Fine for lack of MTPL insurance in 2021 for individuals

What is a compulsory motor liability insurance policy for a car?

OSAGO is a mandatory policy that insures the civil liability of its owner. You should pay special attention to this and keep in mind that such a policy does not provide insurance for the property of its owner.

This means that compulsory motor liability insurance provides insurance payments only in cases where the culprit of the emergency is its owner. The injured party receives financial compensation, the insurance company assumes full responsibility for the payment, and the policy owner does not bear any expenses.

However, this only happens if at the time of the accident the driver has a compulsory motor liability insurance agreement concluded with an official insurer. It must be issued in the name of the person responsible for the accident and registered specifically for the vehicle that was involved in the accident. An alternative option is unlimited compulsory motor liability insurance, which also covers all expenses.

This is true?

No. The above news about raising the fine for insurance to 5,000 rubles and more stringent sanctions is not true, nothing more than a “canard”, a myth that is spread from year to year by unknown sources within the framework of even less known motives.

“Why from year to year?!” - you ask. Yes, because this myth has been spreading for several years with minor changes to fake data. Here you are:

• here is information about new fines from November 20, 2021 in the Yandex news feed,
• the same thing, but in 2021.

Proof!

Meanwhile, the evidence is quite simple to understand. You just need to find out how changes are introduced to traffic police fines.

And this happens as follows! A fine is an administrative sanction. And the Code of Administrative Offenses is responsible for all such sanctions. Changes to codes are introduced by Federal laws. Here's what you need to know about these innovations:

1. first of all, a draft federal law on amendments to the Code of Administrative Offenses must be developed, which is then submitted to the government for public discussion,
2. the government either accepts or rejects the project within 3 readings,
3. if the project is accepted, then its status becomes, accordingly, accepted, but it has not yet entered into legal force,
4. the new law comes into force only after its official publication on the official publication portals, which, according to the law, are the Parliamentary Gazette, the Rossiyskaya Gazeta, the Official Publication Portal and the Collection of Legislation of Russia,
5. and only after 10 days the law comes into force.

You will not find information on the publication of any new federal laws amending the Code of Administrative Offenses of the Russian Federation on any of these official sites.

Thus, the information about new traffic police fines for compulsory motor liability insurance either on November 1 or from November 20, 2021 is not true.

Want more proofs? Then take a look at the current editions of the Code on the Consultant Plus or Garant websites - as of today, there are no new editions of the Code of Administrative Offenses that will come into force on November 20, and changes to Chapter 12 of the Code of Administrative Offenses, where fines for compulsory motor liability insurance are contained, are not planned:

Editions of the Code of Administrative Offenses with new fines from November 20, 2021 on the Consultant

Editions of the Code of Administrative Offenses with new fines from November 20, 2021 on the Garant website

What is contrary to the law and what are fines for?

It happens that the car owner cannot show a document confirming his insurance. Under some circumstances, he may get off with a warning, but in most cases, a fine will be levied for the lack of compulsory motor liability insurance. In 2021 it is provided for:

1. Lack of compulsory insurance or the presence of a policy purchased illegally.
2. Presentation of an expired insurance policy.
3. Presentation of an insurance policy issued in the name of another person or issued for another vehicle.
4. Not having an insurance contract with you.

It is important to remember that each of the above cases involves the payment of a specific penalty, which is absolutely legal.

Traffic police fine 2021, if not included in insurance

According to the current rules, the car owner must take care of entering information about the new driver into the current MTPL policy in the “approved to drive” column. This requirement is specified in Part 2 of Art. 16 Federal Law No. 40 “On OSAGO”.

What fine for driving a vehicle that is not yours is imposed on a person who is not included in the policy? Since this is a direct violation of the MTPL Insurance Rules (allowing a person not specified in the contract to drive their car) and an administrative offense, the violator is punishable by paying a fine of 500 rubles (based on Part 1 of Article 12.37 of the Code of Administrative Offenses of the Russian Federation). It is also issued in the name of the driver driving someone else’s vehicle.

You can avoid punishment if you inform the insurer in time about the need to transfer the steering wheel to a person not yet specified in the limited insurance: new information will be entered when the policyholder personally contacts the company’s office (the basis of Part 3 of Article 16 of Federal Law No. 40 “On Compulsory Motor Liability Insurance”). Many insurers charge an additional fee for this service, in accordance with established rates and commensurate with the increased risk.

Article 16 of Federal Law No. 40 “On Compulsory Motor Liability Insurance”. Compulsory insurance for limited use of vehicles

3. During the period of validity of the compulsory insurance contract, which takes into account the limited use of the vehicle, the policyholder is obliged to immediately notify the insurer in writing about the transfer of control of the vehicle to drivers not indicated in the insurance policy as authorized to drive the vehicle, and (or) about an increase in the period its use beyond the period specified in the compulsory insurance contract. Upon receipt of such a message, the insurer makes appropriate changes to the insurance policy. In this case, the insurer has the right to demand payment of an additional insurance premium in accordance with insurance tariffs for compulsory insurance in proportion to the increase in risk.

If there was no opportunity to visit the office of the insurance company before an unexpected trip, the policyholder faces a fine.

Amounts of fines for lack of compulsory motor liability insurance in 2021

According to current legislation, the absence of compulsory motor liability insurance is punishable by the following fines:

1. If the car owner does not have insurance at all, he is subject to a fine of 800 rubles. For timely payment within 20 days, a 50% discount is provided, and the fine in this case is 400 rubles.
2. If a driver has an expired MTPL policy or presents a document drawn up without taking into account legislative norms, he is subject to a sanction of 500 rubles.
3. If the car owner cannot present the requested document directly on the spot, he will be subject to a fine of 500 rubles. Another option provided for by law is an official warning.

It is important to note that all data above is current for 2021. However, according to official statements, no legislative changes are expected in 2021, and all penalties remain the same.

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What is the fine for driving without insurance?

In 2021 (from January 1), a new edition of the Code of Administrative Offenses of the Russian Federation came into force. However, no changes were made to Article 12.37 and Part 2 of Article 12.3, which provide for liability for driving without insurance. Thus, for now the size of the fine remains the same - 800 and 500 rubles.

What determines the amount of the fine and why is there such a difference? The fact is that Article 12.37 and Part 2 of Article 12.3 contain several administrative offenses regarding driving without an MTPL insurance policy and the punishment depends on the severity of the offense.

Currently, the State Duma is considering a bill to increase the fine for offenses provided for in both parts of Article 12.37 of the Code of Administrative Offenses of the Russian Federation to 5,000 rubles. It was submitted to the State Duma on January 16 of this year and sent for discussion to the Legislation Committee.

Do cameras fine you for compulsory motor liability insurance today?

According to the latest data, penalties for driving without insurance in 2021 begin to apply only from the beginning of March. Until this day, the traffic police should have excluded erroneous data from the database. Since the amount of the penalty is significant, errors and inaccuracies can lead to the wrongful imposition of punishment and subsequent legal proceedings.

The leadership of the State Traffic Inspectorate has repeatedly stated that the system with data on cars and citizens does not work fully. The database lacks information:

• car numbers;
• data from the RSA database on existing insurance policies.

  

Without combining this information and integrating it with the operation of video cameras on the roads, the possibility of bringing violators to justice will not be available. It turns out that the traffic police will not issue fines for driving without insurance in 2021 based on video footage. The opportunity will become available as soon as the above conditions are met.

Important! The exact start date for fines for compulsory motor vehicle liability insurance on video cameras is not indicated, but it can begin at any time. Car owners should follow events and news in this area.

Driving with an expired insurance policy

It is prohibited to drive a vehicle with an expired policy. This rule has been in effect since 2008 and is punishable by fines. The state strictly monitors the implementation of the laws it issues, and it is impossible to avoid punishment. If previously a driver, having forgotten about his insurance policy, could drive a car for another 30 days without the risk of being punished, in 2021 it will not be possible to drive like that.

Important! Traffic police officers can punish drivers with insurance policies that are expired even by one day.

The worst consequence for the driver will not be a fine, the amount of which is not so large. The greatest danger is faced by a driver involved in an accident with expired insurance. If such a motorist becomes a participant in this unpleasant event, and his insurance policy is expired, compensation for all losses will fall entirely on his shoulders.

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What fine does a driver face for an expired OSAGO policy?

The purpose of introducing compulsory MTPL insurance was to make life easier for drivers injured in road accidents: instead of lengthy legal proceedings, the damages are compensated by the insurance company of the person responsible for the accident. When insuring motor third party liability, the owner of a vehicle (vehicle) enters into an insurance contract for a certain period (from several months to a year), which is subsequently subject to renewal (or a new one is concluded in another company). The law establishes a fine for expired insurance if the driver is found to have one.

Driving with expired insurance

Drivers often do not know how long they can drive with expired insurance, and are mistaken when they believe that after its expiration they have another month to renew it. The law presupposing these circumstances was abolished back in 2009, and today drivers have no deferment. You should consider renewing your insurance before it expires, or stop using the vehicle until you get new insurance.

In the event of an accident, the driver is obliged to pay from his own pocket for the damage caused if he is the culprit of the accident. There is also a fine for expired insurance, even if the driver is not at fault in the accident.

Recommendations

Remember that the lack of insurance will hit the car owner in the event of an accident. This will result in problems with the payment of compensation, increased tension with the victim, and a court that will clearly not be favorable to the violator of the federal law on compulsory motor liability insurance.

So that you don’t have to be puzzled by the question: “What fine does the culprit face for not having compulsory motor insurance insurance?” take care of obtaining an insurance policy in advance and try to take into account as much as possible the possible situations that may await you on the road.

This is the case when it is better to pay extra and get unlimited insurance, which will protect you from many problems.

Which article of the Code of Administrative Violations regulates the punishment for this offense?

Article 12.37 is responsible for the MTPL insurance policy in 2021. It includes two additional parts and together they regulate the entire regulatory framework relating to insurance and violations related to it.

All the negative aspects that make up this article have been discussed above. What positive aspects does this article have for drivers? These include the cancellation of license plates for driving with an expired policy. The evacuation of the car to the impound lot has also been cancelled. Now drivers do not have to be afraid of being left without a car if such a situation arises.

In addition, there is a category of vehicles for which insurance is not required. This type of transport is not subject to punishment due to the lack of a compulsory motor liability insurance policy. These include:

• vehicles owned by foreign citizens;
• cars without wheels. This situation may arise when transporting such a car using a truck or tow truck;
• cars whose maximum speed does not exceed 50 km/h;
• vehicles under the jurisdiction of the armed forces of the Russian Federation.

What the law says

A couple of years ago, the price of a compulsory MTPL insurance policy increased noticeably, which led to corresponding results: many car owners stopped using insurance services and began to be subject to numerous penalties provided for by law. To save on compulsory insurance, you can buy compulsory motor liability insurance online, having previously calculated the cost of the policy for all insurance companies using a calculator and choosing the best option.

Let's consider the basic rules and rights of traffic police officers and drivers, established officially:

1. The traffic police officer has the right to demand from the driver a document confirming his civil liability insurance.
2. The driver is required to have an insurance policy with him and, if necessary, present it to the authorized bodies.

It turns out that the absence of compulsory motor liability insurance is a violation for which penalties are provided.