What is it - gross violations of the terms and conditions of MTPL insurance and how to avoid problems? Consequences and responsibility

Fine for driving without MTPL insurance in 2021 - changes to the Code of Administrative Offenses

There are situations when the owner gives his car to another driver. Is the driver who gets behind the wheel and is not the owner of the car liable? Yes. The owner will also receive a fine of 1,000 rubles if the MTPL document is not in the car.

But there is a solution to the problem: the owner can enter into an agreement for the free use of transport. Then you can avoid penalties.

No one is immune from such a disaster as a road accident. This can happen to anyone, but what awaits those drivers who ignore the law and drive a car without compulsory motor liability insurance?

It is worth noting that the amount for the violation that will be charged to drivers who repeatedly violate the law and are involved in accidents will be increased. In addition, all the damage will fall on your shoulders, even if you are not the culprit of the accident. There is also a huge chance that the driver will be deprived of his license for a period of three years.

Let's talk about the fine for driving without insurance in different countries. Below we have listed several developed countries where the punishment is quite impressive.

USA

In the US, you can refuse car insurance, but you still have to pay. To do this, you need to prove your solvency, after which the authorities are paid $500. If a US driver drives without insurance where it is required, he may face imprisonment instead of a fine.

Let’s assume the following option: the driver has insurance with a valid period, but there are errors or typos in the contract itself. Is there a fine in this case? In 2021, the law says unequivocally yes - the amount of monetary withholding in favor of the state will be 500 rubles .

Drivers often wonder whether penalties can be imposed if the policy is issued electronically and they do not have a printed version with them.

There can be no such fine in 2021 . Moreover, this point is supported not only by common sense, but also by law.

If a traffic police inspector stops, you can provide him with the policy on the screen of a smartphone or any other device. Even just a written down policy number will do. In any case, an inspection employee can easily find out about the availability and details of the MTPL agreement by using the car number or driver details.

Is this type of insurance required?

Unlike other types of insurance, compulsory motor liability insurance is mandatory, because without it, according to traffic rules, the driver cannot drive a car. Having this type of insurance is especially important when the accident is your own fault. Indeed, in this case, the insurance company from which the policy was purchased pays for the repair of someone else’s car. When the other driver is at fault for an accident, compensation is paid by the at-fault driver's insurance company. Payments under compulsory motor liability insurance occur only for the repair of someone else’s car, while the person responsible for the accident repairs his car at his own expense.

If the car owner does not have MTPL insurance:

• A fine of 800 rubles is provided.
• If the vehicle has insurance, but another person was driving at the time the documents were checked, the fine is 500 rubles.

This difference between fines was introduced to combat driving while intoxicated. After all, it is better that in such a situation someone close to you is driving, and not a drunk person. A fine of 500 rubles is also imposed on drivers who took out insurance but forgot it at home.

Attention! The amount of the fine may be half as much and amount to 400 rubles, provided that the driver pays it within 20 days.

Even taking into account the fact that compulsory motor liability insurance is mandatory, it does not affect some drivers. They refuse this type of insurance, hoping to save money this way. But even the most experienced driver cannot be completely sure of the situation on the road. And getting into an accident without insurance entails large costs for repairing your own and someone else’s car. Therefore, the law obliges all drivers to have this insurance policy.

Read more about whether you can legally drive without compulsory motor liability insurance here, and this article tells you how long you can drive without a policy after buying a new car.

OSAGO in 2021: what drivers should prepare for

Legislation has been in place for several years to encourage timely payment of most car fines. In 2021, the so-called “discount” for paying a fine during the first 20 days will continue to apply.

In this case, the fine for lack of insurance will be 400 rubles , and for an expired contract or errors in it - 250 rubles .

With the advent of digital technologies, they inevitably begin to be used by various government agencies. This also affected fines for lack of insurance. Last year, technologies for determining the availability of insurance policies using vehicle numbers using stationary cameras began working in Moscow and the Moscow region.

In 2021, the authorities promise to distribute the “new product” in other regions. Thus, now a fine for lack of MTPL insurance can be received not only directly from the inspector, but also by mail.

This question has been of interest to drivers since 2021, when they promised to introduce a similar system for use in Tatarstan and Moscow, but the situation is such that the launch is constantly postponed.

At the moment, information periodically appears that this system will still be launched in 2021, but there is no exact data yet. That is why you have to wait for updates and the latest news regarding this innovation.

Its essence should be that cameras placed directly on the roads will be able to record the presence of insurance in photos and videos. After this, the photo will be given to the citizen along with a fine in the form of a letter. It is this option for monitoring the availability of documents that is quite promising, but in reality nothing is yet known and no one can give accurate information when the system will work.

Important ! If the camera system does work, then it will not be the driver who will receive the fine, but the owner to whom the car is registered. This should definitely be remembered by those whose car is used by third parties. The fines will still have to be paid by the owner.

The most important innovation in the work of OSAGO is a change in the principle of calculating the bonus-malus coefficient (BMR). Now, when determining the cost of a car insurance policy, insurance companies will look not only at the age, length of service of the driver and the number of accidents in which he was at fault, but also at the number of gross traffic violations.

This is one of those innovations that was adopted last summer, but will only be fully operational this year. Thanks to them, the MTPL policy for reckless drivers should become more expensive. What traffic violations will affect its cost? Only the rudest ones. Those who have been deprived of their driver's license for driving while intoxicated, as well as those who have been punished for running a red light, driving into the oncoming lane, or exceeding the speed limit by 60 km/h or more will have to pay an increased rate. Moreover, only violations recorded more than once will be counted, that is, more than once.

It is assumed that insurers will receive information about violators from a special traffic police database. That is, the insurance company will send a special request to the State Traffic Inspectorate, receive a response about a specific driver and, based on this, decide to apply an increased coefficient. In general, a definite step towards justice, albeit a small step. After all, firstly, as we have already said, the cost of compulsory motor liability insurance will be affected exclusively by gross violations. Anyone who drives, but does not fall under the “deprivation” clause or changes lanes across several lanes, will pay the same amount as before.

Secondly, in order for the recorded violations to affect the cost of the vehicle, the driver must be stopped by a traffic police inspector. “Letters of chain” from cameras will not affect the price of the policy at all.

Finally, thirdly, although formally the innovations have already been adopted, insurers still need to establish regulations for access to the traffic police database, and also wait for the corresponding government decree. This should happen in 2021, but exactly when is not yet known. “Interaction with the traffic police on the exchange of data on gross traffic violations is now in the process of debugging,” the press service of the Russian Union of Auto Insurers (RUA) told Drom. They emphasized that the presence of repeated gross violations will be only one of the tariff factors that insurance companies will use. “At the same time, the base tariff rate is still determined within the tariff corridor, which for cars of individuals is in the range from 2,471 to 5,436 rubles,” noted the RSA.

Also in 2021, drivers may have the opportunity to submit an online application for payments under compulsory motor liability insurance. This provision is contained in the bill, which was adopted by the State Duma in the first reading in December 2021. It is assumed that the driver will not have to send documents by mail or come to the insurance company in person, as now - it will be enough to fill out a special form on the Internet. Moreover, such a form should appear on the State Services portal. In addition, motorists will not need to submit their damaged property for inspection—photos and videos of the damage sent using the OSAGO Assistant application will suffice.

The changes have already been supported by the Russian Union of Insurers (RUA), however, proposing that they be finalized.

In particular, the RSA wants that at the first stage the norm applies only to cases of compensation for material damage and does not affect harm to life and health. “In addition, damage to cars as a result of an accident can be hidden, and some of them can only be determined by an expert. A separate study also requires the question of whether all existing damage was received as a result of a specific accident. Therefore, it seems appropriate to give the insurer the right to inspect the damaged car if the information received online does not allow us to determine the existence of an insured event and the amount of payment,” the RSA press service explained to Droma’s correspondent.

Most likely, these proposals will be reflected in the text of the bill. It is expected that the amendments will be presented in mid-January 2021, after which the State Duma will consider the bill in the second and third readings, and then send it to the Federation Council and the president for signature. Considering the general trend towards digitalization of various services, we can assume that the new service will start working in 2021.

Another innovation is related not to the MTPL itself, but to the process of obtaining a diagnostic card. Already on March 1, 2021, the rules for passing technical inspection will change in Russia. Now drivers will be able to receive a diagnostic card only after visiting a service authorized by the RSA and the State Traffic Safety Inspectorate.

The technical inspection itself will be filmed, and service employees will have to enter photographs and information about the car and the results of the procedure into a special database in real time. That is, the technical inspection will no longer be formal.

What does OSAGO have to do with it? The thing is that without passing a technical inspection, drivers will not be able to receive a diagnostic card. And it is needed to issue an auto insurance policy. Moreover, if the motorist does not have a valid diagnostic card, the insurance company may make recourse claims and refuse to pay him. Because of this, it is possible that as early as February 2021, drivers will en masse exchange their diagnostic cards for new ones.

“The reason for this is very simple: the fact is that even in Moscow there are [authorized] technical inspection points. But their number is not enough to ensure the inspection of 5 million cars,” Pyotr Shkumatov, coordinator of the Blue Buckets movement, explained to Drom. “I think that if drivers don’t find workarounds, there will be queues at inspection points. It’s better not to participate in this experiment, wait until 2022–2023 and see how it all ends,” the expert added. He also added that it would be better for drivers if the inspection procedure could be combined with scheduled maintenance at a regular service station.

In turn, RSA believes that the inspection procedure is being tightened to combat unscrupulous motorists who buy a diagnostic card without actually passing a technical inspection. By the way, the fine for lack of technical inspection will soon return to the Russian Federation - 2,000 rubles. True, it will start working only a year after the introduction of the new rules - in March 2022.

• We calculate the cost of the policy;
• We agree on the details with the customer and issue a policy;
• we transfer the document to the delivery department.

We guarantee delivery of the policy within two hours or the next day after it is issued. The client signs the contract and two receipts presented by the courier with payment on the spot. We provide a signed copy of the MTPL policy and application to the insurance company.

The legislation of the Russian Federation has been considering issues of rewarding its debtors for timely payment of fines for several years now. In 2021, there will also be a 50% discount on timely payment of fines. The motorist will have to pay the fine within 20 days of receiving it.

So, for example, if a motorist received a fine for not having an insurance policy, then during the first 20 days he will have to pay only 400 rubles, and if the policy is expired, only 250 rubles.

Perhaps the only way to avoid being fined for not having an insurance policy is to take out one. This not only provides protection from fines, but also guarantees liability insurance in the event of an accident.

In order to get acquainted with possible insurance rates and choose the best one, you need to use a special online calculator. He will make calculations for more than 15 companies and offer the best option.

In Russia, for several years now, there has been a system of providing a 50% discount for traffic violators who pay the fine within 20 days from the date of its issuance. This rule does not apply only to the most serious offenses on the road, but the absence of compulsory motor liability insurance is not one of them.

As a result, if you promptly pay for missing insurance, you will have to pay 400 rubles, and in all other above cases, only 250 rubles.

Already this year, on the roads of Moscow and the Moscow region, not only traffic police crews were checking the availability of insurance policies, but also traffic cameras, checking the entire flow of traffic passing through them.

The Ministry of Internal Affairs expects that in 2021 they will launch similar inspection systems in other Russian regions, which will greatly increase the efficiency of identifying drivers operating cars without a compulsory motor liability insurance agreement. As a result, car owners will receive notifications of the need to pay a fine by mail.

To eliminate the possibility of receiving a fine for lack of insurance, you simply need to issue it in a timely manner, especially since it effectively protects the policyholder from liability to other road users.

Take advantage of the online calculator, which, based on the user’s data, will instantly calculate the cost of the policy in 15 leading Russian companies and allow you to choose the best option for the price.

A pilot project to check, using automatic photo and video recording systems, whether a motorist has or does not have an issued auto insurance policy, was planned to be launched in Moscow and the Republic of Tatarstan from September 1, 2021.

However, the system did not work on the appointed date. The launch was postponed until November 1, 2021, but nothing happened on that day either.

There is no new information yet regarding when cameras will check MTPL policies in 2021, and decisions will be delivered by mail to violators.

The procedure for paying insurance compensation under MTPL

If you want to receive decent compensation under compulsory motor liability insurance, you must follow the following rules:

1. After an accident occurs, notify your insurance company about it within 5 days. During this time, you must submit an application for compensation for damage, attach the necessary documents: passport, insurance policy, papers from the scene of the accident, details for transfer.
2. The insurance company will give you a referral for a car assessment. It is useful to conduct an independent examination. This will give you a better chance of getting enough money to repair your car. The assessment of the damaged vehicle by the customer, which is the insurer, is often underestimated, and you can receive its results only after the payment has already been made.
3. Within 20 days, the insurance company must provide you with an answer to your application and a report indicating the damage to the car, the type of compensation, and its amount. If a decision is made to provide compensation in kind, the insurer issues a referral for repairs. The direction indicates the time frame for repairing the vehicle, the name and address of the service station. In case of payment in money, the amount of compensation specified in the act is transferred to your account within 20 days.

The insurance company may take longer than 20 working days to make a decision on your application. For example, if you brought your car for examination later than the agreed date, the date of compensation will shift by the number of days that you were overdue.

Refusal to pay, indicating the reason, must be sent to you within 20 business days.

If there is no response, after the expiration of the twenty-day period you need to wait another week; most likely, the insurer sent your documents by mail.

An important point: if you have been given a referral to a service station that does not suit you for some reason, then write a statement indicating that you want to have your car repaired at another service center. The insurance company is obliged to consider such an application and make a decision on it within 30 days. In addition, the distance of the car service cannot exceed 50 km from the place of residence of the owner of the car or accident.

When issuing a referral to a service station, keep in mind that delaying the repair of a car is also a violation - you can demand a penalty. There are other reasons to demand a penalty from the insurance company.

Fine for lack of MTPL insurance in 2021

Until November 15, 2014, such an administrative measure was used as a ban on the operation of a motor vehicle for the absence of compulsory motor insurance.

It consisted of removing the State License Plates (GRP) by a traffic police official (clause 144 of Order No. 185 of the Ministry of Internal Affairs of the Russian Federation dated March 2, 2009, which has now lost its legal force). The seized signs were stored in the territorial division of the traffic police.

Within 1 day, in a car without license plates, it was possible to get to the place where the reason for the prohibition of operation was eliminated (for example, to the insurer’s office in order to issue an MTPL policy). After 1 day, movement of the car without a road protection device was possible only with the help of another vehicle (for example, a tow truck).

In 2021, license plates will not be removed for lack of insurance, as well as for other traffic violations.

Back in mid-2021, a system storing data on all driver violations was supposed to be operational. As planned, insurance companies were supposed to have access to it and, based on the information received, create individual coefficients for policyholders. So, in case of exceeding the speed by 60 km/h, crossing a continuous road or driving while intoxicated, the coefficient will increase, which will significantly increase the cost of insurance.

They decided to finalize and change the system (insurers will not be shown specific violations and their number). As a result, the insurance company's request is expected to receive a "yes" or "no" response. On this basis, they will decide to increase the coefficient.

In addition to organizing the technical side, a resolution of the Government of the Russian Federation is required, which will regulate the relationship between the RSA and the traffic police.

From March 2021, the rules for undergoing maintenance are completely changing, which directly affect the issuance of an MTPL insurance policy. In 2021, drivers will have to use only services authorized by the State Traffic Safety Inspectorate and the RSA. After passing the inspection, its results and photographs of the car are entered into a single online database.

These changes will reduce the number of “gray” inspection tickets - which are issued without undergoing an inspection and regardless of the actual condition of the car. Violation of station rules will result in large fines.

Current legislation does not imply liability for failure to pass a vehicle inspection. So far, the norm of the Code of Administrative Offenses of the Russian Federation applies only to public transport, taxis and special cargo transport. From March 2022, ordinary drivers will also be punished for not having a maintenance ticket. It is planned that the fine will be 2,000 rubles.

Due to the pandemic in Russia, until November 2021, there was a “quarantine deferment” for the driver to provide a diagnostic card to the insurer. Insurance companies issued compulsory motor liability insurance without a diagnostic card. After this period, all drivers had to undergo a technical inspection and provide documents to the insurer.

Failure to comply with this rule may become grounds for refusal to provide compensation in the event of an insured event. This means that the driver will independently compensate for all damage caused, despite having a valid MTPL policy.

In November 2021, the mobile application “Compulsory Motor Liability Insurance Assistant” was launched, which allows you to register road accidents according to the European protocol electronically. To do this, the following conditions must be met:

1. There are no disagreements between the drivers regarding the circumstances of the incident.
2. Both participants have an identified account on the official government services portal.

The maximum amount of compensation when using the simplified procedure is 100,000 rubles, but it can be increased to 400,000 if you use photo recording through the application.

In 2021, the Gosuslugi.Avto mobile application will also launch. It will be possible to simultaneously register a protocol from 2 devices, and it will also be possible to enter and save data in the absence of an Internet connection.

For drunk drivers, the presence of a minor child under 16 years old in the car will become an aggravating circumstance. Refusal to undergo an examination will now be punished more severely than for driving while intoxicated.

Violation Will Now Driving a vehicle by a driver while intoxicated 30,000 ₽ and deprivation of rights for 1.5–2 years 30,000 ₽ and deprivation of rights for 1.5–2 years Driving a vehicle by a driver while intoxicated (with a minor in the car) 50,000 ₽ and deprivation license for 2–3 years - Transfer of control to a person in a state of intoxication 30,000 ₽ and deprivation of rights for 1.5–2 years 30,000 ₽ and deprivation of rights for 1.5–2 years Refusal of the driver to undergo a medical examination for intoxication 40,000 ₽ and deprivation of rights for 2–3 years 30,000 ₽ and deprivation of rights for 1.5–2 years Refusal of the driver to undergo a medical examination for intoxication (with a minor in the car) 50,000 ₽ and deprivation of rights for 2–3 years -

For transporting a child without a child seat, if its use is mandatory, the punishment will be more severe.

Violation Will Now Violation of the rules for the transportation of goods or rules of towing 500 ₽ 500 ₽ Violation of the rules for transporting people 500 ₽ 500 ₽ Violation of the requirements for the transportation of children 3000 ₽ 3000 ₽ Violation of the requirements for the transportation of children with the mandatory use of restraints 5000 ₽ - Violation Will Now Violation of traffic rules, resulting in minor harm to health 2500-5000 ₽ or deprivation of rights for 1–1.5 years 2500-5000 ₽ or deprivation of rights for 1–1.5 years Violation of traffic rules resulting in causing moderate harm to health 10000-25000 ₽ or deprivation of rights to 1.5–2 years 10,000-25,000 ₽ or deprivation of rights for 1.5–2 years Leaving the scene of an accident Imprisonment for 1–1.5 years Imprisonment for 1–1.5 years Failure to comply with the requirement to prohibit the use of alcohol or drugs after an accident or after stopping the vehicle at the request of the police before conducting an examination 30,000 ₽ and deprivation of rights for 1.5–2 years 30,000 ₽ and deprivation of rights for 1.5–2 years

Now the draft of the new Code of Administrative Offenses is at the stage of public discussion, then it must be submitted to the State Duma for approval. Meanwhile, the increase in fines, primarily for speeding, has already been criticized by both deputies and the new prime minister.

In Moscow, they actively tested a system for determining the availability of insurance policies by car numbers. Last year allowed the technology to be tested, and pilot projects are expected to be launched in other cities in the near future, but it is not yet clear who exactly will be on this list.

In 2021, it is expected that stationary cameras in different cities will “learn” to recognize cars without compulsory motor liability insurance and issue a fine. It turns out that very soon it will be possible to receive retribution for forgetfulness not only from the hands of a traffic police inspector, but also by regular mail.

Deprivation of rights for lack of compulsory motor liability insurance - what is this new law?

There is one effective and legal way to minimize the risk of being fined for not having compulsory motor insurance: you just need to take out insurance. Having a policy is necessary primarily in order to avoid spending money in the event that you become the culprit of an accident. The insurer will pay compensation to the victims instead of you. If you do not have a policy, then this heavy burden will fall only on you.

The OSAGO online calculator will help you choose the best price option. It quickly calculates insurance premiums taking into account the adjustment factors in force in 2021 and offers several options from different companies.

A database of persistent violators, new technical inspection rules, fines from cameras for driving without an insurance policy and personal coefficients for each driver - how the MTPL system will change in 2021

The reform of the compulsory automobile insurance system was launched in the fall of 2021, and it was planned to adopt new rules for motor vehicle insurance in three stages. Most of the innovations officially came into force in the summer of 2021. However, due to the pandemic, not all points of the program were completed on time, and much of it will only start working in 2021.

1. Penalties can await a person if he does not have compulsory motor liability insurance and never has. In 2021, you will have to pay a fine of eight hundred rubles without towing the vehicle .
2. A fine for an expired policy will cost a forgetful motorist five hundred rubles .
3. A policy that is filled out with errors will also cost you a pretty penny. Errors in the text of the contract, typos, incorrect information about the owner of the car and other oversights will cost five hundred rubles .
4. If the electronic version of the policy is not printed, there will be no fine . If the driver of a vehicle is stopped by a traffic police inspector, it is enough to show the policy on the screen of your mobile phone. An alternative option is to demonstrate the policy number, which a law enforcement representative can check against the information database.

You can pay the fine with a fifty percent discount. The promotion is valid for the first twenty days after the administrative protocol is drawn up. This practice has been in effect on the territory of the Russian Federation for quite a long time, and the majority of violating drivers have managed to appreciate its advantages.

In the above case, a fine of four hundred rubles will save your budget if we are talking about the lack of insurance. If errors are found in the policy, you will have to part with 250 rubles.

Fine for driving without MTPL insurance in 2021

To avoid receiving a fine, it is advisable to issue a policy in a timely manner. Simple measures will protect you from liability and save the budget of the vehicle owner. In case of an accident, a policy may also be needed. Take care of your own safety in advance. To view the current MTPL offers, use the online calculator. He will help you choose the most profitable option for obtaining an insurance policy.

With a Russian flag and a limousine design.

In the event of an accident, the insurance company will not only not reimburse the money to a motorist without a technical inspection, but will also be able to claim past payments from the unfortunate driver. A valid MTPL policy will not interfere with this.

As a result, you need to remember the new insurance rules in order to avoid fines and dishonest inspectors.

For several years now, the law has included a clause to encourage drivers who pay their fines on time. Next year the situation will not change and everyone will receive a “discount” if the fine is paid within 20 days from the date of violation.

It turns out that the driver must pay 400 rubles for the absence of an insurance policy, and 250 rubles for typos or expired validity.

With the development of technology, more and more new devices for catching violators are appearing in government agencies. The fine for not having a compulsory motor liability insurance policy has not been spared by the innovations. In 2021, they began to use stationary cameras that can detect the absence of a vehicle insurance contract. Such cameras first appeared in the Moscow region. and in the capital itself.

Government authorities promised to install the “new product” in different regions of the country next year. This will allow not only traffic police officers to issue a protocol for violations, but also to send fines by mail.

The surest way to avoid a fine for lack of insurance is to take out MTPL. The policy will not only help you feel calmer during an inspection by an inspector, but also insures the driver’s liability in the event of an accident.

On the Internet you can find an online OSAGO calculator, where you can find out all the rates for issuing a policy. Everyone has access to calculations for more than 15 companies with all established coefficients for 2021.

What is it - non-compliance with the requirements of the insurance policy?

The cost of an MTPL insurance policy is not fixed ; it is influenced by many factors. To calculate the cost of insurance, base rates are used, but increasing factors may be applied in each individual case. If the car owner has violated the terms of insurance in the past, this coefficient is applied in the subsequent calculation of the cost of the policy. Due to this, the cost of insurance increases by 50%.

Violation of an insurance condition is the right of the insurance company not to comply with the terms of the contract if at least one clause of the contract has been violated by the other party. For example, gross violations of insurance terms include intentional damage to a vehicle or the inclusion of inaccurate information about the car in the contract.

Fine for lack of MTPL insurance

It is best to take out a compulsory motor liability insurance policy and immediately independently check the correctness of the data entered in order to avoid typos and fatal errors. Remember that the policy is not a means to avoid punishment for failure to fulfill civil duties. This is, first of all, an opportunity to shift your responsibility to the insurer in the event that you suddenly become the culprit of a major accident. After all, your company will pay monetary compensation to victims under compulsory motor liability insurance (within the established insurance limit) instead of you.

The video recording system for traffic violations in Russia has been operating successfully for several years. Monetary penalties that are automatically “issued” by digital skimming devices significantly support regional budgets. Seeing such effectiveness, the government is actively developing new ways to ensure the safety of citizens on the roads.

There are rumors circulating among professional drivers and car enthusiasts that the absence of a vehicle license and technical inspection will also be tracked automatically, using the car number. If the camera records a car without a valid MTPL policy on the road, a fine will be generated automatically, similar to the penalty for speeding.

The authorities voiced their desire to introduce automatic control of the presence of a vehicle license back in 2015. They planned to test the pilot project on the roads of the capital, but over the next three years there was no significant progress. At the end of 2021, Deputy Prime Minister Maxim Akimov set the Ministry of Internal Affairs and the association of insurers the task of launching testing from February 1, 2021.

At the time of publication of this article, the circumstances are as follows:

• In order for the video recording system to be able to find its compulsory motor liability insurance (or lack thereof) in the insurers’ database using the car number, it is necessary to at least combine the databases of the traffic police and insurance companies into a single system.
• To date, correct unification has not been achieved.
• Russian motorists will not face an automatic fine for lack of insurance in 2021. It is unlikely that the system will be created and operational throughout the country before the end of 2021.

Technically, it is not difficult to enter a database of insurers into the software of a video recording system. The problem is that you are allowed to issue a policy before registering the car in your name - the car identification number (VIN) is enough for this.

Are the rumors justified that driving without a car license will now cost more than 500 rubles? and at 5000? Have the collection costs increased?

The rules of law regarding liability on the road for owners and drivers are set out in the Code of the Russian Federation, art. 37, ch. 12. The law in this part has not yet undergone changes - the fine for lack of compulsory motor insurance insurance for individuals has not increased.

Where do the rumors come from? Rumors about increasing the punishment for the absence of a motor vehicle license arose against the backdrop of a parliamentary proposal. In 2018, a deputy from United Russia proposed increasing the fine to 5,000 rubles. The draconian measures did not meet with support for several reasons. The State Duma was concerned about the social aspect against the background of the economic crisis. On the other hand, the project was rejected because they hoped for the imminent introduction of fines through video cameras.

Some drivers continue to think that they have 1 month to issue a new policy and are in no hurry to pay money to insurers. Indeed, until 2009, a grace month was provided for the renewal of documents. However, 10 years ago this preference was canceled. The fine for overdue insurance in 2021 is issued the next day after the contract with the insurer expires.

A grace period for driving without insurance for individuals is provided when the owner of the car changes. The law gives the new owner the opportunity to re-register documents within 10 days.

The policy issued to the previous owner becomes invalid from the moment the contract is issued.

Note! There is a loophole for motorists that will allow them to use their old insurance without restrictions until the end of the term. It is enough to “sell” the car by proxy and wait to re-register the car with the traffic police.

What is the previous owner risking while the new owner is trying to save money on his insurance:

• Penalties for traffic violations will be sent to the old address.
• Transport tax is charged to the owner until the vehicle is deregistered.

The best way to avoid unnecessary expenses is to register the car legally within 10 days.

Traffic police fines for driving without insurance in 2021 will be assessed to legal entities without any concessions. The only department that is exempt from motor vehicle regulations is the military.

OSAGO-2021 Changes that every driver needs to know

You can challenge a fine issued for not having a compulsory motor liability insurance policy in two cases:

• The situation described in the protocol does not correspond to reality. The driver did not sign anything on the spot and did not agree with the decision.
• The penalty was imposed during the grace period, which is given for re-registration of the car upon purchase.

You can file an appeal with the local traffic police or in court. This must be done within 10 days after receiving the receipt.

The number of controversial cases under compulsory motor liability insurance has increased since the introduction of electronic policies. Misunderstandings arose both on the part of drivers and on the part of ordinary traffic police officers. Currently, the driver is not required to carry a paper version of the policy with him. But you must present the electronic document number to the inspector upon request.

There are a number of conflicting data about the new financial sanction for the lack of a compulsory motor liability insurance policy. But all publications say one thing - the amount of punishment is increasing, and significantly. Today there is such information about the new fine:

• from November 20, 2021 it is 5,000 rubles plus impound,
• according to other sources, the change in the fine occurred already on November 1,
• according to the third, the absence of compulsory motor liability insurance will cost drivers the deprivation of their license for 1 year.

According to one expert opinion, such a harsh sanction came against the backdrop of liberalization of compulsory motor liability insurance, an increase in its cost and a change in the procedure for calculating insurance premiums.

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.

Not really. The introduction of a penalty of 5,000 rubles is indeed taking place, but for now it is still a proposal. Even the draft law on amendments to the Code of Administrative Offenses is not ready.

Therefore, the information that a new fine of 5 thousand rubles for lack of compulsory motor liability insurance was introduced on January 1, 2021 is not true. And it will not be introduced in January... And even, most likely, in February and March, because the new law will not have time to pass 3 readings in the State Duma and enter into legal force.

“Avtograzhdanka” appeared in our country 15 years ago, and made it possible to largely eliminate the problem of compensating the injured party for damage in an accident. Having an MTPL policy allows you to free the car owner who caused the collision from having to pay damages to the victim. The insurer will do this for him, but within certain limits. For example, for damage to property the payment limit is 400 thousand rubles, and for damage to health it is 100 thousand more.

If the damage is more serious, the culprit pays the difference at his own expense, even if he has a compulsory motor liability insurance policy. In this case, the insurer assumes responsibility only on the condition that the car included in the policy was involved in the accident, and it was driven by the driver specified in the insurance.

The old rake of gross negligence in insurance (the practice of new ships)

“So this is an idea that the Armed Forces of the Russian Federation (civilian board) began to actively pursue. This has been written about in the literature for a long time. Art. 963 of the Civil Code of the Russian Federation has nothing to do with it. It’s just that the insured event provided for by the contract and the insurance rules did not occur.”

Artyom!
Thank you for your comment, I cannot agree with you here. I will try to explain my position in more detail. I apologize in advance for the “lots of letters.” 1. Yes, the cassation court based its position on the principle of freedom of contract and referred to paragraph 2 of the Review of the Supreme Court of the Russian Federation “Review of certain issues of judicial practice related to voluntary insurance of property of citizens” (approved by the Presidium of the Supreme Court of the Russian Federation on December 27, 2017). It stipulates that “unless otherwise provided by law or other legal acts, the parties to a voluntary insurance contract have the right, at their discretion, to determine the list of cases recognized as insurance, as well as cases that cannot be recognized as insurance.” There are no complaints about this position, but “other” is precisely what is provided for in paragraph 1 of Art. 963 of the Civil Code of the Russian Federation, from which it clearly follows that the gross negligence of the insured does not provide grounds for refusing to pay insurance compensation. This paragraph has clear signs of a mandatory norm. That is, the issue of the impact of the insurer’s gross negligence on the payment of insurance compensation is resolved by law and cannot be resolved.

2. Based on the above, the use of the principle of freedom of contract is a means of circumventing Art. 963 of the Civil Code of the Russian Federation (and the method is apparently quite working and effective). 3. From the position of protecting the weaker party (and the policyholder is an individual who is definitely weaker than the insurer), the unconditional use of the principle of freedom of contract does not seem completely acceptable here. However, this is already a political and legal argument. 4. In relation to a specific act. Clause 4.7.2 of the Rules dated April 19, 2017 did not textually address the construction of the insured event. This was precisely the basis for exemption from payment of insurance compensation. That is, the need to apply paragraph 1 of Art. 963 Civil Code explicit.

Quote from the act:

“Referring to para. 9 (indicated by the plaintiff as paragraph 4.7.2 of the Rules dated April 19, 2017, according to which the insurer is released from the obligation to make insurance payments if the insured event occurred as a result of the insured’s violation of the safety, construction, operation and repair standards established by laws and other regulations or other similar norms for which the insured was held liable under the law, the courts checked the actions of the plaintiff, analyzed the evidence establishing the causes of the fire and came to the reasonable conclusion that fire safety rules were violated during the operation of stove heating, which, by virtue of the terms of the contract, exempts the insurer from liability for compensation for harm."

PS The fact that gross negligence took place is recorded in the act of the Court of Cassation itself (albeit with a different legal conclusion): “Thus, this event is not an insured event, since the fire occurred as a result of gross negligence shown in relation to the insured property by the insured (beneficiary) , expressed, in particular, in his violation of fire safety rules and regulations established by law or other regulatory legal acts.”

PSS I admit that clause 2 of the Review of the RF Armed Forces on voluntary property insurance is successfully used to overcome Art. 963 of the Civil Code of the Russian Federation (examples from the practice of arbitration courts - Resolution of the Arbitration Court of the Moscow District dated 07/09/2019 N F05-9616/2019 in case No. A40-245130/2018, Resolution of the Arbitration Court of the Volga District dated 01/23/2018 N F06-27687/2017 case No. A65-10399/2017, Resolution of the Arbitration Court of the Ural District dated March 30, 2018 No. F09-918/18 in case No. A07-15141/2016). However, I don't think this is correct.