What fine can you face for handing over the steering wheel to a person who does not have a license?

Handing over the steering wheel to an adult or child without a driver's license

Very often, parents try to teach their child to drive by putting him behind the wheel of a car.
It’s good if this happens in a deserted place with no people or cars on the road. However, even this sometimes does not save you from colliding with an obstacle and sustaining health damage. Therefore, starting driving lessons by violating traffic rules is a negative example for a future driver. An equally common violation is the purchase of a moped, ATV or scooter for a child who does not have a license, which requires a category “M” driver’s license to operate. This is done by many parents out of old memory, since in their youth they were not required to drive a moped. Such a violation of the Rules can cost the culprit a substantial fine in the amount of 5 to 15 thousand rubles.

If, when transferring the steering wheel to a child, the owner of the vehicle knows in advance that he is violating traffic regulations and can assess the risk and consequences of his action, then in the situation of transferring the driving to an adult, he may be misled about whether the person taking the wheel has a driver’s license and whether his category corresponds to the type of vehicle.

It is difficult to determine by the appearance and words of an adult whether he has the appropriate driver’s license or not, therefore, before transferring control, you must personally verify that it is available and that it complies with the required category of transport.

Handing over the steering wheel while learning to drive

It is guaranteed that you can avoid liability if the right to drive was granted for the period of training driving. To do this, the following conditions must be confirmed:

• existence of an agreement with an educational organization;
• driving a specialized vehicle that has two control sets and has been certified for training driving;
• driving in the presence of a teacher who is obliged to explain safety standards and control the driving process.

If only a student is there when the car stops, the punishment will be 100% for the person responsible for the safety of the educational process. It is allowed for a student to drive a car alone if this happens on specially equipped areas.

Fine and other punishment for handing over the steering wheel to a person without a license in 2021

How to check a driver's license for deprivation using the traffic police database
Based on this rule, we can conclude that before letting another person drive their vehicle, the driver is obliged to check that his friend has the appropriate category, and also to make sure that he is in a sober state .

The exception is the process of learning to drive.

Now let's move on to the most common situations that lead to irreversible errors. Transferring control of the vehicle to a child.

Parents often believe that they can teach their child to drive much better than some instructor from a driving school. No matter how much driving experience you have, you should not put a child behind the wheel, since, firstly, he is a minor, and this will lead to a double fine, and secondly, it will be completely wrong to start training by committing a crime.

To whom and when can you transfer control of your car?

Russian legislation clearly states who has the right to drive a vehicle. This applies primarily to those people who have a driver’s license of the appropriate category. If a person driving does not have a license, he can be fined a lot of money. The only exceptions are those motorists who are trained in driving schools. In all other situations, the person driving must have a driver's license.

But it also happens that for various reasons the owner of the car transfers control to another person. Often this becomes a child to whom a “caring” parent is trying to explain the basics of driving a vehicle. It is very dangerous. Despite the fact that many dads believe that they can teach their child to drive a car better than any instructor, such situations are unacceptable. Moreover, here you need to take into account that penalties for the car owner will be twice as large as usual. The reason for this is that the first penalty will be due to the transfer of control to a person who does not have a driver's license, and the second - because the driver was a minor. In the first case, the punishment is provided for the car owner, and in the second - for the parent.

There are also situations when parents give mopeds to their grown-up children. At the same time, not everyone thinks about the fact that in Russia for several years now there has been a rule that only a person with a category M license or higher can drive such a vehicle. Thus, both the young driver and his parents face a serious fine.

In addition, frequent reasons for transferring control of a vehicle to another are drinking alcohol or other circumstances due to which the car owner cannot drive the car himself. You have to be very careful here. It is not a violation if this person has rights of the appropriate category and is included in the insurance policy, or insurance is issued for the vehicle without restrictions.

In the absence of these requirements, it turns out that a person is driving who does not have the appropriate license. This is very dangerous for passengers in the car and other road users. Therefore, serious fines are provided for such an offense. Most likely, the owner of the car will have to pay them, so you should not once again allow other people to drive your car.

What is the penalty for handing over the steering wheel to a person without a license or drunk?

What are the categories of driver's licenses in Belarus?

If there is none, then to the manager. We also read: If the driver is caught drunk, then there may be several options for the development of the situation.

• Transferring control to a person who was obviously drunk. For the owner of a car, such an offense faces a fine of 30 thousand rubles. Also, traffic police officers may confiscate the car owner’s license for 2 years.
• Transferring control of a vehicle to a person in a state of intoxication, if it was not initially known that the driver was subsequently going to drive drunk. That is, he transferred the right to drive to a sober person, who subsequently (without the knowledge of the owner of the vehicle) got behind the wheel while drunk. Until it is proven that the owner knew about the driver’s intentions, no sanctions will be applied to him.

for the violator himself can be applied in the form:

• administrative arrest if he does not have a driver’s license permitting the driving of this category of vehicle.
• monetary penalty and deprivation of rights, if he has them;

Transfer to a person under the influence of alcohol without a license

The most dangerous violation is handing over the steering wheel to a drunk driver. The law does not contain special sanctions for violations when a driver without a license was allowed to drive a car. The general composition of the offense is specified in Part 2 of Art. 12.8 Code of Administrative Offenses of the Russian Federation:

• the owner or other legal owner will be punished if he knowingly knew about the driver’s drunken state (obviously, this can be confirmed by being present at the time of driving as a passenger);
• if at the time of arrest of a drunk driver there is no owner in the car, in defense he can refer to the transfer of the steering wheel to a sober person;
• since part 3 of Art. 12.8 of the Code of Administrative Offenses of the Russian Federation provides for deprivation of rights; the case will be considered by the court.

Find out more Testing for alcohol intoxication: how it goes, your actions

It is unrealistic to prove at what point the state of intoxication began and when a drunk was allowed to drive, especially if a one-time power of attorney was not issued directly upon transfer of the car. You can give the keys to a completely sober person, who can drink alcohol before the trip at any time and without your knowledge.

Legal advice . Even if at the time of arrest you are next to a drunk driver in the car, there are still chances for a successful defense. Be sure to indicate in the report that the driver’s behavior and signs do not make it clear that he is drunk. Naturally, this option is not suitable if the trusted person is driving with a bottle of alcohol or a dose of drugs, or is extremely intoxicated. In any case, I advise you to immediately contact a lawyer, since success in court depends on your initial actions.

There is one more tip that can save your rights. If a drunk driver you allowed behind the wheel caused an accident, by any means prevent him from leaving the scene of the accident. When searching for escaped drivers, claims are first made to the owner, since it is almost impossible to establish the identity of the actual driver. You will have to prove that another person was driving the car, which is very difficult even for an experienced lawyer.

The driver needs to be checked

Amount of fine for driving without a license

Confidence can help a person in life and at work, but it is not the most admirable quality when driving a car. A check must be carried out before you are allowed to drive, and even your own car. An excellent feature may be forethought, which will allow the driver, when applying for a compulsory motor liability insurance policy, to register an unlimited number of persons in his driving permit.

And to check the legal capacity and physical condition of the applicant to drive your car, you need to study the driver’s license, paying special attention to the validity period, category and correctness of filling out significant fields. A deep breath and a warm stream of air without a trace of the smell of ethyl alcohol will increase the level of trust to transcendental heights

The traffic police post is not scary, the road to home should be spacious and easy

A deep breath and a warm stream of air without a trace of the smell of ethyl alcohol will increase the level of trust to transcendental heights. The traffic police post is not scary, the road to home should be spacious and easy.

Rights lost

If you lose your driver's license, you will not have to pay anything, with the exception of the state fee for the production of a new plastic license - 2,000 rubles. In this case, the validity period of the license will remain the same as that of the lost license, and you will not need to take a theoretical exam at the traffic police.

Lack of rights due to loss is equated to their complete absence and is punishable in accordance with Part 1 of Art. 12.7 of the Code of Administrative Offenses of the Russian Federation with a fine in the amount of 5,000 to 15,000 rubles and evacuation of the car to a specialized parking lot.

Punishment for breaking the rules

A citizen who drives a car illegally is not responsible for his offense within the framework of the Administrative Code. His responsibility comes only when an act of a criminal nature is committed: theft of a car, a traffic accident with victims, causing harm to others when using a car.

Who pays the fine

The fines are paid by the owner of the car; he may or may not be present in the car - only he is to blame. The categorization of the fine depends on the severity of the offense:

• the easiest option is when the control is entrusted to a person who is not included in the insurance, the main thing is that this insurance is and is in the car, and paying a fine of 500 rubles can be justified by the extreme need to get home;
• the punishment for forgetfulness of the one who drives the car is a little higher: he got behind the wheel, but left his license at home, thereby punishing the owner of the car for 3 thousand, expenses can be divided or taken upon yourself if you have a conscience and free money;
• gullible people have to fork out much more seriously: a colleague said that he had a license, the car owner believed it, and the police officer thought the driving of a person who got behind the wheel for the second time in his life was suspicious - and now a report for 30 thousand rubles has already been issued;
• and if a person without a license differs from the owner of the car in slightly less alcohol, and he has never received a license, then the owner will pay 30 thousand and will work up an appetite on foot for 2 years through the streets of his hometown;
• The most severe punishment awaits the one who got behind the wheel, forgot to seat the owner next to him and quickly sped off. Such an act qualifies as theft, costs the thief 120 thousand rubles, or in the most severe cases up to 5 years.

When the owner of the car is released from responsibility for transferring control

The Administrative Code does not directly refer to the exemption from punishment of the owner who transferred the car to a person without a license. Judicial practice shows several cases where the owner of the vehicle was found not guilty:

• an invalid driver's license is presented - this fact is taken into account only if there is evidence;
• at the time of receiving the car the person was sober, but then drank;
• the vehicle was borrowed without notifying the owner - the situation is classified as theft, the offender will go to prison for 5 years;
• At the time of receiving the car, the person had a license, but then they were confiscated.

Important! The fact that the vehicle is transferred to another person due to the driver’s health condition is regarded as a mitigating circumstance.

Fine for transferring control of a car to a person without a license

To a person with common sense, it seems that such a situation is simply impossible. However, the presence of a corresponding clause in the Code of Administrative Offenses confirms that incidents such as handing over the steering wheel to a person without a license also happen in life. According to paragraph 3 of Art. 12.7 for the decision to transfer control of a vehicle to a person without a driver’s license, its owner will pay an impressive amount of 30,000 rubles. The citizen himself, who gets behind the wheel without a license, will be fined 15,000 rubles if he never had one, and 30,000 rubles if he was deprived of his license. The fine can be replaced by administrative arrest.

To impose this administrative penalty on the owner of a car, it is necessary that he knows that the person does not have the right to drive a vehicle. An exception applies only to driving lessons, if the person next to the driver has a driver's license.

For an adult

When transferring control of a car to an adult who does not have a license, the owner must understand that this can cost him a lot. You should think carefully and evaluate how necessary this is. In any case, if you are unable to drive yourself due to intoxication or poor health, it will be cheaper to call a taxi. You should not hope that the car will not be stopped and the driver will not be asked to show his license.

For a minor

This happens quite often. A parent, wanting to teach his child to drive, puts him behind the wheel. However, the fact that he is nearby in the next seat does not relieve him of responsibility. The formal side of the offense - transferring control of a car to a person who does not have a license - is obvious; it will not be possible to avoid a fine.

Cases of administrative offenses under Art. 12.7 are considered in the magistrate's court on the basis of a protocol drawn up by employees of the State Traffic Inspectorate.

If, when driving a car by a person who does not have a license, harm is caused to third parties, then the owner of the car will be held jointly liable along with the culprit of the accident.

If the owner was not aware of the third party’s lack of rights

When transferring control to an adult, any car owner must ensure that he has a license. This should be done not just by taking a friend’s word for it, but by looking at the validity period of the driver’s license. The owner of the car must understand that if he does not take this moment seriously, he will have to bear the consequences.

But he can be misled intentionally or unintentionally:

• A person can actually have a license, be sure that he has it with him, and declare this to the owner of the car. But in reality it turns out that he forgot them and got behind the wheel without a license, that is, he unintentionally misled them. If, when clarifying the circumstances of this incident, the driver proves that he has a license, then the owner of the car will be held accountable under Art. 12.3 Code of Administrative Offences. The penalty in the form of a fine in this case will be 3,000 rubles for the owner of the vehicle and 500 rubles for the driver.
• If a citizen has been deprived of the right to drive, but for some reason he still has the certificate, he can present it to the owner of the vehicle and convince him of the right to drive. In this case, there is deliberate misrepresentation. Only a court can conclude whether the car owner is at fault here or not, having considered all the circumstances and reasons for what happened.

How to appeal, mitigate the punishment or reduce the fine

Alexander Torvard, auto lawyer

The practice is that it is difficult to justify a citizen in similar cases: for the owner who handed over the steering wheel, and for the one who sat behind that steering wheel. Moreover, if the driver was drunk, judges in such cases rarely issue an acquittal.

In my practice, this has not happened, but the guilt can be mitigated when the owner was not aware that he was handing over the steering wheel to a citizen without a driver’s license or who had been drinking. He must say this in court. And the driver must confirm that he hid the facts of not having a license and drinking alcohol.

Reasons for receiving a fine

There may be several reasons for transferring control to any person:

• One car in the family, and the spouse or grown-up children simply tear the steering wheel out of their hands, they also need to realize themselves as a full-fledged participant in a dense or not so dense flow of multi-colored cars;
• There was a reason or an opportunity to drink, but you couldn’t restrain yourself, after weighing the likelihood of deprivation of your rights in the event of a personal meeting with traffic police officers. Usually the right decision is made to invite a sober driver - for money or a relative, friend, wife who can take a weak person home;
• I had to take the medicine, then, after studying the label, I found that it contained alcohol or a strong recommendation not to drive after taking the substance. Again, the right choice would be to disturb close people who will willingly or without much enthusiasm help out again;
• If an illness suddenly occurs, the state of health is so bad that concentration is aimed solely at keeping oneself in working condition. In this case, it will be useful to call an ambulance and inform your loved ones about the location of the car so that they can pick it up quickly.

And cases when the steering wheel cannot be transferred categorically are described in the Traffic Rules (TRAF).

Who should not be allowed to drive

The owner must not transfer control to persons who are not authorized to drive the car.

1. For minors.
2. Citizens with health restrictions.
3. Those who are unable to drive a vehicle due to the effects of medications.
4. It is strictly prohibited to hand over the steering wheel to a drunk driver.
5. A person without a driver's license (VU). The absence of this document is equivalent to the transfer of control to a person deprived of rights.
6. Insurance restrictions may not allow you to get behind the wheel.

Even if the driver was stopped by a traffic police patrol, you should not resort to the excuse that the offender took the keys from the owner without asking permission. This will bring a person under an article of the Criminal Code, which provides for up to 3 years in prison (166 of the Criminal Code of the Russian Federation). When the circumstances are revealed, the car owner himself will have to answer for slander.

To a man without rights

Perhaps the broadest category. It covers several cases:

• The owner of the car did not know that the driver did not have a license. Most often this is just an excuse, and a very ineffective one at that. Few people will put a person behind the wheel without asking him whether he knows how to drive. Well, if the driver lied about the fact that he already has a license, then the driver and the owner will resolve the dispute between themselves;
• The car owner decided to start teaching the child himself. Surely many drivers began with their father giving them a little steering somewhere outside the city, in courtyards and vacant lots. Such an act seriously violates traffic rules - training must be carried out by specialists in a driving school;
• Parents purchase a moped or scooter for a minor citizen and allow him to move freely around the city. Although the ban on driving scooters without a license has been in place for a long time, most parents are not even aware of it. Therefore, the owner faces a fine for handing over a scooter to a child.

The driver is under the age of majority

The situation when the owner of the car gives control to a child or teenager is very common. For such an action, the owner of the car faces punishment for handing over the steering wheel to a person without a license. This is explained by the fact that minors cannot have a license, since it is issued upon reaching a certain age, including if the person has previously studied at a driving school.

It should be noted that not only the owner of the vehicle will be held accountable for the described violation. There is also a punishment for minors, which is a monetary penalty, the amount of which is calculated taking into account a number of factors.

Responsibility for handing over a vehicle to a drunk person

A motorist under the influence of alcohol not only violates traffic rules, but also poses a threat to the life and health of other road users. Since the violation is the most serious, the person who handed over the car to a person in a state of intoxication is punished by deprivation of rights and a fine of 30 thousand rubles. In the text of Art. 12.8 of the Code of Administrative Offenses states that a driver’s license is taken away for 1–1.5 years.

A drunk person is entitled to:

• arrest for 10–15 days or imprisonment for up to 2 years;
• administrative penalty in the amount of 30 thousand rubles;
• for a repeated offense - a fine of 200–300 thousand rubles. or loss of income for 1–2 years. He is also deprived of the right to hold certain positions for 3 years;
• forced community service for two years.

On a note! In 2021, the person who transfers the vehicle to a drunk citizen pays 50 thousand rubles to the state, and is also punished by deprivation of his driver’s license for 3 years.

Handing over the steering wheel to a drunk without a license

A driver who is drunk or has used drugs will also have to answer to the law. Punishment awaits citizens who get behind the wheel without a driver's license. A person who is a joint owner of a car, who does not have rights or has been deprived of them by a court decision, has a similar measure of liability.

The type of liability for drunk drivers is prescribed in the Criminal and Administrative Codes.

Articles 12.7–12.8 of the Code of Administrative Offenses of Russia talk about the punishment provided for drivers who were driving while drunk.

Important! You cannot let another person drive, even if your last drink of alcohol was 24 hours before the trip. A breathalyzer detects the presence of alcohol in the blood.

Not covered by insurance

This is a common violation that can result in a fine. However, there is no penalty for such an action for handing over the steering wheel to a person without a license. The driver may have a license with him, but in accordance with the rules, he must be entered into the MTPL, otherwise driving this vehicle is prohibited.

The basis for recovery is also the lack of insurance or its expiration. In this case, the driver faces punishment even if he is sober and does not violate traffic rules.

To a driver who has been deprived of his license

This type of offense also occurs quite often. This is due to the fact that the driver may well hand over control to the driver if he knows that he is trained to drive. However, being able to drive does not mean having a driving license. If a citizen is deprived of his license, he cannot drive any vehicle, including with the driver’s permission. If the owner of the car voluntarily transfers control to a driver who has been deprived of his license, then he will face a very large fine of thirty thousand rubles.

For a driver who forgot his license

The most minor of all violations. It implies that when control was transferred to a person, he did not have an identity card with him. That is, the driver is sober, trained to drive, but drives a vehicle without documents. Since this offense is not too serious and generally does not pose a danger to road users, the fine for the transfer will be only three thousand rubles. No other measures apply.

Penalties for handing over the steering wheel to other people without a license

This is, firstly, unsafe, and secondly, you face a double fine for such a violation. And your child doesn’t need to start driving with an accident, and even with a bad ending. It’s better to let your child grow up and study at a driving school with an experienced instructor. Parents “delight” their child with a scooter or moped.

Despite the fact that this type of transport is small in size, a separate category has already been introduced for it.

You also need to learn how to drive such a vehicle. And a teenager’s inexperience can cost him life or health.

Sometimes people give the steering wheel to another person who does not have a driver's license.

Transfer to a minor

A minor cannot initially have a driver's license. Therefore, by handing over the car keys to a child, you will probably be punished under Part 3 of Art. 12.7 Code of Administrative Offenses of the Russian Federation. As I said above, if the child is your relative, acquaintance, neighbor or other close person, in 99% of cases the punishment will be justified and fair.

In our practice, many cases of this category ended positively. Here's what you can refer to to avoid punishment for transferring the right to drive to a minor without a license:

• that the authorized person presented a driver’s license, which later turned out to be a fake (a fine will most likely be charged if the document is completely different from the real license);
• if the child resembles an adult in all respects (these factors are very subjective and therefore do not guarantee success in the case);
• if the minor child was emancipated, i.e. became fully competent before reaching 18 years of age.

To avoid liability, I recommend that you always check the age of the person you trust to drive your car. The check will take a few seconds, and you will save 30 thousand rubles. It is generally advisable to always draw up a power of attorney if the steering wheel is transferred to non-relatives. Read about how a general power of attorney for a car is issued in our previous material.

What if the insurance is unlimited?

Today there are few people willing to take advantage of unlimited insurance due to its high cost. Also, many drivers do not know what rights such a document gives. Possession of an unlimited policy allows you to transfer the car to any person who is not included in the certificate. To do this you need to have:

• rights;
• power of attorney to drive a vehicle.

Open MTPL is very convenient when you often need to involve a driver who is not included in the policy. There are many advantages to an unlimited certificate:

• you don’t have to worry about encounters with traffic police patrol officers;
• if the vehicle is owned by a private enterprise, several employees can drive one vehicle;
• If the owner of a personal car, due to an illness or injury, needs to be immediately transported to a health care facility, then it is also possible to transfer control to any unauthorized person.

The only drawback is that you will have to overpay a little. As a rule, the price for obtaining this option of compulsory motor liability insurance is 1.5 times higher than for a regular type of policy. However, after issuing an open certificate of insurance, the question will no longer arise whether the control of the car can be transferred to another person. No driving bans are imposed by persons other than the owner.

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How to mitigate a punishment (fine), mitigating and aggravating circumstances

Circumstances that aggravate a person’s guilt in violating traffic rules are:

• his drunk driving;
• repeat offense.

This applies to both the person who is driving and does not have the right to drive a vehicle, as well as the owner of the car.

Mitigating circumstances are considered by the court. This may be information according to which the person has not previously been brought to administrative responsibility, or his car was used without his knowledge.

Complain if you are sure you will be heard

The driver and owner have 10 days to appeal the decision on punishment. To do this, you should carefully study the essence of the issue for punishment outlined by the inspector on paper, and consult with a car lawyer.

You can send a complaint to the following address:

• to a police unit that is higher in the hierarchy of the one whose officer issued the report;
• can be sent directly to the commander of the traffic police unit for consideration on the merits;
• if the authorities did not find the truth, then the final authority to establish the truth will be the court.

Search and attention to the correct filling out of the protocol by the traffic police officer can reveal shortcomings and errors that are useful for the car owner:

• absence of signatures of witnesses;
• lack of data for complete identification: passport, full name and patronymic;
• corrections in the protocol are not certified by those present;
• formal explanation of the rights and responsibilities of the driver when drawing up the protocol;
• failure to provide an interpreter if your command of the state language is uncertain.

An important point is the active position of the driver when drawing up the protocol.

It is much more effective for further proceedings to record your position in the protocol, expressing a denial of guilt and the far-fetched conclusions. This can convince the judge of the legitimacy of the plaintiff’s position and tip the scale of justice in his favor.

It is preferable to avoid situations in life that force you to resort to the help of another driver to drive your car. It is often better to lock the car and get to the desired location in any other way, saving money, nerves and the car.

Procedure for appealing a traffic police decision

Any traffic police fine can be contested within 10 days. One of the reasons to cancel the punishment is making mistakes when drawing up the protocol. This is what the courts usually focus on. An appeal against a decision on an administrative offense is carried out according to the procedure established in regulations.

1. The car owner should write a statement to the immediate superiors of the inspector who imposed the fine.
2. If this does not help, the violator has the right to complain to the authorities of the regional traffic police.
3. Alternative options are an application to the prosecutor's office or filing a claim with a judicial authority.
4. The circumstances of the offense should be outlined in detail and the existence of reasons should be indicated that would either reduce liability or completely cancel the punishment.
5. As an application, you can submit photo and video evidence, witness statements, expert opinions, and so on. All materials will definitely be considered.

Read also: What is the fine for using a phone while driving?

To increase the chances of success, it is recommended to contact car lawyers. Specialists know the nuances of the law and will be able to build a defense more competently.

What is the penalty for violation?

If you do not adhere to these conditions and drive without a license, you face an administrative violation in the form of a fine of at least 5 and maximum 15 thousand rubles. In addition to monetary payment, driving without a license can lead to accidents, causing harm to the car, yourself, passengers, and pedestrians, since the young driver does not know all the rules of the road well.

Handing over the steering wheel to a minor carries with it punishment not only for the teenager, his parents, but also for the owner of the car. So, the latter will have to pay 30 thousand rubles, and if the driver was drunk, then the fine will be the same, but the deprivation of a driver’s license will also be added for up to 2 years.

If an inspector stops a teenager driving a moped, he will have a preventive conversation and may be released for the first time. The vehicle will be placed in an impound lot, from where only parents will be able to pick it up. If such a violation occurs a second time, this threatens that such a “manager” will not be allowed to take the exam to obtain a license.

Parents are responsible if their minor child breaks the law. Previously, the fine was a little more than 2,000 rubles, but in 2021 this amount reaches 30,000.

If the violation occurs a second time, then the parents will be fined twice as much, i.e. 60 thousand. In addition, the vehicle will be moved to the impound lot. The violator will pay for this, in addition, there will be a payment for hourly parking of the car.

If a minor was driving while intoxicated, then he will be fined 30,000, if the parents knew about it, then they will be fined the same amount. For a repeated violation of this type, the fine will double, and parents will be deprived of their driving license for three years.

But there are situations when the owner of the car did not know that a person under 18 years of age or without a license was driving his car. The inspector is unlikely to believe the words; they will investigate and find out the reason for what happened. It is possible that his car was simply stolen, in which case a person could be sent to prison for such unlawful actions.

Another violation that follows for driving without a license or as a teenager is that the minor is not included in the insurance policy, so driving without insurance is fined 800 rubles. The car is transported to an impound lot, from where only the owner can pick it up. If the incident happens again, the parents will be fined an even larger amount. With further similar actions, this situation will be considered as a failure to fulfill parental responsibilities, and the teenager may be transferred to state support, and the parents may be completely deprived of parental rights.

Be very careful and make sure every time that the driver of your car is a person who has reached the age of majority and has a license. Otherwise, a fine may not be the strongest punishment; it is much worse to get into an accident and damage people’s health and the car.

Penalties

If we talk about fines for such offenses, they are regulated by the Code of Administrative Offences. How much exactly the fine will be for transferring the right to drive a car to a person who does not have a legal basis for this depends on the specific circumstances, and many purely legal nuances will have to be taken into account.

If the owner of the car is a legal entity, penalties will be applied to the official responsible for the operation of vehicles on the organization’s balance sheet. If such a position is not provided in the state, the fine will be issued to the head of the company.

Now let’s look at each specific case of violation of the norms specified in the traffic rules.

If a third person was driving a car while drunk

Unfortunately, in our country the phenomenon of drunkenness itself is quite common, and drunk drivers are not uncommon.

The mentality of a Russian person is such that in many cases he is not only not averse to driving while drunk, but is also quite tolerant of the dubious circumstance that his car is being driven by a drunk relative or friend. It goes without saying that in the latter case, responsibility for the occurrence of unpleasant consequences that threaten the lives of all road users without exception falls on both the person driving and the car owner, even if he is a person who does not drink at all.

To prevent such behavior, domestic legislation provides for a strict measure of liability for the handover of the steering wheel of a car by the owner to a person who is intoxicated at the time of the stop by a traffic police officer.

This norm is enshrined in Article 12.08 of the Code of Administrative Offenses (Part 2), providing for the punishment of a car owner for handing over the steering wheel of an AC to a drunk driver by deprivation of his driving license for 1.5-2.0 years or a thirty thousand fine. The nuance is that such punishment is applied regardless of the fact whether the drunk driver had a driving license or got behind the wheel without a document granting the right to drive a vehicle.

A person who is not the legal owner of the car may also be subject to the same punishment. That is, a person who drives a car by proxy and gives it to a drunk driver can also be left without a license. And although at present a power of attorney is not as significant a document as it was before 2012, this provision of the law has remained unchanged.

There are certain subtleties with the issue regarding the conditions for the interpretation of this offense. So, if a traffic police inspector stopped a car driven by a drunk driver, and the owner was in the next seat, in this case the latter cannot avoid punishment.

But if the car owner was outside the car at that moment, he may well claim that when he provided the car to a third party, the person to whom he entrusted the steering wheel was absolutely sober. If he can prove this, he can escape responsibility. Another thing is that usually such cases in court are decided in favor of the state. The main difficulty is establishing the exact time when the car keys were handed over. Forensic examination is involved in solving this problem, but there is no talk about the accuracy of the methods used.

If the car owner manages to convince the judges that his friend or relative was not drunk at the time of handing over the car, no penalties will be applied against him.

If for the owner the most severe punishment for handing over the steering wheel of an AC to a drunk is deprivation of his license, then in relation to a drunk violator the range of sanctions is somewhat wider:

• fine or deprivation of driver's license;
• administrative arrest if you do not have a driver's license at the time of the stop.

Note that the state of drug intoxication or the driver being under the influence of psychotropic drugs is equivalent in severity to driving drunk, so the punishments here will be identical.

If the third party does not have a license

The situation is equally ambiguous in the case when the steering wheel of a car is transferred to a person who does not have a driving license.

According to paragraph 2.07 of the traffic rules, only a person undergoing driving courses can drive a vehicle without a license. In all other situations, a person driving a car without a document confirming that he has the right to drive a vehicle of the appropriate category is an offender. And although such an interpretation does not seem ambiguous, it also has its own nuances.

Let's consider the most common cases of handing over the steering wheel to a person without a license:

1. Teaching a child to drive. For most parents, this is not only a practical question, but often one of prestige: they have no doubt that they will be able to teach their child driving skills no worse than a driving school inspector. Of course, they also see a purely mercantile interest in this approach: the cost of training today is considerable. Do they understand their level of responsibility? It is not at all obvious, considering that if a traffic police inspector catches them doing this, the car owner will have to fork out twice: one fine will be issued for illegally transferring the steering wheel, another sanction is provided for driving a vehicle by a minor, since in this case the financially responsible person is considered parent. So handing over the steering wheel to a minor son without a license is already a double offense. It is noteworthy that this provision of the law also applies to vehicles belonging to category M. This means that even if you give a teenager a scooter, he will not be able to ride it due to the lack of a license.
2. Transfer of a person to an adult who, having been stopped by a traffic police officer, was unable to demonstrate his rights. But here the situation is already ambiguous, since formally, unlike the previous case, the car owner may have “excuses”. In general, traffic police statistics testify to this more than convincingly: it turns out that more than 50% of vehicle owners who handed them over to a person without a license were absolutely convinced that there would be no problems with this. Indeed, it is quite possible to convince the car owner that the license was simply forgotten at home, or to lie that it is in perfect order. In the end. You can even demonstrate the crust without going into details such as expiration date or suitability for a completely different category of vehicle. So, when transferring the steering wheel of an AC to a person who does not have a legal driver’s license, you can always justify such a decision. True, it will be extremely difficult to prove your vision of the situation, even with an experienced lawyer.

Now let's talk about the actual punishment for such an offense. As in the case of handing over the steering wheel to a drunk, both the owner of the car and the person who drove the vehicle without a driver’s license will be subject to sanctions.

Given the specifics of the article, we will not dwell on the consequences for the driver, but will consider all the nuances relating to the owner of the car.

At the moment, the punishment for transferring control of a car to a person who did not have a driver’s license at the time of the stop (provided that this person was deprived of his driver’s license, in accordance with paragraph 3.0 of Article 12.07 of the Administrative Code) is provided in the form of a three thousand fine.

If the person driving the car did not have a driver's license with him, the owner of the car will get off with a lighter punishment (500 rubles, Article 12.03 of the same paragraph).

But options are not excluded when punishment for the car owner can be avoided. We have already mentioned one of them - if the owner of the car did not know about the absence of a driver’s license and can prove this fact.

The second case is if a third person was driving a car without the owner’s permission. From a legal point of view, this is theft, for which the offender can be put behind bars for 5 years. So if in reality there was no theft, framing your friend for theft in order to avoid a fine looks crazy. And such cases are indeed extremely rare.

If you don’t want to have troubles that will make your wallet thinner, be sure to check the availability of a license from the person you plan to entrust your car to. And not just availability, but also compliance with the category, and the possibility of delay.

If the third party is not included in the “motor citizen”

Having a “motor citizen” is a mandatory requirement for all vehicle owners. But it is not always possible to include in this document all the persons to whom you can entrust driving your car if current life circumstances require it.

Transferring the steering wheel to persons not included in the insurance by the owner of the car is allowed only in exceptional situations:

• if there is a person in the car in need of urgent medical care. Although legally this is also an offense, the traffic police officer will most likely treat such a situation with understanding, limiting himself to a verbal warning;
• the second acceptable option is the so-called “open” policy, which provides the right to drive a car to all persons without exception (if they have a license and a registration certificate). In this case, there will be no sanctions, regardless of the fact whether its owner will be present in the car or not. But if any of the listed documents are missing, the owner of the car can fork out 500 rubles.

If a third party drives a car that does not have a “motor vehicle registration” at all, the driver can be fined 800 rubles; if there is compulsory motor liability insurance, but the driver is not registered there – 500 rubles. If a car is driven by a person who does not have a license, it risks parting with a nominal amount of 3,000 rubles.

Let us note that for the owner who handed over the steering wheel of the car to a person not included in the insurance, no penalties are provided for by the current legislation.

Penalty for transferring the right to drive a car to a person who does not have a license

In this case, the driver’s experience and existing driving skills are simply not confirmed, and the inspector has the right to fine the violator.

1. The fine amount will be 30 thousand, which will double the fine.
2. the owner of the car, being an aggravating factor, will lead to the fact that the owner who handed over the steering wheel will be deprived of his license for 1.5-2 years. In this case, the car will be sent to the impound lot, which will lead to additional financial expenses.

Is handing over the steering wheel to someone who is not authorized to drive covered by insurance?

Let's find out more about this. This video will tell you why you shouldn’t give up the right to drive to a drunk driver: Separately, questions should be noted, especially situations when you fit into several drivers and take out “unlimited” insurance

In this case, you should trust, and even more so transfer the car for long-term use to one of the drivers with caution.

Who reviews and imposes punishment?

A few words should be said about the procedure for assigning punishment. The powers of the court include all elements of the Code of Administrative Offenses of the Russian Federation, which are subject to punishment in the form of arrest or deprivation of the right to drive. Therefore, the protocol drawn up by the traffic police inspector will be considered:

• by the court - under Part 2 of Art. 12.8 of the Code of Administrative Offenses of the Russian Federation (handing over the steering wheel to a drunk driver);
• by an official of the Ministry of Internal Affairs - under Part 3 of Art. 12.7 Code of Administrative Offenses of the Russian Federation and Part 3 of Art. 12.3 Code of Administrative Offenses of the Russian Federation.

In both cases, a decision is made, which must be sent to the guilty person. In addition to protection at the stage of consideration of the case, the decision can be appealed in the order of subordination (i.e. through the Ministry of Internal Affairs), or to a higher court.

Who is required to pay - the driver or the owner?

The owner or other legal owner will be punished for transferring management rights to a person without rights. The direct driver will be responsible for driving without a license and for other traffic violations. Therefore, protocols and decisions regarding the driver and the owner are drawn up separately.

How to appeal a punishment, terms of appeal, sample complaint

A decision to impose a fine or deprivation of rights can be appealed within 10 days. This period is calculated from the moment of receipt of a copy of the decision. If on the date of receipt of the document the period has formally expired, it is better to attach to the complaint a petition to restore the time to appeal. A sample complaint in an administrative case can be found in the appendix to this article.

Content

• What is a power of attorney, what rights does it give and for what period is it issued?
• Do you need a power of attorney to drive a car in 2021?
• Why do you need to issue a power of attorney for a car?
• Validity period of a power of attorney for a car
• Sample of filling out a power of attorney

Do I need to have a power of attorney to drive a car in 2021? What are the risks when driving a car by proxy? What are the dangers of transferring your car to another person? We will tell you all about this in the material.