If you did not have time to renew your insurance, or decided to deliberately save money, then what is the penalty for expired MTPL insurance in this case?
A traffic police inspector, stopping a vehicle on the road, checks that the driver has a set of documents and their required list:
- driver license,
- technical passport for the car,
- OSAGO insurance policy.
If everything is clear with the first two documents, then questions often arise regarding the compulsory liability insurance policy.
Who needs insurance?
Federal Law No. 40 in Part 3 of Article 4 indicates that compulsory issuance of an MTPL insurance policy in 2021 is required for all vehicles, with the exception of the following categories:
- vehicles with a maximum speed of no more than 20 km/h;
- vehicles that, according to the laws of the Russian Federation, do not have the right to participate in road traffic;
- transport of the Armed Forces of the Russian Federation and other formations that provide for military service, with the exception of vehicles that support the economic activities of the military;
- transport of foreign countries insured in international insurance systems (for example, “Green Card”);
- trailers for cars;
- tracked, half-tracked, sleigh and other types of non-wheeled transport.
Other vehicles are subject to compulsory insurance, the absence of which will result in fines of 500 or 800 rubles, depending on the circumstances.
Fine amount in 2021
Driving with expired insurance in 2021 is subject to a fine of 800 rubles. Collections are subject to the 50% discount rule if paid within 20 days from the date of collection.
It is important to remember: from January 1, 2021, important changes were made to the law on compulsory motor liability insurance regarding obtaining insurance. Now the driver has the right to issue a so-called electronic policy. This is a completely legal legal document sent to the insured by e-mail. Such a policy can be stored on your phone or on a flash drive, in a convenient way to present it in situations requiring this. It is renewed on the insurance company’s website.
What if there is neither paper nor electronic MTPL? In this case, the offense is punishable by a fine similar to late payment - 800 rubles.
It is also possible that the policy is concluded not for a year, but for a short period of time. This is done by drivers who drive only in a certain season, for example, in summer and autumn. If a person nevertheless gets behind the wheel outside the period of use of the vehicle specified in the policy, if this fact is discovered, he will have to bear the penalty prescribed by the Code of Administrative Offenses in the form of a fine of 500 rubles. The penalty for not being included in the insurance is similar.
Table of fines for lack of auto insurance for 2021
What is the fine if the policy is forgotten at home?
If the driver was stopped by a traffic police inspector, and he forgot his insurance at home, at work or in another place, then either a verbal warning or a fine of 500 rubles will be used as a punishment (Part 2 of Article 12.3 of the Code of Administrative Offenses of the Russian Federation). A issued and forgotten insurance (or a photocopy of it) does not exclude the fact that the traffic police inspector needs to check that it exists at all.
Now almost every employee of the State Traffic Inspectorate has access to the electronic database of the RSA (Russian Union of Auto Insurers), which can be used to check whether the driver has an MTPL policy. At the same time, it is still advisable for the driver to know at least his policy number, the name of the organization that insured the car or the telephone number of the insurance agent. If the driver has a compulsory motor liability insurance policy, and the inspector issued a fine of not 500, but 800 rubles, then it can be disputed with the traffic police.
Article 11.31 Code of Administrative Offenses of the Russian Federation
As often happens in our country, despite the fact that Federal Law No. 67-FZ came into force in January 2013, it could not be implemented until March 1, 2013 due to licensing difficulties and the lack of necessary programs . Those. Before March 1, 2013, insurance companies did not even have the opportunity to issue insurance contracts.
The matter has moved forward, movement has begun, insurers have begun to issue compulsory insurance contracts for carriers' liability to passengers and, in order to speed up the implementation of Law No. 67-FZ among the masses, penalties for negligent carriers of passengers are beginning to apply.
Insurance was not issued or expired
Responsibility for driving a car in cases where there is no insurance provides for an administrative fine in the amount of 800 rubles (Part 2 of Article 12.37 of the Code of Administrative Offenses of the Russian Federation). Expired insurance is equivalent to its complete absence, therefore the fine in this case will be the same - 800 rubles. Until 2009, after the insurance expired, you were allowed to drive for another month without it. But now this norm no longer applies.
Temporary use of a vehicle in cases where there is no insurance is allowed for those drivers who have just purchased it. They are allowed to use the car for a maximum of 10 days after the conclusion of the purchase and sale agreement, which are given for the opportunity to issue a policy. During these days, the driver should carry the contract for the purchase of the car along with other documents for the car.
Penalty amount for using an expired policy
What fine for expired insurance the law provides for today is something every driver needs to know. Its amount is 800 rubles; a traffic police inspector can draw up a protocol after stopping the car. If the expiration of the period was discovered during a routine document check, then you will only need to pay a fine, but when the detention occurred due to traffic violations, the punishment will be much more severe. It all depends on the severity of the offense.
The driver can deposit money into the budget through the cash desk of any bank operating in Russia, Internet banking, an electronic payment system, the official Gosuslugi portal or the nearest terminal. Failure to pay the sanction on time is also punishable by a fine. Therefore, you should try to deposit funds as quickly as possible. In this case, the discount will be 50% and you can save money.
Repeated violation
Only driving with expired insurance is fined: if the car is not in use, but is parked in a garage, then this is not considered an offense.
But the sanctions also have a downside. If a driver is stopped by traffic police officers 2-3 times a day, he will have to pay not just one bill, but several at once.
Inspectors are allowed to issue an unlimited number of reports if the car insurance is expired. In this case, the fine provided for this violation in 2021 can be received several times at once.
What is the fine if the driver is not included in the insurance?
If a driver is found driving a car who is not included in the MTPL insurance policy for this vehicle, he will be charged with a fine of 500 rubles (Part 1 of Article 12.37 of the Code of Administrative Offenses of the Russian Federation). However, if this driver does not yet have a driver’s license on him (it was forgotten at home), then the owner of the car will be additionally fined 3,000 rubles for transferring control of the vehicle to a person who does not have the right to do so (Part 3 of Art. 12.3 Code of Administrative Offenses of the Russian Federation).
Punishment for driving a car without insurance in 2021
The concept of motor vehicle insurance appeared in Russia 15 years ago. Such insurance provides compensation for damages instead of the culprit of the accident to the persons affected by it. There are payment limits that are specified by the insurance company. If the damage is greater, the culprit pays the difference himself. The condition of payment is that the driver recorded in the document must be behind the wheel. The fine for not having a policy in 2021 remains at the same level - 800 rubles. But at the same time, traffic police inspectors can stop and fine the driver an unlimited number of times. When stopping a vehicle and at the request of a traffic inspector, the driver must present a valid policy on the insurer’s letterhead. Please note! If the document was made in an electronic copy, then the owner must have a printed copy in his hands. If the vehicle is not driven by the owner, then the inspector is obliged to check whether this person is included in the insurance for this particular car. The fine for driving without insurance is in situations where:
- there is no insurance, it was not issued;
- OSAGO is overdue, even if only for a day;
- the owner presented false insurance;
- the person driving is not indicated in the policy;
- document for another car;
- the owner claims that the document is there, but forgotten at home or lost.
All possible cases are specified by law and affect the amount of the fine. This amount is 500 rubles or 800. If there are conditions for receiving a 50% discount - 400 rubles if you pay the receipt 20 days in advance.
How many times can a fine be issued?
The Code of Administrative Offenses of the Russian Federation has an interesting rule according to which no driver can be punished twice for the same offense (Part 5 of Article 4.1 of the Code of Administrative Offenses). Does this mean that a driver cannot be fined twice a day for not having insurance? It turns out they can.
The law does not say that you cannot issue a fine 2 or more times per day. If the driver received a fine and continued driving without an insurance policy, then after 10 kilometers he will again be issued an administrative violation order if he is stopped.
We will be talking here about another place and another time of violation of the law, therefore the specified article of the Code of Administrative Offenses will not apply. Traffic police inspectors can fine a driver for lack of insurance an infinite number of times within one day.
What is the penalty for using fake insurance?
The use of a deliberately counterfeit MTPL policy entails much more severe consequences for the driver than ordinary driving without an insurance policy. In accordance with Part 3 of Article 327 of the Criminal Code of the Russian Federation (use of a knowingly forged document), one of the following penalties will be applied to such a driver:
- fine up to 80,000 rubles;
- a fine in the amount of the driver’s salary or other income for up to 6 months;
- compulsory work up to 480 hours;
- correctional labor for up to 2 years;
- arrest up to 6 months.
If there are suspicions about the authenticity of the MTPL insurance policy, a traffic police officer usually immediately checks it using the RSA electronic database. If insurance is not found, the misdemeanor case will go to trial. To avoid the penalties listed above, the driver will need to prove that he used false insurance out of ignorance and not with criminal intent.
Is it possible to refuse loan insurance?
From June 1, 2021, there was good news for bank clients. The Bank of Russia has clarified the procedure for returning insurance.
The Consumer Protection Law has protected citizens in the past. You cannot make the purchase of some services a condition for the purchase of other services. In other words, you cannot stipulate that the loan will be issued only when the borrower pays for the insurance.
The Central Bank (CB) has made life easier for debtors. Like it or not, you will have to return the insurance from June 1, 2021 if the client terminates the contract. This conclusion follows from the instructions of the Bank of Russia, adopted on November 20, 2015, number 3854-U. If you can’t get your money back, file a pre-trial claim with the insurance company.
How to proceed to make an insurance return?
- Have you decided to cancel the contract? Keep track of deadlines. If you manage to complete the application within five days and write a refusal, you will receive a nice bonus. It is unlikely that an insured event will occur during this time. If there are no reasons for the insured event, then the insurance must be returned.
- Will you think longer about whether or not to cancel the contract? Another amount awaits you. All insurance money will not be returned. The amount depends on how long the contract was in effect.
Unfortunately, the changes will not affect old contracts. However, this does not mean that illegal terms of the contract cannot be challenged.
Advice. Read the agreement with the bank carefully. Please note that the contract includes a provision for the return of insurance if you cancel the contract. The main thing is that the insurance contract is drawn up correctly.
Other consequences of not having insurance
Along with a fine for driving without an insurance policy, the vehicle owner can expect other consequences in 2021, including an increase in the BMR coefficient (and an increase in the cost of the policy) and termination of further relations with the insurance company. By these measures, insurers are trying to force all drivers to take out MTPL, as well as renew insurance on time (which is directly related to their income).
If the driver was involved in an accident during a period when he did not have an insurance policy (or its validity period had expired), then after the insurer compensates the damage to the injured party, a lawsuit will be filed against the driver. If the claim is satisfied, the car owner will be required to reimburse the insurance company for the financial costs incurred.
How to avoid fines for late policy?
A week before the expiration of the policy, an employee of the strass company informs about this by telephone. Extension of insurance is the only measure that will allow you to avoid a fine for an expired MTPL policy.
You can do this in the office, invite an insurance agent to your home, or carry out the procedure online. If you choose the option of visiting the office to get there, you cannot use your vehicle if the policy is no longer valid.
When registering online, payment for the service is made via a bank card, and then a policy will be sent to you by email. You should print it out and take it with you on your trip. There is no need for special signatures or seals. If you renew your insurance with the same insurance company where you originally took out your insurance, you can count on the following discounts:
- 5% for a year of driving without an accident;
- 25% for 5 years;
- 50% over 10 years.
This means driving without an accident where you were not at fault.
