What is the penalty if the MTPL is overdue?

In recent times, there are often situations where drivers of cars for various reasons do not have time or forget to extend the policy of OSAGO. However, not everyone knows what punishment may be threatened for this, and there is it in general. After all, the driver had insurance, but the term of its validity has only expired ...

About the overdue policy

Why are the cases of compulsory motor third party liability becoming more frequent?

For starters, it is worth noting one important and significant feature in the procedure for the preparation of OSAGO, which has an indirect effect on the increased incidence of its delay.

The main reasons for the delay in the policy are the banal forgetfulness of the driver or his conscious desire. These reasons are known, but there is one more thing - difficulties in extending the policy due to huge queues. If before the driver had to wait for his turn not more than three hours, now the waiting time has increased many times, even there were preliminary entries for the extension of insurance, the term of which can reach three months. What is the reason for such queues? It's simple: after insurance rates and reimbursements have increased significantly, many insurance companies are trying to optimize their work and offer their clients for OSAGO insurance with a load on property insurance or health, for example.

It is because of this that big queues began to appear in those insurance companies that do not impose additional services on their clients. Part of the situation allows to save the service for registration of electronic policies, but the percentage of people who trust this method is still quite low.

How much can you travel with an overdue MTPL insurance? We'll figure it out.

The non-existent concept

All motorists should know that today such a concept does not exist. Undoubtedly, the use of this term is convenient in everyday life to refer to not prolonged insurance, but this concept has not been of legal significance since 2009. Until that time, there was a rule according to which a motorist could legally travel within a month with a policy that expired. This time was given to drivers for the choice of the insurance company and the decision to extend the policy. During this period, the policy also bore the name of the overdue, however it still had legal force. The DPS did not have the right to a fine for overdue MTPL.

But to date, such a right exists already from the first day of delay, because, in accordance with the amendments adopted in the legislation, at the end of the policy period, its legal force is lost, and there are no additional conditions.

Therefore, if OSAGO is overdue, you can get a fine already on the first day after the expiry date has expired. Let's see what kind of penalties are provided, and in what cases they can be applied today.

Penalties for overdue MTPL policy

Earlier, until 2014, a universal fine was established, and its amount was 500 rubles for similar violations, such as delay, lack of a policy or lack of it on hand, driving a car driver that is not insured. Along with this fine, even more severe measures could be applied - they could prohibit the use of a vehicle, withdraw numbers and even send cars to the parking lot.

In case of seizure of numbers, the driver had a day to properly issue the policy and return back their numbers.

To date, as we already know, if OSAGO is overdue, punishment is imposed. Apply such punishment to the guilty driver immediately, from the first day of delay in the policy. This procedure is fixed by the first part of Article 12.37 of the Code of Administrative Offenses, which was updated relatively recently - October 15, 2014. The changes took effect on November 15, 2015.

The first part of this article provides for certain sanctions against the driver in case of driving with an overdue MTPL. It turns out that the updated code does not contain the term "overdue policy", but it is this part of the law that relates to our article.

What sanctions are provided for the driver?

Everything is quite simple: the law provides for a fine of 800 rubles. That is, if the driver is caught, he is fined and released - no other penalties are applied. This procedure is another reason for the conscious refusal to design a policy: the driver, who mainly moves around the area where the traffic police patrols are rare, is cheaper several times to pay a fine for the delayed compulsory motor TPL insurance rather than spending a large sum on insurance registration. It is worth noting that this practice is beneficial only if the driver goes without an accident.

Now we understand the situation with a fine. But we will deal with a question that arises quite often: how many times a day the inspector of traffic police can fine a driver if OSAGO is overdue?

This issue can be attributed to the category of misunderstandings - the situation is that in accordance with Article No. 4.1 of Article 5 of the CAO, the DPS actually can not fine the driver several times for the same violation. This misunderstanding was further exacerbated by the fact that the opportunity to move around with the seized numbers was abolished within a day, in which case the fines were not actually imposed again.

But to date, the situation has changed: the penalty for overdue insurance MTPL may be imposed on every discovery of the fact of its delay. This means the following: a similar violation is interpreted as the management of the vehicle on public roads in the absence of a MTPL policy. This is followed by two important provisions:

• The overdue policy does not constitute a separate type of offense and is equated with the absence of insurance at all.

• For each detected fact of movement without MTPL, a separate penalty is required.

It turns out that the fine will be imposed not for the absence of the policy or its delay, but for the very movement on the roads without a policy. That is, if you do not use common roads, then the policy does not matter.

Hence, every time you were caught on the road without a policy, is an independent separate fact of the offense, and the recovery for each time will be a separate one - 800 rubles for each case of capture. It is interesting that one and the same employee of the DPS can catch you, and then fined, if this happens. And what is the punishment for overdue OSAGO for legal entities?

Penalties for an overdue policy for legal entities

The legislation has not been finalized to this end. The problem is that legal entities that own corporate transport, independently decide on the need to insure the vehicle (and each separately).

However, the driver responsible for all offenses related to insurance is the driver, and not the employer who is a legal entity. Not quite a logical scheme, of course.

It turns out that for the delayed insurance fines will be imposed on the employee, which the legal entity has hired. In this case, you can only give a few tips to hired drivers:

1. You should remind yourself to your employer that the expiry date of the insurance is appropriate. And do it better in advance - a month or three before the agreed time.

2. If you have to pay fines for a negligent employer, you have every right to demand appropriate compensation. In the event that refusal of such compensation follows, the issue can be settled either through a pre-trial claim or by referring a claim for compensation to the judiciary. Is it possible to delay OSAGO and not lose numbers? About this further.

The seizure of rooms and evacuation to the parking lot

Often there is a question of this kind: do inspectors have a legitimate right to rent numbers from cars for overdue insurance or to evacuate it to a parking lot?

The law answers unequivocally: no, inspectors do not have such a right.

More precisely, they already do not have, but earlier they had such a right. It was canceled by excluding Article 27.13 of the Code of Administrative Offenses, which regulated the punishment of drivers for such an offense. The canceled article provided for a ban on the use of the vehicle.

Since recently, the driver can carry an unlimited number of copies of state numbers. In this connection, the measure connected with the seizure of numbers has lost its practical meaning. In parallel with this, the evacuation of the car to the parking lot, which was previously practiced by the DPS inspectors, was canceled. It is necessary to agree that this is not a commensurate punishment for the fact that the insurance of OSAGO is overdue. Fortunately, such measures are in the past, and now the driver shines only fine.

In view of this, the changes that have affected the CAO can be considered positive.

Consequences of an accident in overdue MTPL

How much can you go and what does it threaten?

If an accident occurred with your participation, and your insurance is overdue, then the 800-ruble fine will have to be paid in any case, and your guilt or innocence will not affect it in any way.

If you happen to be an injured party in an accident, the decision on damages will be entirely on you. This can be done on the spot, in pre-trial or in court.

If you are to blame for the accident, the entire amount of reimbursement for the injured party will be borne by you. You will have to pay it yourself in any case, since the victim himself and his insurance company can file a lawsuit against you.

Is it possible to avoid foreclosure for an overdue MTPL policy?

It also happens that drivers are asking about the possibility of avoiding a fine for an overdue policy.

It may seem strange, then there is such an opportunity! But it should be taken into account that this trick will work only if the driver is preliminary prepared for the "capture" by the inspector of the DPS, which can happen. Another important condition is the presence of another driver at the wheel of your vehicle.

What is needed to do this? It will be necessary to make someone a simple power of attorney for the right to manage the vehicle, put the person behind the wheel of your car and go quietly with him on their business. In this case, you can not be afraid of a fine.

It is worth considering that if you are caught driving DPS employees, the power of attorney will not play and the fine will have to be paid. We will understand what is wrong and why this is possible.

The situation is that, in accordance with the law on MTPL, the power of attorney for management for the person to whom the power of attorney is issued, automatically initiates the emergence of the legal right to own the vehicle. And this, in turn, provides for the possibility within 10 days to manage the vehicle without insurance.

Important! In this case, if the traffic police inspector stops you, the trustee must be at the wheel, while the power of attorney, as well as the certificate of registration, must be with the trustee.

The situation abroad

What are the penalties for the overdue MTPL policy in other countries?

If we compare Russia with other countries, then the fine of 800 rubles is a fine.

For example, in the EU countries for such a violation the driver has to pay from 300 to 700 euros, and in some cases it is possible and deprivation of a driving license.

Such a fine in neighboring and quite poor Ukraine is approximately 425-850 hryvnia, which is much higher than the Russian fine.

Such information suggests that one should expect another increase in tariffs. However, when the next update of the penalties will be, it is not yet known.

Helpful Tips

Do not delay with paying fines. When paying a fine within 20 days after its imposition, a discount of 50% is provided. And in case you are a malicious defaulter, other preventive measures may be applied to you, such as arrest of administrative nature for 15 days, or appointment of 50 hours of public works.

Do not be rude to DPS inspectors, if they write you a penalty for an overdue MTPL policy. At this time there are no mitigating circumstances, so the inspector should just write a fine, and not take out a warning.

Conclusion

Now we have figured out what is actually meant by the term "overdue insurance" and how such a violation is being punished and punished today. Given the material from this article, you can easily decide whether to move on your car if there is an overdue policy. This will allow you to take the necessary steps in advance. And one more tip: do not save on compulsory insurance. It is provided for people, helps organize safe traffic on the roads, and everyone is interested in it.

And if the insurance of OSAGO is overdue, now the policy can be issued online. It is fast and relatively inexpensive. Due to the fact that progress does not stand still, the services are constantly being improved. Now the car can be insured in a timely manner, without leaving home.