The presence of mud flaps is not provided for by the design of the car

What is the penalty for driving without mudguards?

New cars designed according to GOST, in principle, do not need rear mudguards. If you are stopped by a traffic police inspector, you need to explain to him that the wheel axle is at the same level as the lower edge of the car body, which means that cars behind are protected from “splashing.”

If the car has a different design and does not have mudguards, its owner may be fined. Today it is 500 rubles. There is also an alternative - a simple verbal warning. This is stated in Part 1 of Art. 12.5 Code of Administrative Offenses of the Russian Federation.

And clause 7.5 of the Russian Federation Traffic Regulations classifies the absence of mudguards as a malfunction that prohibits further operation of the vehicle. Therefore, the driver needs to park the car and go to the nearest car store to buy mud flaps, or proceed to the parking or repair site with the hazard lights on (according to clause 2.3.1 of the traffic rules).

According to the maintenance regulations, mudguards must be installed on the machine behind the drive axle. Which axle is the drive axle can be found in the auto parts catalogue. In addition, the mud flaps must match the width of the wheels and not have significant damage.

How to avoid punishment

As already noted, the traffic police inspector is unlikely to stop the car due to the lack of mud flaps; rather, the reason for his attention will be another offense. When the inspector discovers this shortcoming, you should try to resolve the situation and call on the police officer to limit yourself to a verbal warning.

You can explain your position by the fact that the protective accessory was lost recently and driving without mudguards is an annoying misunderstanding, a temporary phenomenon.

It is important to promise that the protective element will be installed as soon as possible. After this, it is better to immediately go to a car service center and correct the situation by attaching protective aprons to the wheels.

If the inspector remains inexorable, you need to demand full compliance with the procedure for issuing a fine: writing a protocol, on the basis of which an act on administrative punishment is prepared. If the driver insists on this, the traffic police inspector may abandon his intention due to the insignificance of the violation.

But events do not always unfold in this way, and what to do when a traffic police officer nevertheless draws up a report? Then, when signing it, it is advisable for the driver to reflect in a special column the information that the mudguards were just lost, and the driver does not agree with the decision made.

Ordinary little things, such as the presence of mud flaps on wheels, can save dozens of lives from accidents. Inspectors may fine a driver who fails to check the condition of his car. And a simple piece of rubber over a wheel can ruin a driver’s reputation, even if it was perfect.

  1. Fine for lack of mudguards
  2. Article of the Code of Administrative Offenses for the absence of mudguards
  3. How to avoid a fine if you don't have mudguards

Front and rear mudguards

The functionality of the rear and front mudguards is somewhat different.

  • The front ones are designed to protect the lower part of the car body from small or large abrasive particles and moisture, which in winter leads to the formation of ice on the sills and arches. Thus, mud flaps protect the paintwork from chipping, subsequent corrosion and premature body repairs. They are installed optionally and may not be available on new machines.
  • Rear mud flaps are usually factory installed, or the vehicle's bumper is specially designed to perform the same function. They are designed to protect other road users from dust, dirt, stones and water that fly out from under the wheels of the car in front and impair visibility.

A fine can only be received for the absence of rear mudguards, since the front ones do not affect traffic safety.

Mudguards are not provided by the manufacturer

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A mudguard is a small vehicle part made of plastic, which is installed on the rear of the car's fender.

The main purpose of its fastening is to prevent stones flying out at high speed from splashing into the vehicle following the car and creating emergency situations.

The fine for the absence of mud flaps on a car is not as significant as other penalties, but despite this, motorists should not ignore checking the presence and integrity of such parts so as not to provoke unpleasant situations.

Such situations may involve limiting visibility for another motorist or damaging the windshield of his car with a stone. The peculiarity of bringing to responsibility and the need to transfer such an amount is the following:.

Drivers rarely pay attention to its presence, since mud flaps are very short-lived and can come off within a few months of the start of active use of the car.

Car mudguards, as you know, come in front and rear. The purpose of the former is to protect your dear car, mainly the bottom, from dirt, small gravel, reagents and other road debris.

The latter are also needed to ensure the safety of vehicles coming from behind: so that all this nasty stuff doesn’t fly into the windshield from under your wheels.

In addition, mud flaps are divided into universal and individual.

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What is the fine for not wearing mudguards?

From time to time on the roads you can see the following picture: a traffic police inspector waves his baton - and the next driver stops. It would seem like a small plastic part, but the fine for not having it can be quite significant.

Drivers rarely pay attention to its presence, since mud flaps are very short-lived and can come off within a few months of the start of active use of the car.

Let's figure out what the legislation says about the presence or absence of this detail, what kind of punishment is possible here - and how to avoid it? Driving without mudguards is a punishable offense.

The fact is that the mudguard, by definition, is considered a part of the car. The fine for the absence of mudguards is provided for under Part.

However, there are some nuances that affect the imposition of a fine: However, verbatim

Therefore, if the manufacturer did not initially install mudguards on the car, no one has the right to fine you! This is possible if, instead of mudguards, the function of protecting against dust and dirt is performed by the car’s fenders themselves.

The absence of front mudguards is not a violation. In this case, dirt and crumbs flying out from under the front wheels will hit the sides of your car.

A fine for not having mudguards is a fairly rare thing. Although this penalty is provided for by law, in practice it is rarely imposed and usually as an additional penalty when the inspector stops because of some other violation.

Therefore, if the inspector notices the absence of this protective apron or its breakdown, he can interpret this situation as driving a faulty car.

But let’s imagine that, despite the rarity, you are the one who is unlucky, and the traffic police inspector who stopped you is trying to fine you for the lack of mud flaps.

What to do in this case? First of all, you should ask the traffic police officer on what basis he requires you to have mud flaps.

If your car is old or foreign-made, there is a chance to avoid a fine: on old Soviet cars, mud flaps were not initially installed by the manufacturer, and some models of foreign cars, instead of rubber mud flaps, can be equipped with specially shaped wings that prevent dirt from flying away.

At the same time, by virtue of Art. If you have a valid inspection certificate, which was carried out without mudguards, this method will work, since installing mudguards is already a change in the design of the car.

According to this norm, if there is a malfunction specified in the list from the appendix to the traffic rules, the driver is obliged to take measures for repairs, and if this is not possible, move to the repair site, observing safety precautions.

The absence of mudguards is not one of those malfunctions in which movement is absolutely prohibited, such as, for example, in the event of a malfunction of the brake system. This will come in handy if the mudguards provided by the design actually fall off along the way. In general, do not agree with a fine under any circumstances - otherwise you will not be able to challenge it.

Of course, this will lead to a trial, but the chances that you will be found innocent or that violations will be discovered in the execution of the protocol and it will be canceled are high. All the latest car news from around the world.

Mudguards

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The traffic police will not register a new car without mudguards. it is legal?

According to the basic provisions for admitting a vehicle to operation, paragraph 7. Does a traffic police officer have the right to fine such a car without mudguards? Or is it my responsibility, as a law-abiding citizen, to install them myself? If the car came from the factory without mudguards, then they are not provided for by the design. The fact that they can be installed is just an option.

Fine for not having mudguards on a car

Because every car has treads that provide good traction. The installation of mud flaps is necessary to prevent dirt, earth and stones from flying from the wheels towards the vehicle moving behind.

Otherwise, driving without mudguards will result in administrative penalties. In accordance with paragraph 7.

Mud flaps are plastic or rubber plates that are attached directly above the wheels and protect vehicles behind from dirt flying from under the wheels.

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Fine for mud flaps in 2021: penalty for missing front and rear mud flaps

From judicial practice, the presence of mud flaps is not provided for by the design of the car:. Judge of the Atkarsky City Court of the Saratov Region.... As follows from this resolution, in the complaint filed with the court, .... At the trial

Rear mudguards

I don’t know about you, but the author of this article has more than once caught himself thinking about how uncomfortable it is sometimes to drive behind a truck, van, or trailer, especially if it does not have mudguards. Here you should expect a trick at any second, and not just dirt or a lump of earth can fly out from under the wheels, but also something harder, in the form of a stone.

There are already no chips, dents or broken windshields, and maybe the headlights are missing... A very sad result given the obvious predictability of the situation. That is why all trailers and trucks today, according to modern standards, must be equipped with mud flaps.

But what will happen if the car does not have a mudguard provided by the design?

Source: https://autoland-mgn.ru/administrativnoe-pravo/brizgoviki-ne-predusmotreni-zavodom-izgotovitelem.php

Getting a fine in practice

Cases when traffic police inspectors fine a driver for lack of mud flaps are extremely rare in real life. There must be a good reason for this, for example, a conflict with the driver and a desire to find fault with something. In other cases, employees do not want to deal with small fines and waste time issuing a protocol. Therefore, many car owners have no idea that the lack of mud flaps is an offense that entails penalties.

Another option is possible, which is not prescribed in the law, but takes place in practice. The traffic police inspector draws up a protocol and, as a measure of punishment, prescribes a warning. It can also be made orally.

Procedure for issuing a fine

Actually, the absence of mud flaps in itself rarely causes a car to be stopped by the traffic police. Usually, a fine for not having mud flaps on a car becomes an accompaniment when the vehicle is stopped for another reason.

The traffic police officer must draw up a protocol on the offense, on the basis of which a fine is issued. Penalties are imposed not only for the absence of wheel arch aprons, but also in case of their incorrect installation.

The issued fine must be paid on time, namely within two months, not counting the days allocated by law for protest. After this period expires, the fine becomes overdue. Not every car owner knows what will happen if you do not pay the traffic fine on time.

After the end of the period allotted for paying the fine, punitive measures against the driver become more stringent. The fine is doubled. In addition, if the debt grows to 30 thousand rubles, the car owner will not be able to travel abroad and sell his car.

What to do if an inspector issues a fine?

If the inspector nevertheless decides to issue a fine due to the lack of mudguards, and the driver of the stopped vehicle fundamentally disagrees with this penalty, he should express his disagreement and demand that a report be drawn up.

At this stage, the employee can limit himself to a warning, not wanting to draw up a report due to a minor violation. Otherwise, the protocol drawn up by the inspector may later be appealed in court, and the punishment reduced to a warning about the need to eliminate the malfunction.

I was issued a fine, what should I do now?

If a traffic police officer discovers that your vehicle has a broken or missing mudguard, he will immediately begin the procedure for issuing an administrative resolution. violation.

In accordance with the law, you can appeal/challenge this document to the regulatory authority. The traffic police officer only needs to immediately indicate his disagreement with the preventive measure being applied and insist on reducing the punishment from a fine to a warning to eliminate this minor malfunction.

Considering that inspectors themselves don’t particularly like to get involved in drawing up protocols for minor violations, you have a good chance that the traffic police officer will change his mind about issuing you a fine. Using the money you would use to pay off the fine, we recommend purchasing and installing a splash guard, so as not to get on your nerves in the future and not get into conflicts with law enforcement inspectors.

To avoid the cost of paying a fine for the absence of mudguards, it is enough to inspect your car once a week and carry out a technical inspection more often, during which the absence or simply breakdown of this part can easily be revealed. If it turns out that something is wrong with it, then it is necessary to replace it immediately, and not put it off in a long box, hoping that the inspectors will not notice it.

Is it necessary to install mud flaps on a new car to avoid a fine?

In fact, many cars are sold under-equipped. By law, mud flaps must be present on every car. In practice, in car dealerships they are often offered as an additional option, for which you need to pay separately.

But purchasing and installing mud flaps is the only option to avoid a fine or wasting time on explanations with traffic police officers. Mud flaps can be universal (budget ones, suitable for almost any car) and individual (more expensive branded kits designed for a specific model). Branded mud flaps allow you not to spoil the appearance of the car, and universal ones are suitable for those who prioritize functionality over beauty.

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