The amount of the fine for the absence of OSAGO c. Penalty for not having an OSAGO policy. Video: Protocol for the absence of a CTP policy

In case of occurrence insured event for some motorists, expensive car repairs and medical treatment of people are paid from the general basket, including thanks to the money of drivers who did not get into an accident this year. But the latter do not consider their rights to be infringed, since in their case a small amount of money paid for an insurance policy is a guarantee that there will be no problems in possible accidents in the future. Thus, the amount that Russians pay for a policy is most simply perceived as payment for the right not to be afraid of an accident. That is why the word fear is at the root of the term insurance.

Problems with OSAGO begin in two cases:

  1. When the driver for some reason there is no OSAGO policy
  2. When motorists with the help of corruption and gray schemes try to cash in on OSAGO.

In Russia, due to its peculiarities, the first follows from the second. Recently, the country's insurance business has been paralyzed by the so-called "auto-lawyers" who, using certain methods, are squeezing huge amounts of auto insurance from insurance companies through the courts.

In response to the huge losses due to the actions of fraudsters, insurance companies are forced to turn autocitizenship into a scarce product, ask the state to increase the base rates for insurance policies, which in turn raises the cost of insurance for ordinary motorists and reduces the popularity of the policy among citizens with cars. To all this list of troubles, fake car insurance forms have recently been added.

The amount of the fine for driving without insurance in 2020 - 800 rubles (Article 12.37 Part 2 of the Code of Administrative Offenses). At the moment, it is fully covered by the so-called 50 percent discount. That is, with urgent payment within 20 days, the fine for driving without OSAGO will be 400 rubles.

By the way, there are some nuances here. So, if there is still a valid insurance policy in the glove compartment of the car, but the driver is not included in it, the fine for driving without OSAGO, in accordance with Part 1 of Art. 12.37 of the Code of Administrative Offenses, will no longer be 800, but 500 rubles. And when paying at a discount - 250 rubles. Agree, this is a fairly common situation when a friend or wife is driving. In this case, the state makes a certain indulgence in view of the fight against drunkenness at the wheel. It is more beneficial for society to have a drunken owner of a car driven home by a friend without insurance than the consequences of alcoholic driving.

Thus, driving without insurance under the new rules of 2020 is punishable by a fine of 500 to 800 rubles, excluding a fifty percent discount, and a fine of 400 to 250 rubles, including a 50% discount.

It may seem that the traffic police fine for driving without OSAGO of 800/400 rubles is ridiculous. Unfortunately, this position has recently been shared by more and more drivers. However, the consequences of evading the payment of a motor vehicle citizen can be much worse than a few hundred rubles.

The fact is that in the event of an accident, a motorist who does not have a valid OSAGO policy in his hands will be forced to pay from his personal pocket both the damage caused to cars and the treatment of the victims. Otherwise, his property will be arrested in court and sold at auction. By today's standards, compensation for the consequences of an accident is tens and hundreds of thousands of rubles. In some cases millions.

At the same time, more and more Russian drivers, having familiarized themselves with the cost of an OSAGO policy (about 20,000 rubles for inexperienced drivers in major cities), decide to drive without a motor vehicle citizen. Lawmakers seem to specifically leave such an opportunity for drivers - rare checks by the traffic police, a small denomination of a fine and a 50% discount, serious incentives for driving without OSAGO. And in 2014, amendments were adopted prohibiting police officers from removing state numbers from an offender's car, which turned a fine for driving without OSAGO insurance into a kind of monthly fee. There is a myth among the people that such a traffic police fine for OSAGO can be issued only once a day, but in fact traffic police officers can issue it during any car check, at least 100 times a day.

Another subspecies of the fine for OSAGO is the traffic police fine for forgetful drivers. If a road user for some reason left the cherished A4 paper at home, the traffic police officer is obliged to issue a fine of 500 rubles in relation to him. If a motorist finds himself in such a situation, he is required to insist on “breaking through” the car according to the AIS RSA database. Access to it "traffic police officers" has been open for this purpose since 2015.

There are prerequisites for an increase in the traffic police fine for driving without insurance, or with an invalid OSAGO policy. Deputies' groups of various levels repeatedly made proposals in this regard. So much noise was made by the initiative of the chairman of the insurance committee at the Chamber of Commerce and Industry of the Yaroslavl region, Marina Pozdnyakova. A regional official went to the federal level with the idea of ​​increasing fine for driving without OSAGO in 2020 ten times, up to 8000 rubles. You can find out the situation with other traffic police measures in the fight against violators from.

Traffic police fine for OSAGO from traffic cameras

According to some reports, starting from 2016 and up to 2020, a large-scale experiment was carried out in Samara and Kazan, transferring fines for driving without motor vehicle insurance under the jurisdiction of traffic cameras.

Automatic complexes for fixing road violations were combined with the bases of insurers. This allowed smart electronics to match car numbers with information about purchased policies in real time. Any discrepancy in the data automatically led to the sending of a fine.

Traffic police fine for a fake OSAGO policy

Another typical case related to fines for OSAGO, is the situation of a traffic police fine for presenting a fake OSAGO policy. The responsibility of the driver here is decomposed into two parts. Firstly, the traffic police officer who revealed the fake is obliged to issue a fine to the motorist for the lack of a valid OSAGO policy. Secondly, from the moment a fake is identified, the process begins to hold the driver accountable for making false copies of strict accountability documents.

And this, for a second, part 3 of Art. 327 of the Criminal Code of the Russian Federation. According to this article, it is quite possible to go to a real prison for several years. However, this measure is not yet working, it is extremely difficult to prove intent in acquiring an underground OSAGO policy.

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Checking and paying traffic police fines 50% discount

To check fines from cameras for photo and video recording of violations.

The fine for driving without OSAGO insurance is 800 rubles.
From January 1, 2017, there are no changes in fines for the lack of OSAGO.

Every car enthusiast is interested in what kind of fine you can get for not having OSAGO insurance in 2017, because often some drivers forget to renew the policy or accidentally leave it at home. Of course, someone takes reckless risks, not specifically insuring their auto civil liability. Therefore, we will describe each situation in detail and the possible consequences.

If the driver's data is not included in the OSAGO policy

If the vehicle is driven by a person whose data is not marked in the policy, this is a violation of the rules of the OSAGO agreement and is regarded as an administrative offense. According to part 1 of Article 12.37 of the Code of Administrative Offenses of the Russian Federation, for such an action, the driver faces a fine of 500 rubles.

In addition, a traffic police inspector who has detained a car driven by a person who is not included in OSAGO has the right to remove the violator from driving. In this case, the car will be redirected to the penalty area, and only the owner will be able to pick it up, who will also have to pay a fine and reimburse the costs associated with transporting and storing the car in the penalty area.

This punishment can be avoided, but only if the owner of the car or another person included in the OSAGO policy manages to arrive at the place of detention of the car earlier than the tow truck. In this case, the violator will still have to pay a fine, but the car will not be evacuated.

Expired

In fact, there is no such wording in the administrative code. So if the insurance contract is overdue, and the driver continues to operate the car, then this means the following - the lack of insurance. Penalties are maximum. All of them are listed in Art. 12.37 h. 2. As a result, the violator will have to pay 800 rubles.

Recall that until 2016, the driver could be completely removed from driving the vehicle and send the car to a car impound. Today, the maximum penalty is a fine.

Forgot

So, when checking documents by traffic police officers, the driver does not have a policy in his hands. In this case, the sanctions are in accordance with Art. 12.3 h. 2. For this administrative violation, a warning or a fine of 500 rubles is prescribed. In this case, the driver will have to show his diplomatic qualities by asking you to wait until one of your relatives or friends brings the policy. Another option is to convince the inspector to check the availability of insurance based on the AIS RSA database.

True, all this, most likely, will not save you from a fine of 500 rubles, but will only allow you to continue moving. In any case, unpleasant communication with the traffic police cannot be avoided. Therefore, be careful and always carry an OSAGO policy with you. After all, it is not necessary to take it with you, but you can store it in the glove compartment or in a special pocket in the back of the front seat.

The amount of the fine in the absence of OSAGO insurance in 2017

If the owner vehicle he neglected to take out compulsory motor third party liability insurance, that is, he does not have an OSAGO policy at all, he faces a fine of 800 rubles. In the event that the owner and driver of the car are different persons, then, according to part 2 of article 12.37 of the Code of Administrative Offenses of the Russian Federation, a fine will be imposed on both of them. The owner of the car will have to pay a fine for unissued OSAGO insurance, and the driver - for driving without a policy.

Under certain circumstances, the driver who was driving the car at the time of his detention by the inspector may avoid penalties. However, to justify it, he will have to prove that, while driving the vehicle, he did not know about the absence of an OSAGO insurance policy.

Situations when there may be no OSAGO policy

There are various reasons why the driver is not able to hand over the insurance policy to the inspector. Depending on the specific situation, the penalty for driving without insurance will be different amounts or you may only receive a warning.

  1. The absence of an insurance contract in principle, an illegally acquired policy that is not in the database;
  2. An expired policy, a policy in which another person is entered, a policy in which another vehicle is entered;
  3. Lack of an insurance contract with you - other reasons have been forgotten, lost, which do not allow it to be handed over to the inspector on the spot.

Each case provides for a separate fine - this is important to know, since the inspector can impute any of these cases.

Can a car be evacuated for lack of OSAGO?

No, they do not have the right, this security measure is regulated by Part 1 of Article 27.13 of the Code of Administrative Offenses of the Russian Federation and the above articles are not mentioned in it.

Can the rooms be rented for the absence of OSAGO?

No, they do not have the right, this security measure was regulated by part 2 of Article 27.13 of the Code of Administrative Offenses of the Russian Federation and was excluded on November 15, 2014.

If I am not guilty of an accident and I do not have OSAGO insurance, am I entitled to payments from the insurance company?

Yes, you will. As we noted at the beginning of the article, it is not property that is insured, but liability. If there is no fault in an accident, the culprit is liable to you and the insured event occurs only with the guilty person. You will only receive a fine under one of the above articles. There is no civil liability to the guilty participant in the accident.

Drunk driving fines

  • The amount of the fine for transferring control of the car to a person who is intoxicated is 30 thousand rubles or deprivation of rights for a period of 18 to 24 months
  • The amount of the fine for driving while intoxicated is 30 thousand rubles, deprivation of rights for a period of 18 to 24 months
  • The amount of the fine for repeated driving while intoxicated is 50 thousand rubles, deprivation of rights for 36 months
  • The amount of the fine for drunk driving on a bicycle or moped is from 1000 to 1500 rubles
  • The amount of the fine for refusing to undergo a medical examination for intoxication is 30 thousand rubles, deprivation of rights for a period of 18 to 24 months

Fines for illegal parking

  • Fine for parking or stopping at pedestrian crossing- 1000 rubles, the detention of the car
  • The amount of the fine for stopping or parking in places reserved for the disabled - 5000 rubles
  • The amount of the fine for parking or stopping on the tram tracks or further than the first row of the road is 1,500 rubles, the detention of the car
  • The amount of the fine for parking or stopping in places of public transport or closer than 15 meters from their stops is 1000 rubles, the detention of the car
  • The amount of the fine for parking or stopping cars in tunnels and other places, while interfering with other vehicles - 2000 rubles, the detention of the car
  • The amount of the fine for other violations of the rules for stopping or parking a car is a fine of 300 rubles or a warning, but for the capital and St. Petersburg - 2500 rubles

Do they charge for driving without insurance?

No. This rather tough measure, so unloved by drivers, was canceled back in 2014. Since then, driving without insurance is punishable only by a fine - the traffic police inspector has no right to take off numbers and send the car to the impound lot.

If the OSAGO policy is expired

Driving a car with an expired OSAGO policy is equated by legislation with its absence. Accordingly, the same penalties in the amount of 800 rubles are imposed on the driver.

The standard MTPL term is 1 year, but many auto insurance companies offer their customers alternative contract options. The validity of such contracts is also 1 year, but the driver can get insurance with a validity period of several months. This type of insurance costs less than a standard policy, and it is ideal for those car owners who use vehicles seasonally, for example, for trips to the country or travel. Just keep in mind that with such a policy in hand, you will be able to drive a car only during the period of validity of the insurance. Otherwise, you will have to pay a fine of 500 rubles

Driving without a driver's license

  • The amount of the fine for driving by a driver who does not have a license - from 5 to 15 thousand rubles with suspension from driving, detention of the car
  • Penalty for driving without a license or technical passport - a fine of 500 rubles, a warning, or removal from driving, detention of the car
  • The fine for driving a driver who was deprived of a driver's license is 30 thousand rubles or an arrest for 15 days, or forced labor for 100-200 hours, the detention of a car.

Requirements of the Rules of the road for the presentation of the OSAGO policy

2.1. The driver of a power-driven vehicle must:

2.1.1. Have with you and, at the request of the police officers, hand over to them for verification:

  • an insurance policy of compulsory civil liability insurance of the owner of the vehicle in cases where the obligation to insure one's own civil liability is established by federal law.

The insurance policy is obligatory for transfer to the inspector.

But what to expect when there is no OSAGO policy? Read the article to the end so as not to become a victim of a “divorce” by unscrupulous inspectors.

To begin with, let's define what the abbreviation OSAGO is - Compulsory Insurance Auto Civil Liability. Please note that the driver does not insure property, but his own liability. Those cases when he will be liable to another person. At the time of the insured event, the driver must have a valid OSAGO agreement with the insurance company, drawn up in his name and correspond to the vehicle that the driver is driving at the moment. Or a policy without restrictions.

Table of fines for driving without OSAGO insurance in 2017

A lot of questions arise around ISAGO insurance policies and most of them relate to how driving without insurance is punished. The answer cannot be unambiguous due to the presence of several variants of violations, which will be discussed below.

So, answering the question, what is the fine for driving without insurance in a certain situation, you need to consider 5 main options for the problem. You must immediately give up hope for concessions from the traffic police, because the points related to insurance documentation are clearly spelled out in the updated traffic rules.

WATCH VIDEO

SDA requirements - when it is necessary to present a policy

New rules in 2017-2018 regulate the following points regarding the application of auto insurance policies:

  1. Persons driving motor vehicles, regardless of the situation, must have a complete package of documents, including a valid OSAGO insurance policy.
  2. If a traffic police representative voices a requirement regarding the presentation of a motor insurance document, the driver must strictly follow it. There is one caveat here that the person driving the car submits the policy for verification, subject to the legislative establishment of the obligation to insure civil liability in a particular federal district.

The policy is transferred directly into the hands of the inspector, so there is no possibility to leave unnoticed the fact of the expiration of its term and other important points design.

Fine for lack of insurance 2017 OSAGO - forgetfulness is punishable

The fine for driving without insurance in 2017, when an insurance document exists, but was left at home for certain reasons, does not exceed 500 rubles. This amount is the minimum possible in case of violations regarding the insurance policy.

There is also an alternative to a monetary penalty for driving without valid insurance. According to article 12.3, the absence of an insurance policy by a person driving a vehicle is punishable by a warning or an officially paid administrative fine.

The amount of the fine in the absence of a policy or driving with an expired document

The penalty for the lack of insurance in 2017 is imposed if the compulsory civil liability insurance was not issued initially. In comparison with the above case, the amount increases to 800 rubles. However, there are a number of caveats:

  1. If the owner of the car and the driver are not the same person, the penalty for lack of insurance is imposed on both parties. The driver is charged with driving a car without an OSAGO policy, and the owner of the vehicle is charged with ignoring the requirement to issue a so-called “car citizen”.
  2. The application of penalties in relation to the driver has its own nuances. For driving without insurance, a fine is imposed when the person driving the car is initially aware of the lack of a policy. The fine man manages to justify himself before the traffic police inspector by providing evidence that he was deceived by the car owner regarding the actual availability of an insurance document. True, such a scenario is hardly possible in practice.

A similar amount of 800 rubles is charged as a penalty for overdue insurance in 2017.

Legislatively, such a situation is qualified as the absence of a document as such, since an expired OSAGO policy has no legal force.

Does the absence of a policy threaten to withdraw numbers

The category of questions about what will happen if you drive without insurance also includes the moment regarding the possibility of removing state numbers as a penalty. The answer is unequivocal - no. According to the law, a fine for driving without OSAGO does not include such measures as stopping the operation of the vehicle by placing it in a car impound or removing license plates.

Repeated violation - what the law prescribes

The question regarding what punishment for driving without insurance is provided for when a violation is re-identified is quite natural. As stated in the Code of Administrative Offenses, for repeated driving without insurance, the fine is an amount similar to the first recovery. In other words, the payment of an amount for a violation does not imply an automatic removal of the punishment in a similar situation.

Actions of the traffic police when driving a car by a person not included in the insurance

A fine for lack of OSAGO insurance in 2017 is inevitable in the current situation. If a person who is not documented in the existing insurance policy gets behind the wheel, the traffic police inspector ascertains an administrative offense requiring appropriate punishment. As in the case of a policy left at home, the fine for the absence of OSAGO does not exceed 500 rubles.

Penalty amount if you have a policy with a limited period of validity

Such an offense is brought to a separate position. In many regions of our country, an insurance scheme is applied for certain period namely the warm season. The insurance itself is issued for a year, but it is valid for the months indicated in the document. Due to the limitation, the cost of such policies is noticeably lower than standard contracts.

The question of what fine for driving without insurance is imposed on the driver of the vehicle becomes relevant when the summer season begins or ends earlier than scheduled and it is necessary to drive a personal vehicle unscheduled. Of course, most drivers rely on luck, but not everyone accompanies it.

In such a situation, after presenting the policy to the authorized person, the question of committing an administrative offense invariably arises. The fine for the lack of OSAGO in 2017 is minimal and amounts to five hundred rubles.

How legal entities are fined

The question of what penalty, if there is no insurance, is charged after checking the policy, worries both individuals and legal entities. Individual entrepreneurs and registered legal entities have the opportunity to issue OSAGO for the entire fleet or separate insurance for vehicles on the balance sheet. Also, if there is a document confirming compulsory insurance, it is allowed to supplement the package of documents with a policy with an extended list of risks. Thus, the traffic police representative has every right to demand the presentation of the relevant document.

How much the fine for driving without insurance will be in a particular case and who will pay it depends on the position of the management staff. The amounts are prescribed similarly to the situations described above, but there are a number of reservations:

  • if the driver of a corporate car does not present an insurance policy, the amount is collected directly from him. There are no provisions regarding the liability of legal persons;
  • after the inspector issues a signed decision, the person driving the corporate vehicle has the right to appeal. The consequence of such actions may be the recovery of the full amount from the employer.

WATCH VIDEO

In other words, you don’t have to pay a fine out of your own pocket for insurance if there is negligence on the part of the manager.

Once a traffic police officer stopped me, introduced himself and asked for an OSAGO policy for verification, I say yes, no problem and open the glove box to get the documents, I look and I broke a sweat, there are no documents - I forgot them at home and rights, and the OSAGO policy, and registration certificate.

And it's good that the traffic police officer went to the meeting and gave the relatives the opportunity to bring documents. Otherwise, I would not have been able to avoid a fine for driving without insurance, yes, what to dissemble, my car would have been evacuated and I would have had to run around later. There were no documents at all.

But even if you have documents for a car and the right to drive a vehicle, but there is no insurance, you still cannot avoid a fine. Its amount depends on the type of offense.

All fines in the form of a table

For what ARTICLE
Code of Administrative Offenses of the Russian Federation
PUNISHMENT
Driving without insurance
(forgot insurance at home)
Part 2 Art. 12.3
Code of Administrative Offenses of the Russian Federation
Fine
500 rubles
Driving without insurance
(did not draw up)
Part 2 Art. 12.37
Code of Administrative Offenses of the Russian Federation
Fine
800 rubles
Driving with expired insurance Part 2 Art. 12.37
Code of Administrative Offenses of the Russian Federation
Fine
800 rubles
Driving outside the period of use of the vehicle part 1 of Art. 12.37
Code of Administrative Offenses of the Russian Federation
Fine
500 rubles
The driver is not insured part 1 of Art. 12.37
Code of Administrative Offenses of the Russian Federation
Fine
500 rubles

See how the driver caught the traffic police on illiteracy when trying to draw up a protocol for driving without an insurance policy.

In the table, I gave a brief wording of violations and responsibility for them, the table can be downloaded and put into your car documents, I think it will not hurt you:

From November 15, 2014, if there is no insurance for the car, traffic police inspector is FORBIDDEN remove license plates and prohibit the operation of the vehicle.

Now let's look at each item in more detail with excerpts from the Code of Administrative Offenses of the Russian Federation.

Fine for driving without insurance in 2020


If you have an OSAGO policy, but for some reason you forgot it at home, you will, of course, be fined, but to be honest, this is the lesser of evils, a fine for driving without OSAGO will be - 500 rubles.

“Driving a vehicle by a driver who does not have an insurance policy of compulsory insurance of civil liability of vehicle owners, except for the case provided for by paragraph 2 of Article 12.37 of this Code,

- entails a warning or the imposition of an administrative fine in the amount of 500 rubles».

Until 2020, you were similarly punished if you did not print electronic policy OSAGO.

Now this is a thing of the past and it is enough to show the E-OSAGO inspector on a smartphone or give his number, and they independently check the policy on the basis of OSAGO.

Penalty for not having insurance

It's more difficult, if you did not take out an OSAGO insurance policy at all, the fine will be 800 rubles.

“Failure by the owner of a vehicle of the obligation established by federal law to insure his civil liability, as well as driving a vehicle, if such compulsory insurance is known to be absent,

- entails the imposition of an administrative fine in the amount of 800 rubles».

Until November 15, 2014, driving a car without insurance threatened to evacuate the car and remove license plates. I am glad that this terror was canceled.

Late insurance fee

Please note that in the administrative code of the Russian Federation there is no concept of overdue insurance.

If your OSAGO policy has expired, then this IS EQUALIZED TO THE LACK OF INSURANCE.

Driving with expired OSAGO insurance - a fine of 800 rubles.

It is unnecessary to throw away an expired OSAGO policy, it may be required in the future to restore the KBM.

Penalty for driving outside the period of use

To be honest, I did not immediately understand what the point is. And it turns out everything is as simple as always.

Let's take an example, you have issued an OSAGO policy for 1 year, with the period of using the vehicle from April to October, in the so-called summer season.

But it turned out that you had to drive in December. This will be driving outside the period of use.

In fact, it turns out that you have a policy (for a period of 1 year), but the period of use is from April to October.

Driving a car outside the period of use threatens you a fine of 500 rubles.

“Driving a vehicle during the period of its use, not covered by the insurance policy of compulsory civil liability insurance of vehicle owners

».

Not covered by insurance

“What is the fine if it is not included in the insurance” - many drivers are surprised, because in fact there is insurance, well, it’s not included, yes, but the car is insured.

Alas, in Russia at the moment it is not the car that is insured, but the responsibility of the driver to other road users.

And if your car is driven by a driver who is not listed in the insurance, but he has a license, for example, your wife was driving you from friends or a friend was driving, then fine if not covered by insurance 500 rubles.

“Driving a vehicle in violation of the conditions provided for by this insurance policy for driving this vehicle only by the drivers specified in this insurance policy

- entails the imposition of an administrative fine in the amount of 500 rubles».

New fine for insurance 5000 rubles

Indeed, on June 19, 2019, a draft law was submitted to the State Duma by the Parliament of the Kabardino-Balkarian Republic, according to which, if a person is repeatedly stopped and he does not have an OSAO policy, then The penalty for driving without insurance is proposed to be increased to 5,000 rubles.

They justified their proposal as follows:

Read the full text of the explanatory note to the bill

EXPLANATORY NOTE

to the draft federal law

"On amendments to the Code Russian Federation

on administrative offenses"

The draft federal law "On Amendments to the Code of Administrative Offenses of the Russian Federation" was developed in order to encourage drivers (owners) of vehicles to fulfill their obligations for compulsory insurance of civil liability provided for by Federal Law No. 40-FZ of April 25, 2002 "On compulsory insurance of civil responsibility of vehicle owners” (hereinafter referred to as OSAGO Law).

This bill was developed in order to protect the rights of citizens who, being participants in road accidents, being innocent of the accident and in the absence of a compulsory insurance policy for the culprit (hereinafter referred to as the OSAGO policy), find themselves in a position in which it is difficult and almost impossible to realize their the right to compensation for damage caused as a result of a traffic accident (hereinafter - RTA).

At the moment, the obligation to insure civil liability of vehicle owners is established by the OSAGO Law and is aimed primarily at protecting the rights of victims and compensating for harm caused to their life, health or property when using vehicles by other persons, i.e. in the event of a vehicle collision (RTA).

It is the presence of the OSAGO policy of the perpetrator of the incident that protects the victims in an accident and guarantees them the right to receive compensation for damage caused to the health or property of the victim, as well as the health of passengers, within the established liability limits of the insurer under OSAGO.

At the same time, the absence of an insurance policy from the perpetrator of the accident often violates the rights of the victim (victims), since in this case the perpetrator of the traffic accident must independently fully compensate for the damage in accordance with the provisions of the Civil Code of the Russian Federation, which the latter is not always able and intends to do.

In order to ensure the rights of victims to compensation for damage, the legislator introduced administrative responsibility for driving a vehicle without an OSAGO policy (part 2 of article 12.37 of the Code of Administrative Offenses of the Russian Federation (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation), with the help of which it was planned to reduce cases of driving vehicles without these policies The specified article of the Code of Administrative Offenses of the Russian Federation provides for the imposition of an administrative fine in the amount of eight hundred rubles.

Meanwhile, according to official statistics, in 2017 the number of fines for driving without an OSAGO policy increased by 40 percent compared to 2016, which indicates a decrease in the number of people who insure their liability. According to Russian Union auto insurers, as of 2017, approximately 3 million motorists drive on roads without an OSAGO policy. This figure continues to grow.

The increase in the number of motorists driving vehicles without an OSAGO policy is due, firstly, to the relatively low amount of the fine, which is provided for by Part 2 of Article 12.37 of the Code of Administrative Offenses of the Russian Federation (800 rubles, which can be reduced to 400 rubles if the fine is paid during the first 20 days), compared with the cost of the OSAGO policy, and secondly, with a relatively mild form of punishment - an administrative fine.

As a result, driving a vehicle without an OSAGO policy leads to the following:

- an increase in the number of accidents in which the culprit does not have an OSAGO policy, which leads to a violation of the rights of the victim to receive compensation;

— an increase in the number of lawsuits on claims for damages between the victim and the perpetrator of the accident. As a result, an increase in the work of the courts, as well as the bailiff service;

- an increase in the number of fines in the amount of 800 rubles for the same driver (400 rubles if the fine is paid within the first 20 days), who, despite being brought to administrative responsibility, are in no hurry to issue an OSAGO policy due to the “softness” of the administrative penalty;

- an increase in the number of accidents, the registration of which is impossible without the participation of authorized employees of the state traffic safety inspectorate, since it is mandatory for all parties to the accident to have an insurance policy for registration of the fact of an accident without their involvement. As a result, the volume of work of employees of the state traffic safety inspectorate, who could control traffic at a specified time, increases.

We consider it possible to solve this problem by adopting the proposed bill.

The addition of Article 12.37 of the Code of Administrative Offenses of the Russian Federation with a part providing for a more severe type of punishment for a repeated administrative offense will help increase the number of persons who insure their civil liability, and, accordingly, the number of cases in which victims will be limited in their rights to compensation for damage from an accident will decrease.

At the same time, the repeated commission of an administrative offense is the commission of an administrative offense during the period when a person is considered subjected to administrative punishment in accordance with Article 4.6 of the Code of Administrative Offenses of the Russian Federation.

At the same time, the draft law introduces an addition to Part 1 of Article 23.3 of the Code of Administrative Offenses of the Russian Federation, which provides for empowering judges to consider cases of administrative offenses under the draft part, and clarifications to Part 2 of Article 12.3 of the Code of Administrative Offenses of the Russian Federation and parts 1 and 2 of Article 23.3 of the Code of Administrative Offenses of the Russian Federation.

The draft law has been finalized taking into account the comments indicated in the conclusion of the commission of the Council of Legislators of the Russian Federation under the Federal Assembly of the Russian Federation for Coordinating Legislative Activities and Monitoring Legislation.

Are they there that they ate henbane?

How? How an increase in the size of the fine can improve the situation if you issue an OSAGO is like winning the lottery!

But, then it seems that they got it and on 10/22/2019, this bill was withdrawn from the State Duma of the Russian Federation.

Thus ended the epic with a fine for insurance of 5,000 rubles, otherwise our comrades had to go badly, very badly.

Penalty for driving without travel insurance

Both for organizations and individuals, the amount of the fine is the same. That's why:

  • a fine for the lack of OSAGO for legal entities - 800 rubles;
  • a fine for driving without insurance for the organization - 500 rubles.

Recall that driving without insurance is when you have a policy, but you forgot it at home (at work), and the absence of OSAGO is when the policy was not issued AT ALL!

The nuance of insurance for legal entities lies in the fact that OSAGO is issued for corporate vehicles without restrictions, so that in the event of a driver's dismissal, each time the policy is not reissued.

But if an organization wishes to receive a discount for accident-free operation, i.e. to Insurance Company took into account the KBM, then it is necessary to enter each driver into it when issuing an OSAGO policy.

In this case, upon dismissal of the driver, you will need to go to the office of the insurance company and enter the new driver into the policy. Or you can enter the driver in the electronic OSAGO policy on the insurer's website.

How many times can you be fined for driving without insurance during the day


We are often asked how many times the traffic police inspector has the right to fine you within 24 hours for lack of insurance.

Clause 5, Article 4.1 of the Code of Administrative Offenses of the Russian Federation “No one can bear administrative responsibility twice for the same administrative offense”

Full text of the article

Article 4.1. General rules for imposing an administrative penalty

1. An administrative penalty for committing an administrative offense shall be imposed within the limits established by law providing for liability for this administrative offense in accordance with this Code.

2. When imposing an administrative penalty on an individual, the nature of the administrative offense committed by him, the identity of the perpetrator, his property status, circumstances mitigating administrative responsibility, and circumstances aggravating administrative responsibility are taken into account.

2.1. When imposing an administrative penalty for committing administrative offenses in the field of legislation on narcotic drugs, psychotropic substances and their precursors to a person recognized as a drug addict or consuming narcotic drugs or psychotropic substances without a doctor's prescription or new potentially dangerous psychoactive substances, the judge may impose on such a person a duty undergo diagnostics, preventive measures, drug addiction treatment and (or) medical and (or) social rehabilitation in connection with the consumption of narcotic drugs or psychotropic substances without a doctor's prescription or new potentially dangerous psychoactive substances. Control over the fulfillment of such a duty is carried out by authorized federal executive bodies in the manner established by the Government of the Russian Federation.

2.2. In the presence of exceptional circumstances related to the nature of the committed administrative offense and its consequences, the personality and property status of the person brought to administrative responsibility individual judge, body, official considering cases of administrative offenses or complaints, protests against decisions and (or) decisions on cases of administrative offenses, may impose a penalty in the form of an administrative fine in the amount of less than minimum size the administrative fine provided for by the relevant article or part of the article of section II of this Code, if the minimum amount of an administrative fine for citizens is not less than ten thousand rubles, and for officials - not less than fifty thousand rubles.

2.3. When imposing an administrative penalty in accordance with Part 2.2 of this Article, the amount of an administrative fine cannot be less than half of the minimum amount of an administrative fine provided for citizens or officials by the relevant article or part of an article of Section II of this Code.

3. When imposing an administrative penalty on a legal entity, the nature of the administrative offense committed by him, the property and financial status of the legal entity, circumstances mitigating administrative responsibility, and circumstances aggravating administrative responsibility are taken into account.

3.1. In the cases provided for by paragraph 3 of Article 28.6 of this Code, an administrative penalty is imposed in the form of an administrative fine. At the same time, the amount of the imposed administrative fine must be the smallest within the limits of the sanction of the applicable article or part of the article of section II of this Code, and in cases where the sanction of the applicable article or part of the article of section II of this Code provides for an administrative penalty in the form of deprivation of the right to drive vehicles or administrative arrest and there is no provision for an administrative penalty in the form of an administrative fine, an administrative penalty is imposed in the form of an administrative fine in the amount of five thousand rubles.

3.2. In the presence of exceptional circumstances related to the nature of the committed administrative offense and its consequences, the property and financial status of the legal entity held administratively liable, the judge, body, official considering cases of administrative offenses or complaints, protests against decisions and (or) decisions on cases of administrative offenses, may impose a penalty in the form of an administrative fine in the amount of less than the minimum amount of the administrative fine provided for by the relevant article or part of the article of Section II of this Code, if the minimum amount of an administrative fine for legal entities is not less than one hundred thousand rubles.

3.3. When imposing an administrative penalty in accordance with paragraph 3.2 of this article, the amount of the administrative fine may not be less than half of the minimum amount of the administrative fine provided for legal entities by the relevant article or part of the article of section II of this Code.

4. The imposition of an administrative penalty does not release a person from the performance of the obligation, for the failure to fulfill which the administrative penalty was imposed.

5. No one can bear administrative responsibility twice for the same administrative offense.

Legal norms exclude the possibility of issuing 2 or more decisions on the imposition of an administrative penalty in the same case.

Those. if you were stopped by a traffic police inspector and issued a fine for lack of insurance, then this is a complete offense and you cannot be fined a second time for it.

But if you continued to move and after 10 km. You were stopped by a traffic police inspector and he writes out again a fine for driving without OSAGO insurance, then this is a new offense (another time, another place of the offense, etc.) and this can continue repeatedly!

Article 19. Grounds and procedure for prohibiting the operation of vehicles

1. It is prohibited to operate vehicles if they have technical malfunctions that pose a threat to road safety. The list of malfunctions of vehicles and the conditions under which their operation is prohibited are determined by the Government of the Russian Federation.

2. It is prohibited to operate vehicles whose owners have not fulfilled the obligation established by federal law to insure their civil liability.

2.1. The operation of vehicles by persons under the influence of alcohol, narcotic or other toxic intoxication is prohibited.

3. The prohibition of the operation of the vehicle is carried out by authorized officials.

Based on the foregoing, the actions of the traffic police officer in this situation are legitimate. And you urgently need to purchase an OSAGO policy!

If you have been fined for the absence of OSAGO and you do not agree with it, use a free legal consultation and get comprehensive answers to your questions.

How not to pay traffic police fines in full

I will say right away that It is legally possible not to pay traffic police fines in full. True, not all, but fines for insurance are among them.

Don't be afraid, you're not breaking any law and you won't get anything for it.

State to increase fees to the treasury, d dishonest payers were given a 50% discount on the payment of fines. Federal Law No. 437.

The only BUT!

You can pay a fine with a 50% discount within 20 days from the date of the decision on an administrative offense.

Note! Within 20 days from the date of the decision, and not from the moment the offense was committed!

Payment of a fine with a discount must be made in advance, since it will take several days to complete the operation to credit the fine to the account.

AND if the money is credited within 21 days, the discount will be canceled and you will pay the fine in full.

Now, if you were stopped by a traffic police officer on the road and drew up a protocol on an administrative offense, then it is not difficult to track the beginning of the period in which you can pay a fine with a 50% discount.

What if the offense was recorded by a video recording camera?

There are only 2 pieces of advice here:

  1. Register on the public services portal and link your phone number to your personal account. And in the future, all notifications of fines will come to your phone.
  2. At least once every 10 days, check whether a fine has been issued to you or not on special services on the Internet. I would recommend doing this at the traffic police service.

And there is another little trick!

Since there have been difficulties with issuing an OSAGO policy for 2 years, traffic police inspectors are much more loyal to drivers without an OSAGO policy. And if you “don’t get into the bottle”, but just complain to him that such and such insurers do not want to sell insurance, like I’ve been stuck in an electronic queue for 3 days, but I had to go urgently, etc. etc., then in the end you can save at least 550 rubles on this.

Ask how? Yes, very simple. The inspector can write you a fine not for the lack of insurance AT ALL, but for driving without insurance, which is 500 rubles. instead of 800 rubles. And if you take advantage of the 50% discount, you will end up paying 250 rubles, not 800. Not bad, right?

Attention! This trick should not be abused. It works only because it is now difficult to buy an OSAGO policy.

REMEMBER! You buy OSAGO to insure your liability, and not to “get off” from a traffic police officer!