The circumstances under which drivers decide to drive a vehicle without a driver’s license are quite varied. The most harmless reason is simple forgetfulness - it’s easy to forget a document at home, at work or while visiting.
But driving a vehicle without a license, being deprived of them, and even while intoxicated, is already a very serious offense.
In this article we will look at various options in which the driver may not have a driver’s license with him, and we will talk about the penalties for using a car without a driving license in each specific case.
Rights were forgotten at home
If the driver’s license was left at home due to inattention or with any intent, but they are valid and not expired, then the driver, when stopped by a traffic police inspector, faces only a fine of 500 rubles, or even a simple verbal warning (Part 2 of Article 12.3 Code of Administrative Offenses of the Russian Federation). A similar punishment under Article 12.3 of the Code of Administrative Offenses of the Russian Federation is imposed for the driver’s lack of other important documents - an MTPL insurance policy, a waybill, shipping and customs documents, as well as other registration documents.
A license forgotten at home is the most harmless option for driving without a driver's license. In order not to receive a new fine of 500 rubles at the next traffic police post, you must immediately upon discovering that you do not have a license, ask one of your friends to bring you documents or drive the vehicle to the garage (if your friends have a license).
Transferring control of a car to a person without a license
Transferring driving rights to another person who does not have a driver’s license with him is punished more severely than if the owner of the vehicle does not have a license. In accordance with paragraph 3 of Art. 12.3 of the Code of Administrative Offenses of the Russian Federation, such a driver will have to pay a fine of 3,000 rubles.
The specified punishment will follow only if the owner of the car has a driver's license and other registration documents. If not only the driver of the car, but also its owner does not have a license, then the vehicle may be taken to a impound lot, and the driver and owner of the vehicle may be removed from driving.
If control of the car was transferred to a person who obviously does not have a driver’s license (or has been deprived of it), then the driver will have to pay a more substantial fine in the amount of 30,000 rubles (Part 3 of Article 12.7 of the Code of Administrative Offenses of the Russian Federation).
No license for a drunk driver
A more serious violation is the transfer of a vehicle to a person under the influence of alcohol. Drunk driving is one of the leading causes of fatal road accidents. Therefore, the Code of Administrative Offenses provides for more severe penalties for this offense.
Attention! When handing over the steering wheel to a person under the influence of alcohol, the owner of the vehicle faces a fine, even if the person driving has a valid driving license. Drunk driving in itself is a serious violation, and the lack of a license increases the guilt for what you have done.
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.
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.
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.
Judicial practice under Article 12.7 of the Code of Administrative Offenses of the Russian Federation:
Decision of the Supreme Court: Decision N AKPI16-140 dated 04/06/2016 Judicial Collegium for Civil Cases, first instance
Decision of the Supreme Court: Determination No. APL16-216 dated 07/07/2016 Board of Appeal, appeal
Supreme Court decision: Resolution N 44-AD16-29 of November 16, 2016 Judicial Collegium for Administrative Cases, supervision
Supreme Court decision: Resolution No. 13-AD15-1 of 02/13/2015 Judicial Collegium for Administrative Cases, supervision
Supreme Court decision: Resolution No. 9-AD16-12 of 09/02/2016 Judicial Collegium for Administrative Cases, supervision
Supreme Court decision: Resolution No. 24-AD15-1 of March 18, 2015 Judicial Collegium for Administrative Cases, supervision
Decision of the Supreme Court: Resolution No. 67-AD15-6 of October 16, 2015 Judicial Collegium for Administrative Cases, supervision
Supreme Court decision: Resolution No. 18-AD09-1 of 04/03/2009 Judicial Collegium for Administrative Cases, supervision
Decision of the Supreme Court: Determination N 33-AD14-5 dated 10.10.2014 Judicial Collegium for Administrative Cases, supervision
Supreme Court decision: Resolution No. 83-AD16-5 of July 25, 2016 Judicial Collegium for Administrative Cases, supervision
- First
- «
- Last
Comments ()
Write a comment
No required category of rights
Following the introduction of a number of new driving license subcategories in 2013, there has been some confusion among car owners as to which ones are used in each particular case.
The question is important, considering that driving a vehicle for which there is no open category of rights is equivalent to their complete absence, for which an administrative fine of 5,000-15,000 rubles is imposed.
The introduction of new subcategories made it possible to avoid the arbitrary interpretation of some provisions of the Traffic Rules, but did not make life easier for drivers. For example, you cannot drive a car with a trailer if you only have category B; you need a corresponding subcategory. Categories appeared that allowed you to drive a tram (Tm) and a trolleybus (Tb), and the category that allowed you to drive trucks (E) was completely divided into several new ones (BE, CE, DE).
Drunk driving
Based on Part 3 of Art. 12.8 of the Code of Administrative Offenses of the Russian Federation, driving a car while drunk without a driving license, if the driver has never received one or has been deprived of a driver’s license for traffic violations, is punishable in one of the following ways:
- administrative arrest from 10 to 15 days;
- a fine of 30,000 rubles for those drivers for whom arrest is not applicable.
The drunk driver's car will be sent to a parking lot. These penalties are applied only if the driver’s actions did not have a criminal component (no harm was caused to the health of other people). If the driver refuses to undergo a medical examination for alcohol intoxication, he will still have to pay a fine of 30,000 rubles for driving while intoxicated.
The worst case scenario is that the driver has already had his driver's license revoked for driving while intoxicated. In this case, the driver is subject to punishment in the form of forced labor, a fine in the amount of 200,000 - 300,000 rubles or imprisonment for up to 2 years.
Driving after revocation of license
Punishment for driving a car by a driver deprived of his license is provided for in Part 2 of Article 12.7 of the Code of Administrative Offenses:
2. Driving a vehicle by a driver deprived of the right to drive vehicles -
shall entail the imposition of an administrative fine in the amount of thirty thousand rubles, or administrative arrest for a term of up to fifteen days, or compulsory labor for a period of one hundred to two hundred hours.
So, the driver may be subject to one of the following penalties:
- a fine of 30,000 rubles . - administrative arrest for up to 15 days. Administrative arrest can only be imposed by a judge. — compulsory work for a period of 100 to 200 hours. Compulsory work can also only be imposed by judges.
I would like to note that after stopping the vehicle of a driver who has been deprived of his license, the vehicle is also detained and moved to the impound lot. The driver will be able to pick up his car on his own only after the period of deprivation of license has expired. In the described situation, I recommend using the help of a friend or a hired driver to return the vehicle.
Temporary restriction of driving license
If the amount of a driver’s fines for violating the Traffic Rules exceeds 10,000 rubles, a special measure of liability may be applied to him - a temporary restriction of the validity of his driver’s license.
This punishment does not imply the withdrawal of rights, but it will still be impossible to use them until the debts on administrative fines are fully repaid.
If during the period when the license is temporarily limited, the driver is caught by a traffic police inspector driving a vehicle, then one of two penalties will be applied to him - deprivation of a driver’s license for 1 year or compulsory work for up to 50 hours.
— Vehicles are a source of increased danger, and driving them is allowed only if a person has the right to drive the appropriate type of vehicle. What are the responsibilities for driving vehicles without a driving license?
— The legislation of the Republic of Belarus provides for administrative liability for driving a vehicle by a person who does not have the right to drive (Article 18.19 of the Code of Administrative Offenses of the Republic of Belarus).
Under this article, administrative liability will also arise for transferring control of a vehicle to a person who does not have the right to drive. — In what cases will the court consider cases of administrative offenses for driving a vehicle by a person who does not have the right to drive?
— The courts have jurisdiction only over administrative offenses provided for in Part 2 of Article 18.19 of the Code of Administrative Offenses of the Republic of Belarus, i.e. for driving a vehicle by a person who does not have the right to drive this vehicle, as well as for transferring control of a vehicle to a person who does not have the right to drive it, committed repeatedly within one year after the imposition of an administrative penalty for the same violations. This is the first time that traffic police are considering someone for committing an offense.
— What penalties do offenders face?
— For committing an administrative offense for the first time, a penalty is provided in the form of a fine in the amount of five to twenty basic units, for committing an administrative offense repeatedly - a fine in the amount of twenty to fifty basic units or administrative arrest for up to fifteen days.
If two or more administrative offenses are committed, administrative arrest may be imposed for up to twenty-five days. – Was there always a penalty in the form of administrative arrest for repeated driving of a vehicle by a person who does not have the right to drive?
– No, the sanction of Part 2 of Article 18.19 of the Code of Administrative Offenses of the Republic of Belarus with a penalty in the form of administrative arrest was supplemented on the basis of the Law of the Republic of Belarus dated January 08, 2021 No. 95-Z “On Amendments and Additions to the Code of the Republic of Belarus on Administrative Offenses and Procedural Executive Code of the Republic of Belarus on Administrative Offenses,” which came into force on January 31, 2018.
It was from this time that those without rights, caught behind the wheel again within a year, began to be subject to administrative penalties in the form of administrative arrest. – So, after all, what are the chances of a person without rights to get a “day”?
– I would like to assure that in each case the court comprehensively, fully and objectively examines all the circumstances of the case and personal information and, if the offender is guilty, will impose a fair, legal and reasonable penalty. According to statistics, administrative arrest, as a type of penalty for the offenses discussed, was imposed in 2021 on 20 persons, in 2021 on 35 persons, and in the current period of 2020 on 40 persons. In conclusion, I would like to wish all Grodno residents to comply with the current legislation and prevent the commission of administrative offenses, take care of themselves and their loved ones.
grodnonews.by
