Possible situations
Forgetfulness of a motorist can cost him a fine and loss of time to draw up a report, and if the car was sent to an impound lot, then additional costs and loss of even more time.
Attention. In order to avoid punishment, it is necessary to carefully check the availability of driving license and the necessary documents when getting into the car.
A situation may also arise in which the license was left at home and the driver was stopped by traffic police. In this case, the main solution to avoid an even greater fine is to eliminate the causes of the violation. Thus, a driver must sit behind the wheel with the necessary documents for the car and a license with a category that corresponds to the driving of this vehicle.
The solution to such a problem would be if an acquaintance or relative could deliver documents to the place of detention within a limited time. If there is no opportunity to bring the license (you can’t get into the apartment, the license is quite far away), the solution may be a relative or acquaintance who can get behind the wheel of the car, having the necessary document with him, and drive the car to the garage or parking lot.
One of the controversial points in this aspect of this issue is the fact that only a student with an instructor in a training car can move without a license. In this case, the instructor must have the appropriate permission for training driving and the car must have identification marks and also be equipped with pedals for the instructor. In this case, the motorist can drive without a license in the driver’s seat. Any other points: forgot, lost your license, had your license stolen, are punishable.
There are also cases where a driver without a license delivered a person to the hospital, where life counts in minutes. Any cases of emergency assistance without a driver’s license can be justified both in human terms and in court if this case was recorded by a traffic police officer.
What happens if you forgot your license at home? In fact, it is difficult to predict the answer. After all, under different circumstances you may face different responsibilities. And sometimes you don't have to worry about anything at all.
What layouts can occur in real life? Eg:
- no rights at all;
- a citizen entrusted driving to a person without a license;
- a valid driver's license was left at home;
- The document was deprived earlier.
In all these cases, different penalties are faced. They will be discussed in more detail below. Remembering responsibility for the violations being studied is easier than it seems.
Fine for driving without a license, what you face for driving without a license
Driving a car without a license is prohibited by the Traffic Regulations and the Code of Administrative Offenses of the Russian Federation. Despite the measures taken by the traffic police, the number of motorists driving without documents or without a license is not decreasing. However, annual reforms constantly tighten the measures applied to this category of violators. Thus, a driver who drives a vehicle without documents can only be fined (if he simply forgot his license and was able to prove it), temporarily deprived of the vehicle (he will be sent to the impound lot), or even convicted and will be forced to serve a sentence.
What will be the punishment for driving without a license after deprivation of a license?
Drivers who repeatedly violate the law and drive a vehicle while already deprived of a driver's license face tougher penalties, doubling fines and retaking the driving test.
Please note that you are given only three attempts to retake the test; if this procedure is unsuccessful, you will have to re-learn the driving school. A driver who has been deprived of documents and gets behind the wheel may find himself in a situation where the amount of material damage becomes exorbitant.
The driver may not only find himself without the right to drive a car, but also in huge debts.
What is the punishment for driving without a license while drunk after being disqualified?
Driving a vehicle after deprivation of a license, and even while intoxicated, is a double violation. Moreover, since the initial deprivation of documents was carried out on the basis of judicial proceedings, a repeated violation is classified as especially serious and falls under the Criminal Code of the Russian Federation. Traffic police officers, having identified such a violator, are obliged to send him for examination. Refusal of an official examination is classified as an admission of guilt.
After this, the case materials are transferred to the court, where further punishment is decided. What is the penalty or fine for driving without a license? What if the driver is also driving while intoxicated? The article of the Criminal Code of the Russian Federation in this case provides for the following types of punishments:
- A fine of 200-300 thousand rubles (or the culprit’s salary multiplied by the equivalent of 12 to 24, which is equal to a year or two) + a ban on certain types of activities and the inability to hold certain positions (hereinafter referred to as the ban).
- Assignment of forced labor for up to 2 years + ban.
- Imprisonment for up to 2 years + ban.
The data presented indicate the seriousness of the violation, such as drunk driving after deprivation of documents.
Fine for driving without a license if you forgot it at home 2018
The traffic rules oblige the driver, upon first request, to present documents for the car, insurance and vehicle registration certificate. Various things can happen in life, and it happens that documents are simply left at home or in another place. Such an offender may get off with a warning or receive a fine of 500 rubles. The fine amount is fixed. If the driver has forgotten his documents at home, has no other violations, and behaves appropriately, it is quite possible to negotiate with the inspector and deliver the documents to him, for which he can get off with a warning and not pay a fine.
Information for the driver
If you forgot your license at home and the traffic police stopped you, what should you do? First, you will have to understand whether the absence of a license will be considered a violation.
To give the most accurate answer to this question, it is important to find out what papers the driver is required to carry with him. The relevant list includes:
- STS;
- driver's identification document;
- car insurance policy (CASCO or OSAGO);
- driver license.
There is no need to take the technical passport and title documents for the car with you. But you will have to carry your license with you, otherwise you will have to face the negative consequences of your offense.
Is there responsibility?
If you forgot your license and were stopped by law enforcement officers, not only the driver, but also the owner of the car will bear responsibility for the violation. This rule comes into effect if the driver is not the owner of the relevant movable property.
As a rule, the owner of the vehicle faces an administrative fine. It is 3,000 rubles. You can get rid of the payment if you prove your ignorance of the violation committed. But, as a rule, this is extremely problematic to confirm.
What happens if you forgot your license at home? As we have already said, there are different life situations. And sometimes you can completely avoid responsibility. When is this possible?
In general, driving a vehicle without a driver's license is not the most serious, but still a violation. And so certain types of responsibility take place.
However, if a person has not been stopped by traffic police, he may not have to worry about anything. And drive a car without a license. But only at your own peril and risk. After all, if the driver is stopped, he will have to face some penalties.
Is it possible to appeal a fine?
You can appeal any decision drawn up by traffic police specialists. It is difficult to give any guarantees in the absence of rights, since these facts are quite simply confirmed during verification. If you disagree with the violation, follow these guidelines when appealing:
- immediately note objections and disagreement with the fine in the protocol at the inspection site, receive your copy of the resolution;
- do not miss the deadline for appealing (it is 10 days from the date of delivery of a copy of the decision);
- send the complaint to the court at the place where the offense was committed (this can be done in person at the court office or by mail);
- be sure to include evidence that you had your ID with you at the time of the check (for example, this could be a video recording from the dash cam in your car);
- if there were witnesses present at the time of the inspection, their details must be recorded and indicated in the complaint.
You can appeal not only a fine under Art. 12.3 of the Code of Administrative Offenses of the Russian Federation, but also a warning. This is a special type of sanctions that may affect the imposition of punishment under other articles of the Code of Administrative Offenses of the Russian Federation.
If the complaint is rejected, the decision will enter into force.
When paying a fine in the first 20 days, a 50% discount is given, i.e. you can pay only 250 rubles. This benefit is available even if you filed a complaint and challenged the penalty. If you do not pay the fine within 60 days, the administrative material will be sent to the FSSP for forced retention. Fine for driving without a license (forgot, didn’t exist, deprivation)
The legislative framework
If you forgot your license at home, were stopped by the traffic police, and the person does not know what to prepare for, it is worth studying the legislative basis for the corresponding violation. The thing is that a forgotten “driver’s card” is an administrative offense. It does not lead to criminal liability, but it does lead to a number of negative consequences.
Moreover, if a person is driving a vehicle that is not his own, the owner will have to be punished for handing over the steering wheel to a driver without a driver's license. It will also be of an administrative nature.
Warning
Now in more detail about the possible layouts. What happens if you forgot your license at home? Let's start with the most common situation - when you have a driver's license, but for some reason it was left at home.
In this case, you can get off with a regular warning. Especially if the citizen has not previously had any problems with the law. Traffic police officers will issue a warning so that the person behaves more responsibly in the future.
According to Article 12.3 of the Code of Administrative Offenses, liability is imposed not only for a forgotten driver’s license, but also for documents for the car. And, as practice shows, sometimes you can really get off with a warning. But this doesn't happen too often.
Time to eliminate the violation
If the driver forgot his license at home, he can return for it or continue driving without it. It all depends on his responsibility, willingness to spend time and money if he is stopped by traffic police officers.
If the car was stopped near the offender’s house and he gets his license in a few minutes, this will not relieve him of liability. Since he did not have the requested document at the time of the check, which was a violation of the law.
If it turns out that there are no registration documents for the car, then the inspector may give time for them to be brought. Many drivers believe that they have 2 hours to provide them. But the law does not specify the time. If an employee wants to wait, that is his right, not his obligation. The law says that the cause of the violation must be eliminated before the tow truck removes the car.
Punishment for the driver
Let's consider what measures of influence on “forgetful” drivers are provided for in the regulatory legislative acts of the Russian Federation.
The lack of a driving license and documents can be assessed from several aspects:
No rights at all. The violator is punished in accordance with Article 12.7 of the Code of Administrative Offenses of the Russian Federation.- Lack of presence. That is, driving without a license, if you have one, is punishable in accordance with Art. 12.3 Code of Administrative Offenses of the Russian Federation.
At the same time, the reason why the driver does not have his license with him does not matter: he forgot it at home, lost it, the validity period has expired, punishment will follow a priori. In any case, the lack of rights is punishable and the punishment can be from 500 rubles to arrest for 15 days, or correctional labor up to 200 hours.
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The last point is the most harmless if the documents are forgotten at home or at work and they are not expired. In this case, the violation will be punished in the form of a fine for an administrative violation of 500 rubles in accordance with Parts 1 and 2 of Art. 12.3 Code of Administrative Offenses of the Russian Federation. Also, driving without registration documents and an insurance policy is punishable by a fine of 500 rubles.
Reference. A warning may be issued at the discretion of the inspection officer.
In this case, the license must be delivered to an acquaintance, friend, wife, husband before the car can be taken to the impound lot.
In any case, when a traffic police officer detains a car with a driver who does not have documents, the inspector is guided by Article 12.7 of the Code of Administrative Offenses of the Russian Federation, where, on the basis of paragraphs. 1 and 2, the car is detained and placed in a parking lot, and the driver is removed from control.
This circumstance is based on Art. 27.12 and 27.13 Code of Administrative Offenses of the Russian Federation.
Clause 3 of Article 12.3 of the Code of Administrative Offenses of the Russian Federation points to one more circumstance: if the right to drive a car was granted to a person who also “forgot at home.”
The punishment in this circumstance will be a fine of 3,000 rubles.
If the driver is checked against the database, he may be issued a fine without being removed from driving the vehicle, however, if the driver is stopped at the next traffic police post, the punishment will follow again.
What if I forgot my license at home? Stopped by traffic cops? What should an inattentive driver prepare for?
Usually, the driver is given a fine for not having a driver's license. The size of the payment directly depends on whether you have a “driver’s card” in general or not. In our case, it was simply forgotten at home.
This means that, according to the law, you will have to pay a fine of 500 rubles. If the violation is committed for the first time, you can get off with a regular warning in the form of a reprimand. Of course, the violation will have to be corrected as soon as possible.
Important: one traffic police post can fine you once a day for the corresponding act. Different traffic cops will be able to impose sanctions on traffic violators again and again. At the end of the day, a person without a license can be fined quite a hefty amount.
Amount of fine
So, you brought your license from home, hand it over to the traffic police inspector, he checks its validity period, checks it with the driver’s passport details and issues a receipt for payment of the fine.
Today its minimum amount is 500 rubles. However, if the license is expired, you can receive a fine of 3,000 rubles.
There is another option - the inspector found the reason why you don’t have a license with you to be valid, issues a warning, issues a receipt and allows you to move on. There is no need to rush, it is better to first look for the name Sberbank on the nearest houses and pay there for traffic violations. Otherwise, driving without a license will end at the nearest traffic police station.
Penalty parking
Since 2015, the rules allowing a car to be impounded have changed. The procedure for seizing a car for leaving your license and registration documents at home has become more complicated and employees rarely resort to it. The arrest report must be signed in the presence of two witnesses. Moreover, copies of the document must be given to the driver and the employee of the specialized parking lot responsible for storing the vehicle.
The conditions for placing a vehicle in a fine parking lot and the conditions for returning a vehicle are given in detail in Article 27.13.
The most important thing is that the car will not be returned if not only permission is received from the traffic police and a fine is paid, but all “services” for transporting and storing the car are also paid for. Each region of the country determines the amount of payment independently.
conclusions
We remind you that when leaving home you should always take the following documents with you:
- driver's license (permanent or temporary);
- registration documents for the car;
- OSAGO insurance policy;
- power of attorney from the owner (if the vehicle does not belong to you).
If the OSAGO policy issued to the car owner includes other persons who have the right to drive, then a power of attorney is not needed.
In conclusion, one piece of practical advice - make copies of the documents, laminate them and put them in the glove compartment for permanent storage. Then, even if you forget the originals at home, the inspector may issue a minimal fine or even get off with a warning.
Now you know how to behave if you forgot your license at home.
Minimum fines
What happens if you forgot your license at home and got stopped? In this case, as a rule, citizens face small fines.
As already mentioned, forgotten documents for a car or the lack of a real driver’s license are not the most serious violations. He is punished for it, but not that seriously.
The fine for not having documents for a car or a driver’s license ranges from 500 to 3,000 rubles. The exact amount of payments directly depends on the region in which the citizen lives. Often, it is offered to pay off the debt on the spot using bank plastic.
Fine for lack of PTS
A vehicle passport, or simply PTS, is the main document for a car, containing all the information about it. Carrying it with you is not necessary and even undesirable - loss or damage to the document is fraught with numerous problems for the owner.
Therefore, officials do not require the presentation of a PTS, which means there are no fines for its absence in the car.
The driver is a person who is responsible for all his actions, and he has no right to forget his documents when driving out on the road. Attention is the best protection against unexpected stops and penalties.
No ID at all
It’s clear what will happen if you forgot your license and car documents at home. But there are other circumstances and situations.
For example, a person has no rights at all. What to do in this case? What responsibilities will you face?
Typically such a violation is punished by a fine. Its size ranges from 5,000 to 15,000 rubles. As already emphasized earlier, the exact amount of payments directly depends on the region of residence of the person. In larger cities, high fines apply.
If you forgot your license at home and got stopped, what should you do? This is the question that worries drivers who travel without a driver’s license. In such a situation, the inspector has the right to check all the necessary information about the citizen’s ID using the database. If the driver found out in advance that he did not have a license and headed home, and was stopped on the way by a traffic police officer, then it is possible to resolve the problem with minimal losses.
A fine of 500 rubles will need to be paid if, when checking the database, no other violations are revealed for the citizen and his rights are valid. In addition to the fine, previously it was necessary to pay for placing the car in the impound lot, and this already amounts to 3-7 thousand rubles, taking into account the region.
Driving a vehicle without a driver's license
If the driver is deprived of a driver's license or has never had a license, then during the inspection he can get into significant trouble. Such situations are established by Art. 12.7 of the Administrative Code, punishment varies and depends on the type of violation:
- driving with an expired license or never having one is punishable by an administrative fine in the amount of 5-15 thousand rubles;
- driving without a license is punishable by a fine of 30 thousand rubles, correctional labor or arrest;
- a penalty of 30 thousand rubles is imposed on the owner who entrusted the steering wheel to a driver who does not have a license.
Violation of traffic rules regarding driving without a driver's license is punishable by administrative fines and detention of the vehicle. If the driver has lost his license or was otherwise deprived of it, it may take two months to restore it. You should submit an application to the nearest traffic service department, the driver will be issued a temporary license to replace the missing one. You will have to pay an administrative fine for driving without documents and drive on a temporary license.
To the parking lot
Previously (until 2021), a towed car could stay in the impound lot for 1 day for free, while the evacuation itself was also free. Today, almost every Russian region has adopted bills requiring owners of evacuated vehicles to pay for the vehicle to be parked in a special parking lot. In addition, violators will have to pay money for the work of the tow truck, its driver and transportation of the fined car.
The price for parking a car in each region is different; in many cities, the fee for evacuation can cost several thousand rubles for 1 day. The sooner you pick up your car, the more money you'll save.
After you have paid for all procedures related to the evacuation of your car, do not rush to get into it and drive away. First, inspect the vehicle for chips, scratches, dents and other damage that may appear after a poorly carried out evacuation. Also, do not forget to check the wheels on the wheels and the availability of equipment (flash drives, speakers, audio system, tools, personal items, first aid kit, etc.).
If you find any damage that is not mentioned in the evacuation protocol, then call traffic police officers to draw up a new protocol. If there are no personal belongings or equipment, you should call the police and report an attempted burglary or theft.
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If you forgot your license at home and were stopped by law enforcement officers, the person will have to immediately prepare for a number of negative consequences. Yes, sometimes you can get away with a reprimand. Only this is an extremely rare scenario. Increasingly, forgetful drivers are fined for lack of documents when driving a vehicle.
Additionally, the car may be confiscated and sent to an impound lot. Returning movable property is not so easy. To do this you usually have to:
- pay traffic fines in full;
- present a driver's license and other vehicle documents to law enforcement officers;
- pay for the work of the tow truck;
- pay a certain amount of money for the vehicle’s stay at the impound lot (ransom).
Only after this will the person be able to get his car back. As practice shows, vehicle evacuation is becoming less and less common, and it is often possible to resolve the situation peacefully.
When stopping a car with a driver, if you have a driver’s license, but not with you, on the basis of paragraphs. 1 and 2 tbsp. 12.7 of the Code of Administrative Offenses of the Russian Federation, a traffic police officer has the right to detain the car and place it in the parking lot, and the driver is removed from driving. This circumstance is based on Art. 27.12 and 27.13 Code of Administrative Offenses of the Russian Federation.
When a vehicle is stopped and the driver does not have a license, it is checked against the existing database for possible cases of deprivation of a license, expiration of a license, and whether the driver has one in general.
How can you avoid punishment for forgotten rights?
This is very difficult to do, since the fact of the absence of a document is always obvious. If there is evidence, you can try to challenge the punishment on the following grounds:
- if the road inspection specialist violated the procedural check procedure (for example, you can indicate that you refused to present your driver’s license because the employee was without a uniform or badge and did not introduce himself);
- if the rules for drawing up the protocol are violated (for example, if a traffic police officer did not indicate his data there, refused the opportunity to give explanations and objections regarding the lack of rights);
- if the representative of the road inspection ignored the presented license, i.e. abused his powers in bringing to justice.
It is quite difficult to prove these facts. Only in rare cases is a full video recording of the communication between a traffic inspector and a driver made, and an audio recording cannot confirm or deny the presence of a document in hand. If you categorically disagree with the traffic police’s claims, we recommend that you consult a lawyer and learn more about the methods of proof.
An exception
And what happens if you forgot your license at home? Driving without a driver's license is sometimes allowed. But, as practice shows, this is a rather rare occurrence.
Only those who are learning to drive can drive vehicles without a driver's license and without documents for the car. In this case, the following rules must be observed:
- the presence of a citizen with a driving license and permission to drive next to the student;
- there must be special signs on the car;
- cars with students cannot travel on roads that are prohibited for use during school.
Accordingly, it is not always possible to drive a car without a license and without documents for the car. But if the listed conditions are not met, you will have to answer in full for your actions.
If your rights are forgotten at home
In this case, the traffic police officer may impose a fine for driving without a license. But the inspector can also get by with a warning.
In areas where inspectors are equipped with the necessary equipment, the presence of a driving license can be checked against a common database. To do this, you need to indicate your full name and the inspector will identify the person by his photograph. In another case, you may need the help of third parties (friends, relatives) who will bring the device to the place of detention.
Stopped on the road, what should I do?
Forgot your license at home? Did you stop the traffic police? What should a driver do under such circumstances?
It is best not to be nervous and act calmly. If a driver has forgotten his driver's license, the maximum he faces is a small fine. They cannot deprive someone of their driver’s license for such an act, nor can they bring them to criminal liability.
Accordingly, when employees of authorized bodies stop a driver, the following is required:
- Fulfill the traffic cops' request.
- Present the available documents for the car.
- Explain the reason for the lack of rights.
- Ask for time to correct the situation.
As a rule, after a violation is detected, a protocol in the established form is drawn up. This is a normal phenomenon that does not lead to any negative consequences. The main thing is to check what is written in the document. It is possible that some data in the protocol is not displayed or is distorted.
What to do and how to act if stopped by traffic police
If you are stopped by an inspector and it turns out that you forgot your license at home (the fine for this in 2021 is described in detail above), you must behave as follows:
- politely explain the situation to the official;
- provide other requested documents;
- wait for identity confirmation;
- pass a driver's license check;
- ask the employee to issue a verbal warning.
If there is a refusal and a protocol is drawn up indicating penalties, the paper is signed and paid on time.
After completing all the formalities, the inspector must send the vehicle to the parking lot. This outcome brings a lot of problems to drivers, so even during the proceedings, they can ask one of their friends to drive up and pick up the car. The main thing is that the authorized person has a license to drive a car of the required category.
Deprivation of rights
When driving a vehicle without a driver's license, the car owner is subject to a fine of 500 rubles (as of 2021), but this is only if you simply forgot your license at home (i.e., in fact, you have it). Otherwise, you will have to pay from 5,000 to 15,000 rubles (if you do not have a driver’s license at all or you are deprived of the right to drive a vehicle).
If you forgot your MTPL insurance policy, you will also have to pay 500 rubles; only in rare cases do drivers receive a verbal warning from traffic police officers. If you forget both your insurance policy and your ID at home, you will need to pay not 500 rubles, but 1000 (500,500). If the driver is a person without a driver’s license, to whom the owner entrusted his car, then the unscrupulous driver will have to pay 3,000 rubles.
In addition to the fine, there is another, more severe penalty. If you forgot your license at home and you were stopped by traffic police officers, the vehicle may be sent to an impound lot, and the car owner may be removed from driving it. Only after paying for all the necessary procedures related to the evacuation of the car, you will be able to return your car and return to driving it.
What happens if you forgot your license at home? Responsibility for this act varies. Therefore, you will have to carefully study the current legislation.
Sometimes cars are driven by people who, for one reason or another, have been deprived of their driver's license. In such circumstances, a more serious penalty may be imposed. After all, as a rule, even a completely responsible citizen can forget his ID. And they are deprived of this document for serious violations.
If a car is driven by a citizen who has been deprived of a driver’s license, then you may face the following liability:
- 30,000 rubles as a fine;
- arrest (up to 15 days);
- community service for a period of 100 to 200 hours.
But that's not all. Sometimes people entrust driving a car to people without a driver’s license or on the condition that the “driver’s” document was taken away for one reason or another.
What to do if you forgot your license and were stopped by traffic police officers
In all cases, it is necessary to be correct and comply with the legal requirements of traffic police officers.
According to the traffic police regulations, road patrols and scheduled inspections are carried out by the traffic police, which is a division of the traffic police. Employees are given an outfit. But according to the police law, any police officer has the right to stop and inspect cars as part of special operations and other investigative actions. At the same time, the policeman is not required to confirm his authority with documents, only to inform about the ongoing operation and present his official identification.
Therefore, you should not get into disputes and conflicts. If the actions of employees raise doubts about their competence, it is necessary to record everything using video and audio recording devices, including the presented identification. Then report what is happening to the hotline.
So what should you do if you forgot your documents at home, they are not in the car, but traffic police officers stopped you? You need to confirm your identity, and then, within 30 minutes, bring your license to the inspector, either yourself or with someone else’s help. They won't let you drive. If this is not possible, then agree to a fine. It is better not to continue driving until the documents are delivered. The next inspector will fine you again.
Is it possible to avoid a fine and how to do it?
The fine can be avoided in two cases. If the inspector confines himself to a warning, deeming the violation unintentional and not worthy of punishment. You can try to persuade the inspector, citing the accidental nature of what happened, that this happened for the first time, and there was no intent. If the inspector does not agree, then defend the incompetence of the fine in the courts.
The fine comes into force and is legal only with the consent of the driver, which is confirmed by the signature in the protocol. In the protocol you should indicate the reason for your disagreement, and petition the court to cancel the illegally imposed penalty. In this case, it is necessary to justify your position and support it with facts.
Who can drive a car without a license?
The legislation provides for the following situations when you can drive a car without a driver’s license:
- driving off public roads;
- learning to drive a special car in the presence of an instructor;
- sports competitions on closed tracks and routes;
- emergency situations caused by natural disasters or threats to health and life.
In all other cases, driving a car without a license is prohibited.
When training with an instructor, the lack of rights is logical and legal.
What should I take with me along with my license?
Article 12.3 of the Code of Administrative Offenses of the Russian Federation provides for liability in the form of a verbal warning or a fine of 500 rubles not only for the fact that the driver forgot his car license at home, but also for a number of other documents that are missing while driving a vehicle:
- MTPL insurance policy;
- waybill;
- shipping documents;
- customs documents (with a note from the customs authority regarding permission for temporary import of the vehicle);
- other registration documents for the vehicle.
The lack of a license to transport passengers and luggage in a passenger taxi is punished much more severely - a fine of 5,000 rubles.
Is it possible to improve the situation?
Some drivers think that a forgotten license can be brought to a traffic police officer within 2 hours. In fact, there is no such rule in the Law, and the inspector is not obliged to provide you with this opportunity. According to the rules, you need to show your documents for the car; if they are not there, then the employee must fulfill his legal duties.
If the inspector has issued a protocol on the offense, then you can make the following entry in it: “A request to leave a car (specific brand) at the site of an administrative offense for 1 (or more) hour at the address (write down the actual address of your car). At the moment, my driver’s license is (where it was left), and I undertake to provide it to the traffic police officers who detained me within 1 (or more) hour.”
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Be prepared for the fact that the traffic police inspector will refuse to provide you with such an opportunity and will punish you for the identified offense to the fullest extent of the Law. There is also good news: if the car owner is adequate, he has an identification document with him, and the car is not listed as stolen, then many inspectors can meet the forgetful driver halfway and let him go. If your passport was left at home along with your license, you will be detained for some time (no longer than 3 hours) to determine your identity.
If you forgot your license at home and were stopped by law enforcement officers, you need to know how to properly eliminate the administrative violation. Only in this case can you hope for a reprimand instead of a fine.
It is recommended to have someone bring the missing vehicle documents to the scene of the accident. For example, a relative or friend. It is advisable that this be done as soon as possible.
Some people decide to go home on their own to get their license. This option is not excluded, but it causes quite a lot of problems. For example, you will have to remember that:
- the car will have to be left at the traffic police post;
- after approximately 30-40 minutes of waiting, the car may be sent to the impound lot;
- You must get home to get your driver’s license “on your own” - on foot, by taxi or public transport.
As practice shows, the best solution is to ask someone to help correct the situation. The faster this happens, the fewer negative consequences the driver and vehicle owner will have.
Important: if at the time of the incident not only the driver, but also the owner of the movable property was in the car, one person can stay with the traffic police officer, and the other can go for the driving license.
Opportunities to improve the situation
The law does not establish rules dictating what to do in a difficult situation. There is no indication in the law that within two hours you can give your license to the inspector and present it. In practice, you can negotiate with the inspector who drew up the protocol and take a taxi to retrieve your forgotten license. In this case, you need to ask to make a note in the protocol about the waiting period and the reason for departure.
It’s good if you have a passport or other ID with a photo. Then the document remains with the inspector, and the forgetful owner goes to get his license, while checking to see if the car is stolen. If the driver does not have any documents with him at all, he may be detained for identification for three hours. You will have to call your relatives or friends and ask them for help to deliver the documents to the place of detention.
Usually, traffic police officers do not call a tow truck to the inspection site, but simply draw up a report. The culprit is given time and the opportunity to deliver documents or call a person with a license who can drive. According to Article 27.13 of the Administrative Code, the vehicle must be detained until the causes of the violation are clarified and eliminated. The decision to detain the vehicle is made by the inspector and entered into a protocol indicating the place and time of the incident. The protocol can be drawn up using a video recorder or with the involvement of two witnesses.
We pick up the car from the impound lot
What happens if you forgot your license at home and the traffic police stopped you? We have already considered possible scenarios. But they cannot be called exhaustive.
As mentioned earlier, sometimes a person without a driver's license gets behind the wheel of a car. Driving someone else's vehicle in this case is punishable by a fine of up to 30,000 rubles. Almost the same as in the situation with the seizure of the mentioned document, but without additional sanctions.
There are several recommendations that you should use to ensure you avoid penalties. First of all, before leaving home, you should check whether all the documents are really on hand and what papers are missing.
If during the trip it turns out that you don’t have a license, you should immediately return back or ask someone to bring your ID. When meeting with an inspector, you should try to negotiate peacefully, without being rude or rude.
It is worth noting that for a driver’s license forgotten at home, the car may not be driven to the impound lot, but only on the condition that the reason for the detention was quickly eliminated. For example, if after 15-20 minutes your license arrives, or your husband/wife gets behind the wheel with their license, then the car will not be evacuated, and you can go about your business.
Do they take the car to the impound lot?
The articles of the Code, which provide for offenses for which the car is driven to a penalty parking lot, are given in Part 1 of Art. 27.13.
This part states that the detention of a vehicle is used when committing an offense regulated only in Part 1 of Art. 12.3., that is, when driving a car, if the STS is forgotten at home.
Thus, if a motorist does not have a driver’s license or insurance policy, the car will not be towed.
But if there is no license at all, or the driver was previously deprived of it on the basis of a court verdict, the vehicle is subject to evacuation in accordance with the procedure established by Art. 27.13., that is, first a detention protocol is drawn up and signed, after which the car is actually towed away.
The driver bears all costs associated with transportation and storage of the vehicle in a special parking lot in accordance with Part 11 of Art. 27.13.
How to behave?
What to do if you forgot your license at home and were stopped by traffic cops? The first thing a driver should remember is that there is no point in panicking and trying to get away from traffic police officers. This will only make the situation worse. You need to remain calm.
So, a man was stopped for driving without a driver's license. In such situations it is necessary:
- present documents for the car (if you have them);
- calmly carry out the actions of traffic police officers and do not resist their demands (get out of the car, show documents to identify the person and the car, and so on);
- explain the situation;
- offer to wait a little while the license is delivered;
- Call your friends or family with the appropriate request.
As a rule, you can try to negotiate with traffic police officers and go home on your own to get a driver’s license. But this will have to be done either by taxi or public transport. The main thing is to present your driver’s license as soon as possible.
If this paper is not available in principle, you will have to comply with the demands of the traffic cops and also pay a fine. It is advisable to do this on site. And to eliminate the violation as soon as possible - receive the appropriate paper.
Is it necessary to have a driver's license with you?
P. 2.1. The traffic rules state the responsibilities of motorists.
Malyshev Sergey Petrovich
Major of the traffic police special regiment for St. Petersburg
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So, clause 2.1.1. The traffic rules establish one of many responsibilities - to have available and hand over a driver’s license or temporary permit upon the legal request of a traffic inspector. For failure to provide driving license at the request of an inspector, the motorist will face administrative liability, depending on the type of violation.
Fortunately for many, current legislation does not provide for criminal penalties for leaving your license at home or for driving with no license at all. Accordingly, the legislative framework consists only of the provisions of the Code of Administrative Offenses (hereinafter referred to as the Code).
Rights may be missing for several reasons:
- staying at home;
- Absence at all (the citizen did not study at a driving school and did not pass qualifying exams);
- deprivation.
Of all the above violations, the least serious is leaving the VA at home. Penalties for this offense are regulated by Part 2 of Art. 12.3.
Other
Now it’s clear what will happen if you forgot your license and car documents at home. But conscientious and forgetful drivers may face another penalty. We are talking about transporting a car to an impound lot.
Typically, this measure is used in cases where a person promises to quickly return home for documents. Provided that no one close to you can do this. There is no need to be surprised when your car is sent to the impound lot. This is a completely legal action, although it does not occur very often in real life.
Source
The driver never received a license
Consider a case where the driver never received a license at all. In this case, it will not be possible to avoid punishment when stopped by the inspector. The owner of the vehicle driven by the offender will also suffer. The car is towed to the impound lot. At the same time, the evacuation procedure and each day the vehicle is idle in the parking lot are paid.
If it is proven that the owner of the vehicle deliberately transferred control to a person without rights, he will be fined 30 thousand rubles. If additionally the detainee was drunk or a minor, deprivation of the driver's license of the owner of the vehicle may also follow.