In recent years, often there are situations when drivers of cars due to various reasons do not have time or forget to renew the insurance policy. However, not everyone knows what could face punishment for it, and have it all. Because the driver had insurance, but the expiry date just expired.
Why the cases that the insurance expired?
For starters, it is worth noting another important and essential feature in the procedure of CTP, which has an indirect effect on the increased incidence of delay.
The Main reasons for which there is a delay policy, are banal forgetfulness of a driver or his conscious desire. These reasons are known, but there is another – difficulties in the extension of the policy because of the huge queues. If earlier the driver had to wait for their turn no more than three hours, now the wait time has increased many times, even had appointment for the extension of the insurance period which can be up to three months. What is the reason for these queues? It's simple: after insurance rates and refunds increased significantly, many insurance companies try to optimize their work and offer their customers by CTP insurance, with the burden on property insurance or health, for example.
Because of this began to arise in long queues at those insurance companies who do not impose their clients additional services. Partly the situation allows you to save the service on registration of electronic policies, but the percentage of people who trust such a method, yet is quite low.
How long can you drive with expired insurance coverage? Face it.
All motorists should know that today such a thing does not exist. Undoubtedly, the term can be used conveniently in everyday life to denote not extended insurance, but the legal significance of this concept has been since 2009. Until that time, was a rule under which a motorist could have within a month to drive legally with a policy, the validity of which has expired. This time was given to the drivers to select the insurance company and the decision on the need to extend the policy. During this period, the Polis and was called overdue, but he still had legal force. DPS was not entitled to a fine for expired insurance.
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But today there is such an entitlement from the first day of delay, because, in accordance with the adopted legislation, at the end of the term of the policy and lost its legal force, and any additional conditions do not exist.
Therefore, if insurance has expired, you can be fined on the first day after the end of the validity period. Let's see what penalties and in what circumstances they can be applied today.
Earlier, before 2014, was set a universal penalty, and the size it was 500 rubles for similar violations, such as delay, lack of policy or lack of it, on hand, the management of the car driver who is not inscribed in insurance. Along with this penalty could apply more severe measures – can prohibit use of the vehicle, seize numbers and even send a car to the penalty Parking.
In case of withdrawal of offer the driver had day in order to properly issue the policy and bring back their numbers.
Today, as we already know, if CTP is overdue, necessary punishment. To apply such a punishment to offending driver can immediately, from the first day of the policy. This procedure recorded the first part of article 12.37 of the administrative code, renewal of which occurred relatively recently – October 15, 2014. The changes came into force on 15 November 2015.
The First part of this article provides for certain sanctions against the driver to drive with an expired insurance. It turns out, the updated code does not include the term “overdue policy”, but this part of the law is relevant to our article.
Quite simply: the law provides for a penalty of 800 roubles. That is, if the driver is caught, he gets a fine and go – no other penalties does not apply. This is another reason for informed refusal of registration of the policy: the driver, which basically moves on the area where the rare patrols of traffic police, several times cheaper to pay a fine for expired insurance, rather than spend a large amount on the insurance. It should be noted that this practice is beneficial only if a driver goes without an accident.
Now we understand the situation with penalty. But let's deal with the question which arises quite often: how many times a day the inspector of traffic police can fine the driver if the CTP expired?
This question can be categorized as misunderstandings – so that, in accordance with article 4.1 of section 5 of the administrative code DPS really can't penalize a driver multiple times for the same violation. This misunderstanding was compounded by the fact that we had to cancel the opportunity during the day to move from the withdrawn numbers – in this case, the fines do not imposed again.
But today the situation has changed: the penalty for expired insurance coverage may be imposed for each detection of the fact of his delay. This means the following: this violation is interpreted as the management of the vehicle on public roads with no insurance policy. From here follow the two important provisions:
• delay a policy does not constitute a separate offense and equated to a lack of insurance altogether.
• For each discovered fact of movement without CTP entitled to a recovery.
It Turns out that the penalty will be imposed not for lack of policy or delay, and for the very movement on the roads without a policy. That is, if you do not use common roads, and a policy for anything.
So, every time when you are caught on the road without the policy, constitutes an independent offence, and the penalty for each will be a separate – 800 roubles for each capture. Interestingly, catch you, and then to penalize one and the same employee of DPS, if that happens. And what are the penalties for expired insurance for legal entities?
The legislation is not fully refined. The problem is that legal entities having in their ownership of corporate transportation, make a decision about the necessity of insurance of the vehicle (and each separately).
However, responsible for all offences associated with insurance, directly is the driver, not the employer who is a legal person. Not entirely logical scheme, of course.
It Turns out that for expired insurance, fines will be imposed on the employee which legal entity is hired. In this case, you can only give a few tips for hired drivers:
1. Should remind your employer that it is time of expiration of the insurance. And to do it better – three months before the stipulated date.
2. If you have to pay fines for a negligent employer, you have every right to demand appropriate compensation. In case followed the refusal of such compensation, the matter could be resolved either through a pretrial claim, either by sending a claim to the courts. Is it possible to defer CTP and not to lose numbers? More on that later.
The question Often arises of such order: whether the inspectors of traffic police the legal right to stay with a car for expired insurance or to evacuate him to the pound?
The Law answers unequivocally: no, the inspectors have no such right.
To be precise, already have, and before such a right they possessed. It is cancelled by the deletion of article 27.13 of the administrative code, which regulates penalties for drivers for a similar offense. Canceled article included a ban on the use of the vehicle.
Recently the driver can carry an unlimited number of copies of the license plates. In this context, the measure associated with the withdrawal of the offer, has lost its practical sense. In parallel, were canceled and the evacuation of the car to the penalty Parking, which was previously practiced by the inspectors of traffic police. It is necessary to accept that this is not a proportionate punishment for overdue insurance insurance. Fortunately, such measures in the past, and now the driver shines just fine.
With this in mind, the changes concerning the administrative code can be considered positive.
How long can you go and than it threatens?
If the accident occurred with your participation, and your insurance lapse, put to a fine of 800 rubles will have to pay anyway, and your guilt or innocence is not affected.
If in an accident...
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ES: https://tostpost.com/es/la-ley/9116-de-qu-depende-la-multa-si-osago-vencido.html
HI: https://tostpost.com/hi/the-law/5119-ctp.html
JA: https://tostpost.com/ja/the-law/5116-ctp.html
KK: https://tostpost.com/kk/za/9109-ay-ta-ayyndal-an-ayypp-l-eger-osago-t-rbiesh-lerden.html
PL: https://tostpost.com/pl/prawo/9110-jaki-przys-uguje-kara-je-li-oc-przeterminowane.html
PT: https://tostpost.com/pt/a-lei/9105-qual-confia-multa-se-o-ctp-de-atraso.html
TR: https://tostpost.com/tr/hukuk/9113-hangi-sadece-iyi-e-er-ctp-ge-mi.html
UK: https://tostpost.com/uk/zakon/9111-yakiy-naklada-t-sya-shtraf-yakscho-osacv-prostrocheno.html
Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."
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