Let's start with the basics - what are the consequences?
- Sales and purchase agreement (PSA),
- car acceptance certificate,
- receipt for receipt of funds.
These 3 documents secure the transfer of ownership. PrEP has no statute of limitations - this is the first thing you need to know. The purchased property remains yours once and for all, regardless of whether it is registered with the traffic police or not. That is, the very phrase about the contract being valid for 10 days is incorrect.
The purchase and sale agreement is drawn up in at least three copies:
- for the buyer;
- for the seller;
- for MREO traffic police.
Registration of a car with the traffic police is necessary to allow the car on Russian roads.
Any vehicle model (a batch of cars imported from abroad or even an individual car) must meet the requirements of the Technical Regulations. If the manufacturer confirms compliance with the regulations, then he receives a “Type Approval”, on the basis of which a passport is issued for each car. The driver presents the PTS to the traffic police, the car is registered, and the driver is given a vehicle registration certificate.
Thus, it is the STS that confirms the safety of the car. There is no certificate - you cannot drive on the roads of the Russian Federation in this car.
How many days can you drive without a MTPL insurance policy after purchasing a car?
Any buyer in the process of purchasing (both new and used) a car faces the most popular questions about MTPL insurance:
- Is it possible to drive a car without an MTPL insurance policy?
- How many days?
- Is this legal?
- What are the fines for violations of driving a car without a policy?
- At what stage is it better to issue it?
- Can the car be towed to a parking lot or the license plates removed?
- How much will my car insurance policy cost?
Let's look into these issues and our website Auto-Dogovor.ru will give you advice on how best to prepare these documents.
So let's start, We will not, like other sites, copy the laws “On OSAGO”, articles of the Code of Administrative Offenses, clauses of traffic rules and other regulations. All information corresponds to them, has been verified, and works.
Attention!!!! All information is correct as of June 2016:
1. Important : according to the new rules, if you do not have an insurance policy, license plates will not be removed and the car will not be , only a fine is possible.
2. You complete a purchase and sale transaction for a car (new or used) and sign a purchase and sale agreement (SPA), from that moment you become the owner of the vehicle and are required to register the car within 10 days , i.e. register it. If you do not meet the deadline, then you will find:
FINE for violation of registration deadlines (for the first time): 500-800 rubles,
(for the second time): imprisonment for a period of 1-3 months or 5,000 rubles.
Advice from us: If you think that you can constantly rewrite the DCP, try to be sure that the Seller will not apply to deregister the car without your knowledge, because he still pays the road tax for the car and fines for violating traffic rules (chain letters) , and in two months you will resolve the issue in court, not to mention that you may encounter restrictions on vehicle registration (for example, the Seller did not pay fines or alimony on time (by the way, lifting restrictions sometimes takes 3-6 months))
3. OSAGO policy:
You are also given a 10-day period to obtain an insurance policy from the date of acquisition of ownership rights (signed DCP). Without a policy, district MREOs will not register your car.
Fine for driving a vehicle without compulsory motor liability insurance: 800 rubles.
for overdue periods and unregistered drivers 500 rubles.
Important: However, due to inconsistency of laws, if you do not have a compulsory motor liability insurance policy, some prompt traffic police officers may fine you, citing traffic rules . Of course, you can later challenge their actions in court, but it seems to us that it is easier to take our advice.
Advice from us: We recommend that you take out a policy immediately to avoid unforeseen circumstances; for new cars - in the showroom or order via the Internet with delivery, for used cars, if the Seller has his policy - temporarily enter you into OSAGO as a driver (in most cases it is free, with a normal KBM coefficient) or issue a 20-day policy with absence of old MTPL insurance.
RESULT: we specifically cited the most unforeseen cases in relation to the MTPL policy. In most cases, traffic police officers are loyal to the 10-day period. Therefore, after signing the car purchase and sale agreement (ownership rights), you have 10 days to issue compulsory motor liability insurance. The decision is up to you.
independent rating of insurance companies for MTPL for 2015 is presented on the side columns of our website , which we compiled based on many indicators and taking into account all of Russia, and not just large cities. We will soon write a separate article about how we compiled it and how to choose the right insurance company. Good luck on the roads!
We advise you to read >> Instructions for registering the purchase and sale of a car, the correct step-by-step procedure, necessary documents, checking the database, registration.
Legal right to travel for 10 days without compulsory motor liability insurance and registration - is it possible?
This period has been specified since time immemorial in paragraph 1 of the Basic Provisions for Vehicle Admission - 10 days. This period is necessary for passing a technical inspection, concluding a compulsory motor liability insurance agreement and, in fact, registering.
You will also be interested in:
- What happens if you don’t register your car within 10 days?
- The car has 2 owners: is it possible to buy such a car and register it with the traffic police and how?
- Is it necessary to change the color at the traffic police office if a film has been applied to the car?
Does it matter whether it's a new or used car?
Alas, for some traffic police inspectors, the source of law is not legislation, but the Internet and the media, where 95% of information is reposted. In addition, seeing a car leaving a car dealership, unscrupulous police officers begin to itch - a client with money and without state registration plates can become a gold mine.
That's why some inspectors are looking for pseudo-grounds to impose fines on drivers.
For example, they are trying to prosecute drivers of newly purchased new cars under Article 12.1 of the Code of Administrative Offenses for lack of registration, because all over the media on New Year’s Day it was trumpeted that dealers now ensure the registration of cars themselves, and when leaving the car dealership, the driver must have an STS. In fact, dealers received only the right to register cars, but not the obligation.
The same applies to the lack of state registration plates (GRP) on new cars. If the car dealership has not registered the car, then you can drive without license plates for 10 days, referring to the same paragraph 1 of the Basic Provisions of the Traffic Regulations.
Used vehicles must have registration plates in place. When a new vehicle is first registered, it is assigned a registration number and issued with appropriate registration plates. The car is subsequently sold with them.
And if a newly purchased used car does not have license plates, then a fair punishment will follow under Part 2 of Article 12.2 of the Code of Administrative Offences.
Thus, you are allowed to travel in an unregistered vehicle for 10 days. However, careless inspectors during a “divorce” can confuse drivers with the assertion that changes have been made to the laws, but they did not have time to introduce them to paragraph 1 of the Basic Provisions.
Here are links to official laws:
- The Law on Vehicle Registration - clauses 1 and 3 of part 3 of Article 8 directly states that without registration you can drive for 10 days under the DCT - more precisely, after the date of purchase of the car specified in the contract,
- in the law on compulsory motor liability insurance – part 2 of article 4,
- There is no such information in the law on technical inspection.
Based on the results of the technical inspection, the driver is issued a diagnostic card. A car older than 4 years must have one. And, if you buy a car second-hand, be sure to pick it up from the seller. If a paper copy was not issued after passing the technical inspection, then write in the DCP that the seller guarantees the availability of a valid diagnostic card in electronic form.
- Firstly, you will once again make sure that the car is “clean”, because at least during the technical inspection the VIN number is checked.
- Secondly, make sure the seller is honest. Krohobor saves not only on maintenance, but also on spare parts, operating fluids, and so on.
What to do if the traffic police fined you?
For example, the traffic police inspector refers to paragraph 2.1.1 of the traffic rules, according to which the driver must, among other things, have a vehicle insurance policy and a compulsory motor liability insurance policy. And if they are not there, impose a fine!
There is a remarkable decision of the Supreme Court AKPI12-205 dated April 17, 2012, which clearly states that 2.1.1 of the traffic rules is not valid in terms of compulsory motor liability insurance for newly purchased cars for 10 days. At the same time, take a look at Resolution No. 12-AD13-3 dated January 21, 2014.
As for the registration certificate, when purchasing a used car, the seller is obliged to transfer it to the buyer.
When driving a new car, instead of the STS, it is enough to present the DCP. The agreement confirms the legality of management. It contains the PTS number, the authenticity of which the inspector can verify by making a request. And since the PTS was issued, the car is allowed on the roads of the Russian Federation, and it is safe to drive. If a paper PTS was issued for the car, then it is better to take it with you and present it to the traffic police inspector in order to reduce the time of communication with him.
In general, there is no direct obligation to carry both the DCP and the vehicle passport. But then be prepared for the fact that you will receive a fine. And, if the traffic police officer still makes a decision, then you can and should appeal it, having already submitted all these documents to the person considering the case - the judge or his boss.
When do you need to take out insurance?
Each of the above legislative acts establishes that after purchasing a new car, you are required not only to register it and obtain license plates, but also to issue a compulsory insurance policy. Without a policy, you can only drive legally for the first ten days after purchase, and then administrative liability will follow for violation.
You are required to obtain an MTPL insurance policy after purchasing a car within 10 days, and not a day later. In addition, during these 10 days you must have time to register a new car.
The allotted time is 10 days, which is enough to carry out all the necessary actions: we start by taking out insurance, then register the vehicle, and then enter it into the state compulsory motor liability insurance certificate. numbers. This is a kind of vicious circle, since without an MTPL policy, the car is not registered with the traffic police, and the insurance must reflect information about the car’s license plate number. Accordingly, you will need to contact the insurance company twice, and 10 days will be enough for this.
Registering with the traffic police later than 10 days - how to avoid a fine?
For example, during self-isolation, access to the registration department of the traffic police and the exact time of vehicle registration is possible only through State Services. However, the registration date provided by the site is such that the 10-day period may be missed.
But, to be honest, in many departments and on ordinary days, the registration happens later than 10 days later, and you can simply miss the deadline without a fine for this reason.
For missing the registration deadline, a fine is imposed under Article 19.22 of the Code of Administrative Offenses. And in this case, the event of an offense takes place - it is stupid to deny it. But there is no corpus delicti, since there is no guilt in the driver’s actions. It is not the driver’s fault that when he tried to get a place in the registration queue on the day of purchase, he was assigned a day outside the ten-day period.
However, if the seller and the buyer are adequate people, then the purchase and sale agreement can always be rewritten to meet the allotted deadline, and it is best to come together for re-registration immediately on the day of the purchase and sale transaction.
What if the car is not running?
There are two options here.
- If you bought a damaged car and its repair will take quite a long time - more than 10 days after the date in the contract, then do not rush. The statute of limitations for the offense under Article 19.22 of the Code of Administrative Offenses is 2 months from the date of the DCT. Outside this period, no one will be legally held accountable.
- Before registration, it is necessary to undergo a number verification, that is, the inspector compares the data in the title and the actual numbers of components and assemblies on the car. At the same time, it visually identifies the presence of malfunctions for which the operation of vehicles is prohibited. If there are no visible faults and the car is not drivable, then you can bring it for registration on a tow truck.
Something else useful for you:
- How to file a complaint and restore the registration of a car if it was terminated by the State Traffic Safety Inspectorate?
- Is it possible and how to buy a credit car correctly?
- The transport tax has not arrived - what should I do?
What happens if you don’t take out a policy?
Previously it was said that you can drive a new car with impunity without an insurance policy only for the first 10 days. What happens if you don't get compulsory motor insurance? Firstly, Article 12.37 of the Code of Administrative Offenses applies to the car owner, which brings you to administrative responsibility, namely, payment of a fine of 800 rubles. Every time you are stopped by a traffic police officer and you do not have insurance, you will be issued a ticket, no matter how often you get caught. If you ignore this requirement, you may not be allowed to drive a car for up to 90 days.
In addition to imposing a fine, the inspector cannot apply any other measures to you in the absence of a compulsory motor liability insurance policy. Before 2014, you could have been deprived of your driver's license, but after amendments were made, this action is considered to be exceeding official duties.
Now let’s move on to other consequences if you use a new car and fail to obtain insurance in a timely manner.
- In the event of a traffic accident, all expenses incurred by the injured party fall on your shoulders, and therefore, you will need to compensate for the losses from your own pocket. And this is not to mention the costs that you will spend on restoring your own car.
- If you get into a minor accident and want to quickly resolve the situation, without involving the State Traffic Inspectorate, then you will not be able to do this. And all because drawing up a European protocol requires both parties to have compulsory motor liability insurance policies.
- Every time the car is stopped, the traffic police officer will ask for insurance and check its availability through the RSA database, which will take quite a lot of time, not to mention imposing a fine of 800 rubles.
- Thanks to tracking by modern cameras, they can according to the state. number to check the availability of an insurance policy and, if it is missing, a fine is sent to the registered address of the car owner. And even if you drove during the permitted period without compulsory motor liability insurance - during the first 10 days, you still need to contact the Traffic Inspectorate department and resolve this situation.
Therefore, you should not delay taking out insurance or try to save money on it. In the event of an accident, you are responsible for compensating losses to all victims. And this is far from 3,000 or 4,000 rubles that will need to be paid for a year of insurance policy. If you do not have free time or the opportunity to obtain insurance within 10 days, then you can entrust this to a trusted person by giving him a notarized power of attorney.