According to Russian laws, minors over the age of 16 are allowed to drive only mopeds and motorcycles with a limited engine capacity. To do this, you need to undergo training and obtain a license; otherwise, if detained by State Traffic Inspectorate officers, the teenager will be subject to administrative liability under one of the articles of the Code of Administrative Offences.
Some teenagers cannot wait to reach their desired age and get behind the wheel ahead of schedule. Others drive with a license but are drunk, which further increases the risk of an accident. Still others may decide to drive a passenger car, having access only to category M or A1.
In the article we will talk about what responsibility is provided for minor violators and those who allowed control to be transferred to them.
What punishment awaits a minor for driving without a license?
There are several articles of the Code of Administrative Offenses under which teenagers are prosecuted for driving a vehicle and car owners who allow this situation to occur. To begin with, we note that liability under the Code of Administrative Offenses begins at the age of 16 under Part 1 of Article 2.3. However, under Part 2 of this article, persons from 16 to 18 years of age who have committed a minor offense may be released from liability as minors.
So, the sanctions imposed on minors without a license for driving various vehicles may be as follows:
- Fine 5-15 thousand rubles. A teenager who gets behind the wheel without a license will have to pay (under Part 1 of Article 12.7 of the Administrative Code). You can pay for it within 20 days with a 50% discount.
- Fine 30 thousand rubles. or detention for 10-15 days - awaits a teenager who does not have a driving license and gets behind the wheel while intoxicated, under Part 3 of Article 12.8. If you have a license, then for driving while drunk, a minor over the age of 16 is subject to a fine in the same amount and confiscation of his driving license for 1.5-2 years (under Part 1 of Article 12.8).
In all of the above situations, the vehicle will be confiscated and sent to the traffic police impound lot.
Let us note that, according to Part 2 of Article 32.2 of the Administrative Code, if a teenager does not have his own source of income (and most often this happens), the amount of the fine will be collected from his parents or other legal representatives. In addition, they can be held accountable for ignoring the responsibilities of raising a child under Part 1 of Article 5.35.
What are the dangers of handing over the steering wheel to a child, auto experts said
Recently, in the Far East there have often been situations where motorists observe a minor driving a vehicle. Drivers are perplexed as to how a car owner trusts a child to drive a car and ask what the punishment is for this. DEITA.RU news agency provides answers to questions of interest.
You should start by explaining the rules for transporting a minor child in a car. You can transport a child under 12 years of age only with the use of special devices that can ensure the safety of the minor. This can be a car seat or a car seat that matches the height and weight of the child. The vehicle must have child restraint systems or structures with age- and weight-appropriate seat belts. If a child is not yet 12 years old, he cannot be placed in the back seat of a motorcycle; he can be transported in the cab of a truck or in a car (taking into account all the rules in the form of a seat and seat belts), experts from the Drivers Rights Protection Service portal note. Children under 12 years of age can ride in the front seat of a car, but again only with a specialized seat or infant carrier; the use of a triangular adapter or booster is not allowed. In addition, you cannot leave a child under 7 years old in a car without being accompanied by an adult. Otherwise - a warning or a fine of 500 rubles, which, however, will increase to 2.5 thousand rubles if the violation is recorded in Moscow or St. Petersburg.
Transferring the steering wheel to a minor faces a fine of 30 thousand rubles, which will have to be paid by the person who entrusted the steering wheel to the child, most often this is the owner of the car, lawyers of the AutoTinkosti portal note. However, it is possible to avoid a fine, but in this case the case will be investigated under a criminal article. This is possible if a motorist declares that a teenager took possession of a car against the will of the owner, a case will be opened for theft.
If a minor is stopped while under the influence of alcohol or drugs, there is a high probability that the teenager will be registered with a psychoneurological dispensary with all the consequences.
If a Russian citizen under 16 years of age gets into an accident while driving a car, he will incur civil liability, which implies recovery for the damage caused. However, if the driver was a person under 14 years of age, then parents or guardians will be responsible for him in civil cases. If a teenager without a driver’s license causes serious harm to health as a driver, or people die because of him, then he will not bear criminal liability (which is due in such cases to persons over 18 years of age). At the same time, from the age of 14, a teenager who finds himself in a similar situation may well end up in a juvenile detention center.
Punishment of a driver who handed over control of a vehicle to a teenager
A situation may arise when the initiator of the idea of driving without a license is not the minor himself, but the owner of the vehicle. Or the latter does not realize the danger of the teenager’s request and easily makes concessions. Be that as it may, this poses a threat to the security of the DD. Therefore, when violators are detained by traffic police representatives, both will be held accountable.
There are several possible scenarios:
- Fine 30 thousand rubles. The driver who handed over control to a drunk teenager will pay into the budget, and will also lose his license for 1.5-2 years (under Part 2 of Article 12.8 of the Administrative Code). There is no discount on the payment of the fine, since the violation is serious.
- Only a fine of 30 thousand rubles. threatens the driver for transferring control to a teenager who simply does not have a license (except for cases of driving with a driving instructor in a specially equipped car) - if he knows about this, says Part 3 of Article 12.7 of the Administrative Code. It is possible to pay the fine with a 50% discount.
If the driver can prove that the teenager deceived him, for example, by providing a fake ID, then no punishment will be applied to the driver.
Regardless of the condition of the teenager and whether he has a license, if the owner of the car is present in the car, is sober and has a valid insurance policy, the traffic police will not seize the car.
Vehicle evacuation
The issue of towing the vehicle is not discussed. According to the law, if the driver is a person who does not have the right to drive the car, then the car is clearly subject to evacuation. Accordingly, if a minor is driving, the car will be legally sent to the impound lot.
But if at the time of the stop there is a minor behind the wheel, and in the car there is a car owner who has a license and is included in the MTPL, then no one has the right to confiscate the car. Provided that the second subject is able to operate the car.
At what age are driving licenses issued?
Previously, according to the law, it was possible to drive a vehicle with an engine capacity of up to 50 cc. see persons over 14 years of age. No rights were required in this case. Since then, the rules have become stricter, since it is not safe for a child who has not undergone special training to be on public roads. However, some people continue to remain in the dark.
In fact, now in order to drive even a low-power vehicle (moped, ATV, electric scooter), it is necessary to obtain a category M license. Persons aged 16 years or older are allowed to take the exam. Thus, a 14-year-old does not have the right to drive a vehicle, after amendments were made to the traffic rules dated 04/08/2014.
From the age of 16 you are also allowed to take a test to drive a light motorcycle with a capacity of 50 cc. cm, which belongs to category A1. From the age of 17 you are allowed to drive a more powerful motorcycle, up to 125 cc. cm.
Category B and cars become available only from the age of 18, although training can begin earlier.
Driving public transport, which requires categories D, Tm, Tb, is permissible only after reaching the age of 21.
Such requirements are determined by the characteristics of transport (in terms of complexity of control) and the consequences that may occur in the event of an accident. Thus, an accident caused by a bus will entail much more severe consequences than an incident involving a moped up to 50 cubic meters, in which mainly the moped driver will suffer.
Transferring the ability to drive a car to a minor without a license
If we talk about the ability to drive a vehicle, it comes at the age of 16. From now on, a person can drive scooters and some types of motorcycles. You cannot drive a car at the age of 16.
Administrative responsibility for a subject begins earlier – at the age of 14. And if at this age he already drives a car without a license, then he will also face liability.
But in general there are several options and situations:
- The minor who lost his license was given the right to drive a car. It looks something like this: a minor received the right to drive a scooter, but then for some reason lost it and was left without such an opportunity. If it is discovered that a person continues to drive a scooter even without a license, then he will face administrative liability. There are several options: a monetary penalty in the amount of 30 thousand rubles, arrest for 15 days, correctional labor for a total of up to 200 hours. Both the minor himself and the person who owns the scooter will be responsible. True, provided that he is detained along with the offender. Then he will be fined 30 thousand rubles.
- If a minor did not have the right to drive a vehicle at all , then the amount of punishment for him will be from five to fifteen thousand rubles. But the entity that provided the vehicle to such a minor will also be responsible. The penalty is 30,000 rubles. True, provided that the citizen’s guilt is proven. After all, it is difficult to prove that the owner of the vehicle knew about the absence of rights.
If the subject did not know about this fact, then no one has the right to punish him. The legislation clearly states: punishment occurs when the last subject is aware.
But the responsibility of the owner does not end there. If a minor, even in the past, did not have the right to drive a vehicle, then we can conclude: he was not included in the insurance. It was impossible to purchase MTPL, CASCO, etc. with it. Therefore, the car owner may be additionally punished for failure to comply with insurance rules. In this case, the penalty will be 800 rubles.
Therefore, the minimum penalty for driving a vehicle without a license by a minor will be 5000 + 800 = 5800 rubles, and the maximum penalty depends on each specific situation.
Fine for lack of insurance
If a teenager is under 16 years old, he cannot take out a MTPL and CASCO policy, just as he cannot be included in them as the owner of any vehicle.
If a minor offender is detained, he will be issued a fine for driving without a license, and the owner of the vehicle will be fined for lack of insurance for the person who was driving. In 2021, it is 800 rubles, according to part 2 of Article 12.37 of the Code of Administrative Offences. It also includes the possibility of paying at a discount within 20 days.
If there is an accident involving a minor
If you have rights and have reached the age of 16, the teenager should not be afraid of serious consequences. The accident will be registered in the usual manner, and the insurance company of the culprit will compensate for the damage caused to the victim. Of course, we are talking about situations that do not involve a criminal offense.
When a young driver does not have a license, he - or, most likely, his family - is subject to a number of fines for traffic violations, which have already been described earlier. It also compensates for all expenses from personal funds, since the driver was not included in the MTPL or CASCO policy (under Part 3 of Article 26 of the Civil Code).
If, during an incident, people were seriously injured or killed at the hands of a minor (in this case, a person under 18 years of age), the culprit will be sent to a children's colony for a period depending on the severity of the consequences of the crime.
How to report an offense
Fine for riding a moped without a license
If a citizen witnesses the transfer of control of a car to a minor, this can be reported to the traffic police department at the place where the illegal act was committed. To do this, you must write a corresponding application and attach undeniable evidence (photo or video). This can also be done online using the traffic police website.
A fine is the main punishment for the parents of a young driver who committed such an offense. To prevent such illegal acts, due attention should be paid to the upbringing of the child and conversations should be held about correct behavior on the road.
*Fine amounts are current for 2021.
