is considered invalid immediately after the occurrence of these events.

What determines the size of the fine for expired licenses?

You won’t be able to completely avoid a fine for driving without a license, but you can get off with a minimum of 5,000 rubles. This is what can influence the inspector's decision.

Amount of time from the expiration date. If the driver communicates politely with the inspector and the driver’s license expired recently, a couple of days ago, he may issue a minimum amount. If a driver drives with an old license for several months or years, the fine will most likely be maximum - 15,000 rubles.

Driving history. Inspectors also look at the history of violations: how often the driver receives fines and whether he pays them. If the driver has a lot of violations or is not the first time he has been caught without a license, he will most likely be charged the largest amount.

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).

How to pay a fine for an expired driver's license

Payment Methods. You can check and pay the fine in one of the following ways:

  • through "Traffic Police Fines". Open the link, enter the STS and license numbers, and email. The service will show fines;
  • Public services. You will need to register and visit an authorized center, only then can you choose.
  • Russian Post. You can pay a fine at the department only if there is a paper order and only in cash.

Is there a discount when paying? Yes, there is a 50% discount for the first 20 days. For example, instead of 5000 you will pay 2500 rubles.

Is it possible to avoid punishment for driving with an expired license?

If you are caught with an expired license. The only way to completely avoid penalties is to replace your license in advance if it has expired or will soon expire. To do this, you need to get a medical certificate, make an appointment with the traffic police and come to the department with documents at the appointed time.

If an inspector stops and notices a violation, a fine cannot be avoided. You can only count on a minimum amount and on the fact that someone you know will agree to leave by car in order to avoid evacuation.

If you let another person with an expired license drive. This driver will be fined for driving without a license. The car owner himself can avoid a fine if he did not know about the violation.

Liability for failure to pay a fine

If the violator does not pay the resulting debt in a timely manner, additional sanctions may be applied to him, regulated by Art. 20.25 Code of Administrative Offenses of the Russian Federation. These include:

  1. Arrest for up to 15 days.
  2. Increase in the amount of the fine.
  3. Correctional labor for up to 50 hours.

2 years are allotted for the execution of additional penalties. Until it is fulfilled, the violator is prohibited from leaving the territory of Russia. In addition, bailiffs can block the violator’s accounts.

Article 20.25 of the Code of Administrative Offenses of the Russian Federation “Evasion from execution of administrative punishment”

Mitigation and tightening of responsibility

A detailed list of circumstances conducive to mitigation of punishment is indicated in 4.2 of the Code of Administrative Offenses of the Russian Federation. The penalty may be reduced in the following situations:

  1. Repentance and elimination of the violation by a citizen who has committed a delay.
  2. Elimination of consequences and compensation for harm caused due to the violation.
  3. Missing a deadline due to military service, being in a hospital, or for reasons beyond the control of the offender.
  4. The violation was committed by a pregnant woman or mother of an infant.

Practice shows that in order to reduce the amount of the fine, a citizen only needs to come to the office of the Main Directorate for Migration Affairs of the Russian Federation with all the necessary documents. If the deadline is violated due to serious illness or pregnancy, the amount of the penalty may be significantly reduced. Also, if there is evidence of the seriousness of the reasons why the deadline was missed, the fine can be completely canceled.

Note: according to Art. 2.9 of the Code of Administrative Offenses of Russia, an official may release the offender from liability. Most often, this is possible when minor violations are committed (for example: being late by 1-2 days or missing a deadline due to force majeure).

In 2021, there is only one circumstance conducive to tougher punishment. This is a deliberate evasion of legal requirements. The longer a citizen ignores the requirement to replace his passport, the greater the likelihood that he will be given the maximum possible fine and additional penalties will be applied.

Read also: Law on OSAGO

How long does it take to issue a driver's license in Russia?

How to determine the validity period of a certificate. Look at the date indicated on the license in paragraph 4b. This is the last day when you can go on the road with this document.

Temporary driver's license and duplicate. Temporary licenses are not issued in Russia today. Previously, such a document could be obtained when permanent documents were lost or seized during the trial. Now, if a license is lost, it must be restored, and if a license is deprived, they are no longer confiscated; the driver surrenders them himself after a court decision.

A duplicate license is issued if the license is lost. It is no different from a regular card. Its validity period expires at the same time as the rights that were replaced.

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.

How to replace an expired driver's license

Required package of documents. To replace your license, the inspector at the traffic police department will ask you to provide:

  • passport,
  • medical certificate,
  • old rights
  • receipt of payment of state duty and application.

A receipt and application are not required if you fill out the form and pay at State Services. The inspector will find these documents in electronic form.

Replacement procedure. Follow the steps:

  1. Pass a medical examination from a psychiatrist, narcologist and therapist. The commission issues a medical certificate. Usually it costs 2000-3000 rubles.
  2. Fill out an application at the traffic police department or at the State Services.
  3. To pay the state fee, this can be done at a discount at State Services - 1,400 instead of 2,000 rubles.
  4. Come to an appointment at the traffic police department and hand over your documents. There the driver will be photographed and given a new license.

We wrote in detail about how to replace a driver's license.

Payment of the penalty

If, when visiting the Main Directorate for Migration Affairs of the Ministry of Internal Affairs of the Russian Federation, the violator was given a receipt for payment of a fine for untimely replacement of a passport, the penalty must be paid as soon as possible.

How and where to pay the fine

To pay off the resulting debt, you can use one of the payment options available in 2021:

  1. Bank branch that accepts such payments.
  2. ATMs and self-service terminals.
  3. Internet banking, for example, Sberbank - Online.
  4. Electronic money.
  5. Post office.
  6. State Services Portal.

The most reliable way is to visit a bank branch. In this case, it is recommended to keep the payment receipt, since even the fact that the payment was made by a bank employee does not provide a 100% guarantee that the money will be received according to the specified details. You can never rule out the possibility of failures in the payment system or human error.

Read also: Medical confidentiality

Using Internet services to pay, in turn, allows a citizen to save personal time, since in this case there is no need to wait in line.

Help: you can also use these methods to pay the state fee for issuing a new passport.

How long does it take to pay the fine?

After a penalty has been imposed, a citizen has the right to appeal it in court.
10 days are allotted for this from the date of the relevant decision of the authorized inspector. If no complaint is received from the violator during the specified time, then after 10 days the decision to impose a penalty takes on legal significance. The fine for an expired passport must be paid within 60 days from the date it comes into force. Ignoring the requirement to pay the collection may result in increased penalties.

Information: if a citizen does not change his passport for more than 3 months after the expiration of the designated period, he may be subject to criminal liability.

Remember: tips for the driver if stopped by traffic police

  1. If the license is expired, there will be a fine. But for the first case and with a recent deadline, it can be only 5,000 rubles.
  2. To get a smaller fine, do not be rude to the traffic police officer. It will also help if you have not had any violations before, and your rights have only slightly expired.
  3. In addition to a fine, a driver without a license usually has his car towed. To avoid this, ask her to pick up another driver who is included in the insurance.
  4. If you hand the steering wheel to a person with an expired license, the owner of the car will be fined 30,000 rubles.
  5. Both fines can be paid with a 50% discount in the first 20 days.
  6. You can no longer drive a car with an expired license. You need to pass a medical examination, pay the state fee, register with the traffic police and get new ones.

All articles by the author: Ilya Novikov

Rating
( 1 rating, average 5 out of 5 )
Did you like the article? Share with friends: