What are mud flaps for?
Mud flaps on a car are special linings located under the rear and sometimes under the front wheel arches. Typically, such a part is made of dense rubber, although a lightweight, plastic version of the product is often used on passenger cars. The mudguard serves solely to protect vehicles behind from getting stones and other debris into the windshield.
It is important to know! At high speeds, gravel, crushed stone and other hard rocks, of which there are many on the road surface, can not only damage the car, but also lead to more serious consequences, such as injury or even death to a person. In order to prevent such troubles, the administrative code introduces fines for driving without mudguards in 2021 for all categories of drivers.
Do you need mud flaps in a car?
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. Meanwhile, the legislation stipulates a fine for mud flaps, which traffic police officers can issue to the car owner
The fine is relatively small, but it would still be unpleasant to receive it. In order to avoid a fine, read this article, which will allow you to find out the main provisions of the Code of Administrative Offenses related to the lack of a mudguard on the rear wing of your car.
But even if the owner still doesn’t care that dirt and stones fly from under his car onto those moving behind him, then there are reasons why he is able to reconsider his view on the need for this equipment.
Is it necessary to have mud flaps on a passenger car?
The case will end in court proceedings, where the driver will be able to prove his case.
Fine for lack of mud flaps Traffic police officers issue this fine on the basis of Part 1 of Article 12.5 of the Code of Administrative Offenses.
It refers to the list of provisions for the approval of vehicles, on the basis of which the traffic police officer makes a conclusion about the suitability of your car for travel. One of the mandatory elements that must be installed on the car is a mudguard.
Legislation regarding the presence of mud flaps on cars
According to the legislation of the Russian Federation (namely, Article 7.5 of the Traffic Regulations), the mudguard can be made of rubber or soft plastic, capable of holding back not only dirt, sand and water, but also stones flying at high speed from under the wheels. The absence of this protective element does not entail a fine only in two separate cases:
- Mud flaps are installed only on the rear pair of wheels (on the front axle, pads are optional);
- The mentioned part is not provided in the factory design of the vehicle.
And if everything is clear with the first situation, then the second circumstance causes a lot of controversy between drivers and traffic police inspectors.
The mudguard itself must have a cast form (if it consists of two or more parts, then no gaps are allowed between them), and fully comply with GOST 52422 of 2005. It includes the following items:
- The lower part of the protective part can be located at a distance of no more than 200 mm from the asphalt surface;
- The inside of the splash guard must be equipped with a special device for retaining water;
- The angle of inclination of the pad cannot exceed 10 degrees against the vehicle;
- The width of the protective part must correspond to the width of the wheel or extend beyond it (no more than 200 mm).
At the same time, State Traffic Inspectorate employees can fine the driver both for the complete absence of mud flaps and for their non-compliance with GOST. But the amount of the financial penalty in both cases will be the same, since the Code of Administrative Offenses does not provide for a separate article for failure to comply with uniform standards.
Grounds for imposing a fine
According to the Code of Administrative Offenses, an employee of the State Traffic Inspectorate can issue a fine to the driver for the absence of mud flaps on a car in 2021 on only two grounds:
- Visual non-compliance of the part with the established GOST (the pad is too narrow, short, or there are holes on it that appeared as a result of wear);
- Virtual absence of mudguard.
At the same time, the driver will not be able to appeal the traffic police decision, citing the fact that the part fell off when the car was last used. After all, the Code of Administrative Offenses strictly prohibits driving a car without mudguards. If they break down, the car owner must replace them on the spot: independently or by calling a specialist.
How it happens in practice
In practice, drivers are almost never fined . Only if traffic police officers come into conflict and are looking for something to complain about. Many drivers do not even know that such a fine exists, and are surprised at the nagging from the traffic police.
However, the actions of the police are completely justified, and, if desired, they can point you to an administrative offense. It’s just that often employees don’t bother with small fines and don’t want to spend time drawing up a protocol.
Video: A traffic cop tried to find fault with the lack of mudguards
Amount of fine for lack of mudguards
In accordance with Art. 12.5 of the Administrative Code, driving without mudguards in 2021 will be subject to a fine of 500 rubles (for both motorcycles and four-wheeled vehicles of class B, C, D). And even though a violation of this kind falls into the light category, the driver is not entitled to a warning for it.
In practice, State Traffic Inspectorate employees rarely issue orders under Art. 12.5 of the Code of Administrative Offences, limited to only an oral remark. But repeated ignoring of the mentioned article in a short period of time can increase the likelihood of liability for the lack of mudguards.
How to avoid a fine
If you were stopped by a traffic police officer for not wearing mud flaps, but he did not have time to draw up a report yet, then you have every chance to avoid this procedure by citing the following arguments:
- Protective pads are not provided on the vehicle by the manufacturer (mudguards were not installed on most domestic vehicles. Moreover, the inspector must prove that the mentioned part belongs to the design of the vehicle. Otherwise, he will not be able to fine the driver under Article 12.5 of the Administrative Code);
- The mudguard fell off during the last time the car was used and at the moment you are moving towards a repair shop in order to fix the problem (although according to the rules this circumstance is equivalent to a violation, in practice inspectors can take pity on the car owner and let him go, making only a verbal remark);
- If a traffic police officer insists on issuing a fine for the lack of mud flaps, under no circumstances agree with the punishment received, and demand from the police a blank form for drawing up an explanatory note (in the last document it is necessary to mention that there were no problems when leaving the parking lot. This will help you in further challenging the protocol in court).
Attention! Art. 12.5 of the Administrative Code is not considered serious, which is why you can evade responsibility for non-compliance even through a banal conversation with representatives of the traffic police. But if a conflict situation arises with patrol officers, the driver will be able to defend his rights in court.
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.
Is it possible to challenge the punishment?
Having received a decision on violation of paragraph 7.5 of the traffic rules, the driver can appeal the punishment imposed by the inspector in court. To do this, it is enough for him to refer to the following facts:
- The State Traffic Inspectorate employees do not have a certificate of non-compliance with the design of the car (this document is the only legal confirmation that mud flaps must be installed on a specific car without fail);
- Lack of evidence (if traffic police do not have time to record the offense itself and the culprit who was driving the vehicle at the time of its malfunction, the resolution will be automatically invalidated);
- Drawing up a protocol, ignoring the explanatory note (if the car owner puts forward a version that the protective overlay was present during the period of leaving the parking lot, then in court, most likely, he will be acquitted).
You can also challenge the issue of the mudguards not complying with the unified GOST, reclassifying the case as an “unreasonable stop”, for which the inspectors themselves will bear the punishment.
We found out what the fine is for not having mudguards in 2019, and how you can avoid liability without going beyond the law. In conclusion, it remains to add that in most cases, the issue of violation of paragraph 7.5 of these rules is resolved on the spot, through a banal conversation with traffic police officers. After all, it is quite difficult to prove the driver’s guilt in this case, and challenging the protocol will not be difficult.
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. Reference! Do not forget that there are many other small reasons due to which traffic police officers can easily charge you a fine. For example, if your windshield wiper or double-glazed window heating device, door locks, or even the seat adjustment mechanism is broken. For all these listed breakdowns, you will have to pay a fine of 500 rubles, that is, the same amount as in the absence of mudguards. Because of this, you need to be attentive to your vehicle.
