The circumstances under which drivers decide to drive a vehicle without a driver’s license are quite varied. The most harmless reason is simple forgetfulness - it’s easy to forget a document at home, at work or while visiting.
But driving a vehicle without a license, being deprived of them, and even while intoxicated, is already a very serious offense.
In this article we will look at various options in which the driver may not have a driver’s license with him, and we will talk about the penalties for using a car without a driving license in each specific case.
Rights were forgotten at home
If the driver’s license was left at home due to inattention or with any intent, but they are valid and not expired, then the driver, when stopped by a traffic police inspector, faces only a fine of 500 rubles, or even a simple verbal warning (Part 2 of Article 12.3 Code of Administrative Offenses of the Russian Federation). A similar punishment under Article 12.3 of the Code of Administrative Offenses of the Russian Federation is imposed for the driver’s lack of other important documents - an MTPL insurance policy, a waybill, shipping and customs documents, as well as other registration documents.
A license forgotten at home is the most harmless option for driving without a driver's license. In order not to receive a new fine of 500 rubles at the next traffic police post, you must immediately upon discovering that you do not have a license, ask one of your friends to bring you documents or drive the vehicle to the garage (if your friends have a license).
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).
Amount of fines
For transferring control to a person who is not allowed to drive, a fairly large penalty is provided. In aggravating circumstances, the owner of the vehicle, like the driver, may face other, more serious penalties.
| Nature of the violation | Amount of fine (RUB) |
| Transferring a vehicle to a person under the influence of alcohol | From 15 to 30 thousand. |
| Managing a person without a control device | Up to 30 thousand |
| The driver is not registered with OSAGO | From 500 to 3 thousand. |
| Transfer to a minor | From 5 to 15 thousand |
It is important to know! For handing over the steering wheel to a person without a license, punishment threatens not only the owner of the vehicle, but also the person himself who was detained while driving without a license. The amount of the penalty is determined individually.
Rights lost
If you lose your driver's license, you will not have to pay anything, with the exception of the state fee for the production of a new plastic license - 2,000 rubles. In this case, the validity period of the license will remain the same as that of the lost license, and you will not need to take a theoretical exam at the traffic police.
Lack of rights due to loss is equated to their complete absence and is punishable in accordance with Part 1 of Art. 12.7 of the Code of Administrative Offenses of the Russian Federation with a fine in the amount of 5,000 to 15,000 rubles and evacuation of the car to a specialized parking lot.
When can you avoid punishment?
There are cases where fines can be prevented. However, it is extremely difficult to prove your innocence. Liability is excluded provided that the owner of the car was not aware that the person to whom he was transferring the car did not have a driver's license. To prevent such situations, it is recommended to review the document before transferring control to another person.
In addition, they are exempt from liability if a driver without a license took possession of the car on his own, without the knowledge of its owner. For theft, the driver of the vehicle faces up to 5 years in prison, but the owner of the car is not punished due to the lack of guilt.
Driving without a license is a serious offence. Therefore, when a vehicle is transferred to a driver who does not have a license, the actual owner of the car also faces liability. The size of the fine depends on several factors, including the physical condition of the person driving. In addition to financial penalties, punishment in the form of deprivation of driver's license and towing of the vehicle is possible.
No required category of rights
Following the introduction of a number of new driving license subcategories in 2013, there has been some confusion among car owners as to which ones are used in each particular case.
The question is important, considering that driving a vehicle for which there is no open category of rights is equivalent to their complete absence, for which an administrative fine of 5,000-15,000 rubles is imposed.
The introduction of new subcategories made it possible to avoid the arbitrary interpretation of some provisions of the Traffic Rules, but did not make life easier for drivers. For example, you cannot drive a car with a trailer if you only have category B; you need a corresponding subcategory. Categories appeared that allowed you to drive a tram (Tm) and a trolleybus (Tb), and the category that allowed you to drive trucks (E) was completely divided into several new ones (BE, CE, DE).
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.
Drivers' liability for traffic violations
There are several types of liability for violating traffic rules. The main legal acts by which they are regulated are the Code of Administrative Offenses of the Russian Federation (Code of Administrative Offenses), Criminal, Civil and Labor Codes. Their provisions qualify the following types of liability:
- administrative;
- civil;
- disciplinary;
- criminal
The punishment is assigned in accordance with the severity and type of violation. Each type of responsibility has certain characteristics.
Administrative responsibility
Administrative liability is regulated by Articles 12.24 and 12.8 of the Code of Administrative Offenses of the Russian Federation. The driver is subject to certain sanctions in accordance with them for neglecting traffic rules and instructions for using a vehicle, committed in conjunction with the following acts:
- Causing minor harm to human health. In this case, the violator is obliged to pay a fine of 2,500 - 5,000 rubles or refuse to drive a car for a period of 12 to 18 months.
- Causing moderate harm to human health. The driver is subject to a fine of 10,000 - 25,000 rubles or his license is confiscated for 1.5-2 years.
- Driving while drunk. There are several types of acts related to this item. Depending on their characteristics, the driver is subject to a fine (from 30,000 to 50,000 rubles), deprivation of rights (from 1.5 to 3 years) or administrative arrest (10 to 15 days).
Sanctions for administrative offenses
The following administrative penalties may be applied to the driver:
- Warning.
- Administrative fine.
- Restricting access to driving.
- Administrative arrest not exceeding 15 days.
- Confiscation of equipment with which the vehicle is equipped illegally.
Civil responsibility
A driver who causes harm to a person as a result of traffic violations must compensate him for the damage. This is the peculiarity of civil liability. If the person driving the vehicle at the time of the accident cannot be punished for the act due to incapacity or other reason, responsibility for the incident lies with those who are responsible for it.
Civil liability implies compensation for damage to moral, property or related to human life and health. This point is regulated by Article 1079 of the Civil Code of the Russian Federation.
Disciplinary responsibility
This type of liability threatens a driver who works for a transport organization. Penalties are assigned directly by the employer for violation of discipline. Depending on the fault of the vehicle operator, he may be reprimanded, reprimanded, or his employment contract may be terminated. The basis for such actions is Article 192 of the Labor Code of the Russian Federation.
Criminal liability
According to Article 264 of the Criminal Code of the Russian Federation, a driver who drives any vehicle and violates traffic rules or instructions for its operation is subject to criminal liability under the following circumstances:
- Causing serious harm to human health. In this case, a sober driver faces imprisonment for 2 years, and a drunk driver for 4 years. Each of them may be restricted from driving for 3 years.
- Fatal accident (1 person killed). The driver is deprived of his license for 3 years. If he was sober, he will be imprisoned for no more than 5 years. If the fact of alcohol intoxication is recorded, the term may increase to 7 years.
- An accident that resulted in the death of 2 or more participants in the incident. The driver's license will be revoked for 3 years. If he was sober at the time of the collision, he will be imprisoned for up to 7 years. A drunk driver may be imprisoned for a longer period (up to 9 years).
Why is a driver deprived of his license?
The driver is punished by deprivation of his license for a criminal or administrative offense. In the first case, it causes harm to life and health. The list of administrative offenses is longer. These include:
- The car owner is driving while drunk.
- Entrusting the driving of a vehicle to a drunk person.
- Refusal of an appointed medical examination.
- Neglecting the speed limit.
- Driving into the oncoming lane.
- Operating a vehicle without registration plates.
- Incorrect handling of lighting devices provided for by the design of the vehicle.
- Ignoring the standards required for the transportation of large cargo.
If the driver ignores the inspector's warning and commits any offense again, he is also deprived of the right to drive a vehicle.
The Pravdinsky District Prosecutor's Office calls on citizens to follow traffic rules and be careful on the road.
Temporary restriction of driving license
If the amount of a driver’s fines for violating the Traffic Rules exceeds 10,000 rubles, a special measure of liability may be applied to him - a temporary restriction of the validity of his driver’s license.
This punishment does not imply the withdrawal of rights, but it will still be impossible to use them until the debts on administrative fines are fully repaid.
If during the period when the license is temporarily limited, the driver is caught by a traffic police inspector driving a vehicle, then one of two penalties will be applied to him - deprivation of a driver’s license for 1 year or compulsory work for up to 50 hours.
Judicial practice under Article 12.7 of the Code of Administrative Offenses of the Russian Federation:
Supreme Court decision: Resolution No. 83-AD16-5 of July 25, 2016 Judicial Collegium for Administrative Cases, supervision
Decision of the Supreme Court: Determination No. APL16-216 dated 07/07/2016 Board of Appeal, appeal
Supreme Court decision: Resolution No. 19-AD17-12 of 05/05/2017 Judicial Collegium for Administrative Cases, supervision
Supreme Court decision: Resolution N 49-AD10-4 of 06/04/2010 Judicial Collegium for Administrative Cases, supervision
Supreme Court decision: Resolution No. 18-AD09-1 of 04/03/2009 Judicial Collegium for Administrative Cases, supervision
Supreme Court decision: Resolution No. 2-AD16-4 of 07/01/2016 Judicial Collegium for Administrative Cases, supervision
Supreme Court decision: Resolution No. 48-AD16-5 of 04/04/2016 Judicial Collegium for Administrative Cases, supervision
Decision of the Supreme Court: Determination N 33-AD14-5 dated 10.10.2014 Judicial Collegium for Administrative Cases, supervision
Supreme Court decision: Resolution N 44-AD16-29 of November 16, 2016 Judicial Collegium for Administrative Cases, supervision
Supreme Court decision: Resolution No. 15-AD16-5 of May 30, 2016 Judicial Collegium for Administrative Cases, supervision
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