What is the penalty for driving without mudguards?
New cars designed according to GOST, in principle, do not need rear mudguards. If you are stopped by a traffic police inspector, you need to explain to him that the wheel axle is at the same level as the lower edge of the car body, which means that cars behind are protected from “splashing.”
If the car has a different design and does not have mudguards, its owner may be fined. Today it is 500 rubles. There is also an alternative - a simple verbal warning. This is stated in Part 1 of Art. 12.5 Code of Administrative Offenses of the Russian Federation.
And clause 7.5 of the Russian Federation Traffic Regulations classifies the absence of mudguards as a malfunction that prohibits further operation of the vehicle. Therefore, the driver needs to park the car and go to the nearest car store to buy mud flaps, or proceed to the parking or repair site with the hazard lights on (according to clause 2.3.1 of the traffic rules).
According to the maintenance regulations, mudguards must be installed on the machine behind the drive axle. Which axle is the drive axle can be found in the auto parts catalogue. In addition, the mud flaps must match the width of the wheels and not have significant damage.
What types of fines are established for the absence of mudguards?
Russian legislation has a separate fine applied by traffic police officers to car owners who drive without mudguards. Its magnitude is relatively small, but the very fact of receiving it and the material costs still entail an unpleasant aftertaste.
Today there is only one type of fine:
- The absence of mudguards on the rear part of the car wing is a fine of 500 rubles.
Further in the article we will talk in detail about this fine, how it can be avoided and about the main provisions of the Code of Administrative Offenses in this regard.
Front and rear mudguards
The functionality of the rear and front mudguards is somewhat different.
- The front ones are designed to protect the lower part of the car body from small or large abrasive particles and moisture, which in winter leads to the formation of ice on the sills and arches. Thus, mud flaps protect the paintwork from chipping, subsequent corrosion and premature body repairs. They are installed optionally and may not be available on new machines.
- Rear mud flaps are usually factory installed, or the vehicle's bumper is specially designed to perform the same function. They are designed to protect other road users from dust, dirt, stones and water that fly out from under the wheels of the car in front and impair visibility.
A fine can only be received for the absence of rear mudguards, since the front ones do not affect traffic safety.
What are mud flaps and what are they for?
A peculiarity of car operation is that when driving, the raised treads on the wheels catch gravel, fragments of damaged coating, and dirt. If the car does not have special protection, all these small objects and splashes fly out from under the rotating wheel and can damage or stain the car moving behind it. Therefore, the answer to the question whether it is possible to drive without rear mudguards is obvious.
This element, which protects cars and pedestrians from dirt and stones, is also called a mudguard. The part looks like a rubber or plastic plate fixed above the vehicle wheel. The mudguard stops the emission of small particles of road surface captured by the wheels. Consequently, it guarantees the cleanliness and integrity of cars following behind and pedestrians on the sidewalk.
If a large vehicle with paired rear wheels is moving in front of a passenger car on the road, it is advisable to keep a distance. Since even the presence of mud flaps does not always guarantee salvation from large stones that have fallen into the space between the wheels of a truck.
The design of most car models provides for the presence of mud flaps. Their role in such vehicles is played by the rear fender or other protective accessory. We will consider further what fine for mud flaps in 2021 will be imposed by a traffic police officer on a car owner who does not have this element of the car.
Getting a fine in practice
Cases when traffic police inspectors fine a driver for lack of mud flaps are extremely rare in real life. There must be a good reason for this, for example, a conflict with the driver and a desire to find fault with something. In other cases, employees do not want to deal with small fines and waste time issuing a protocol. Therefore, many car owners have no idea that the lack of mud flaps is an offense that entails penalties.
Another option is possible, which is not prescribed in the law, but takes place in practice. The traffic police inspector draws up a protocol and, as a measure of punishment, prescribes a warning. It can also be made orally.
Legal standards
Traffic police officers issue a fine for the absence of mudguards, guided by the first part of Article 25 of the Code of Administrative Offenses. It, in particular, states that if the car has defects and they can negatively affect traffic safety, then a warning can be issued or an administrative fine can be imposed. In this case, the malfunction must be eliminated as quickly as possible. Otherwise, you will have to pay fines for the same mud flaps with enviable regularity. Practice shows that there were such precedents. In the Rules of the Road, or more precisely in regulatory documents, there is a “List of faults and conditions under which the operation of vehicles is prohibited.” Verification methods are regulated by the Decree of the State Standard of Russia dated February 1, 2001 and are suitable for GOST R 51709-2001. In this list there is item “7. Other structural elements." It concerns the location and number of rear-view mirrors, the operation of the sound signal, and additional coverings that limit the driver’s visibility. Subclause 7.5 directly indicates a technical malfunction: “The rear protective device, mudguards and mudguards provided for by the design are missing.” Several government decrees have practically approved these norms, but a legal issue arises. What kind of fine can be issued for the fact that the design of the car simply did not include mudguards? After all, some cars have simply been discontinued and therefore it is possible to build a line of defense. In addition, this factor should be taken into account. You need to pay attention to the official paper that the traffic inspector is required to issue.
Resolution or protocol
Most often, when the absence of rear mudguards is discovered, a decree is issued. There will be a link to the first part of Article 12.2 of the Code of Administrative Offences, related to driving vehicles when there are faults. Moreover, there is a corresponding list and GOST. By the way, the article itself provides for “administrative liability in the form of a warning or a fine of one hundred rubles.” At the same time, the car owner must clearly understand that the issued order cannot be challenged and the fine will have to be paid and, best of all, within the specified time frame. The opportunity to appeal the punishment will only appear after the protocol has been drawn up. Very often, traffic police officers are reluctant to do this. The point is that the fault must be indicated there. After all, you can get a warning for splashing, not a fine. Therefore, it is worth recalling Article 28.6 of the Administrative Code if problems arise with the protocol. On the issued resolution, it is best to write about your disagreement with the refusal to issue the protocol and sign it. Perhaps after this the traffic inspector will change his mind. In addition, the fact that there is no mudguard is not in dispute and this malfunction will have to be eliminated somehow.
Technical inspection and insurance policy
Not everyone still knows that since 2015, you can pay a substantial fine for driving certain categories of cars without a technical inspection. Its amount increases two to four times compared to what it was before and now instead of 200 rubles they can write out from 500 to 800 rubles. To a greater extent, this applies to cars of category C, as well as taxis, buses, and trucks for transporting people, which are required to undergo technical inspection every year. But this does not affect category B cars, motor vehicles, trailers and semi-trailers whose age does not exceed three years. Just don’t forget that you won’t be issued an MTPL policy without a technical inspection. Consequently, another offense arises, since compulsory insurance is necessary and only fines will not do. After receiving MTPL insurance, the validity period of the technical inspection will vary depending on the type of vehicle and can be three, five or seven years after the year of manufacture. Upon passing the technical inspection, a diagnostic card will be issued, where all faults will be recorded. They must be eliminated within twenty days. This is another reason to resolve the issue with mud flaps and install them in a car repair shop. Whether you are fined for the lack of mudguards or given a warning, in any case you need to know that it is best to immediately solve the problem that has arisen. Otherwise, you will have to pay 100 rubles all the time. Moreover, in reality, a situation often arises on the road when flying dirt and stones hit the windshield of a car following behind and an emergency situation occurs. It should not be prevented.
What to do if an inspector issues a fine?
If the inspector nevertheless decides to issue a fine due to the lack of mudguards, and the driver of the stopped vehicle fundamentally disagrees with this penalty, he should express his disagreement and demand that a report be drawn up.
At this stage, the employee can limit himself to a warning, not wanting to draw up a report due to a minor violation. Otherwise, the protocol drawn up by the inspector may later be appealed in court, and the punishment reduced to a warning about the need to eliminate the malfunction.
My history
Here's my penalty from the summer:
At that time, I had not yet had time to install mudguards, but I had to leave. And then the young inspectors stopped me. At first, one of them simply checked the documents, but only then noticed the violation in question. At first I wanted to issue a fine of 500 rubles. But I was in no hurry that day, and I didn’t want to pay. I told him to draw up a report, because I did not agree with the fine and was going to appeal the whole matter. He began to find fault with the numbers (and they were actually a little worn out at the back, but they were still legible (and I went through the MOT and had a diagnostic card in my hands). He even threatened with a tow truck and impound lot.
Naturally, I told him to call whoever he wanted. Strange, but in the end there was no impound lot.
Most likely, these two were simply too lazy to write a protocol, and I eventually left with a resolution in which I was given a warning (highlighted in green).
Is it necessary to install mud flaps on a new car to avoid a fine?
In fact, many cars are sold under-equipped. By law, mud flaps must be present on every car. In practice, in car dealerships they are often offered as an additional option, for which you need to pay separately.
But purchasing and installing mud flaps is the only option to avoid a fine or wasting time on explanations with traffic police officers. Mud flaps can be universal (budget ones, suitable for almost any car) and individual (more expensive branded kits designed for a specific model). Branded mud flaps allow you not to spoil the appearance of the car, and universal ones are suitable for those who prioritize functionality over beauty.
How to avoid a fine?
Of course, few people want to face such problems on the roads. The only thing that can be advised to motorists is to pay due attention to the vehicle. You need to check the presence of mudguards and, if necessary, change them yourself and in a timely manner. It is also worth paying attention to other small elements, problems with which may result in a fine. Windshield wipers, lights and other parts that may seem unimportant should be constantly monitored. Then there will be no problems.
Complain
There are no mudguards on the car, what fine will I have to pay?
Article 12.5 of the Code of Administrative Offenses of the Russian Federation, Part 1 states that an employee of the traffic police department of the State Traffic Safety Inspectorate is obliged to issue a fine to the administrator. an offense for not having mud flaps on the motorist's car.
Moreover, this article is a reference to the list of provisions for admission to the start of operation of motor vehicles, on the basis of which a traffic police officer decides whether the car is ready to drive. Mud flaps are an integral element that must be present in the vehicle along with the headlights.
Therefore, if your vehicle does not have them, then the inspector has the right to point out this point to you and apply a fine to you.
As of 2021, the fine for this administrative offense is 500 rubles. In addition, the law of the Russian Federation does not indicate that if the mudguard breaks off or is damaged, then the car owner can follow to the place where this minor breakdown is repaired.
If the mudguard on your car is suddenly damaged, then you must purchase new ones yourself and attach them (you can call a special technician for this purpose) and only then drive on. Moreover, for such an offense a warning is not issued, but a fine is issued immediately.
Grounds for imposing a fine
According to the Code of Administrative Offenses, an employee of the State Traffic Inspectorate can issue a fine to the driver for the absence of mud flaps on a car in 2021 on only two grounds:
- Visual non-compliance of the part with the established GOST (the pad is too narrow, short, or there are holes on it that appeared as a result of wear);
- Virtual absence of mudguard.
At the same time, the driver will not be able to appeal the traffic police decision, citing the fact that the part fell off when the car was last used. After all, the Code of Administrative Offenses strictly prohibits driving a car without mudguards. If they break down, the car owner must replace them on the spot: independently or by calling a specialist.
Standards of technical serviceability
In accordance with paragraph 7.5 of the application for the vehicle's approval for use, it states: operating a vehicle without installed mudguards and aprons on the rear wheels is prohibited.
Mud flaps are plastic or rubber plates that are attached directly above the wheels and protect vehicles behind from dirt flying from under the wheels.
The presence or absence of a mudguard does not in any way affect the driving properties of the vehicle, but can become one of the causes of an accident. This is explained by the fact that fine sand and rainwater from the ground, as well as pebbles with bolts or gravel, can fly into the windshield of vehicles behind. That is why the design of the car must provide protective elements.
Amount of fine for lack of a dirt-proof apron
Expert opinion
Sokolov Sergey Igorevich
Legal consultant with 6 years of experience. Specialization: family law. Extensive experience in defense in court.
Answering positively to the question whether they can be fined for the lack of mudguards, it should be noted that a milder penalty is also provided - a warning. What punishment to apply depends on the traffic police inspector.
Even if the car is sent to a service station to install mudguards, but a fine cannot be avoided, the monetary penalty is 500 rubles.
If you make payment within the first 20 days from the date of writing the protocol, you can save half the amount. Many car owners have long experienced the benefits of paying traffic police fines via the Internet, which significantly saves time.
The deadline for paying a fine online does not differ from the period for depositing the amount through the cash desk of a banking institution, post office or terminal. The advantage of paying fines via the Internet is that there is no need to leave your home, office, or car to complete the actions.
Often, regular customers of many large banks are interested in additional service packages, for example, whether it is possible to pay a traffic fine through Sberbank Online. Such a service is available on the portal of this universal commercial bank of Russia, and anyone can use it after first registering.
You can also find out more about the fine on the website.
