If the technical inspection is over and the insurance is still valid: what to do in such a situation

What are the changes in the punishment for TO 2021?

The corresponding change is introduced by Federal Law No. 219-FZ of July 26, 2019. In particular, they are introducing a new fine for technical inspection not only for drivers, but also for operators of service stations, as well as their disqualification for violations in this area, in particular for the sale of diagnostic cards.

Before the changes, there were 2 main sanctions for not having a card:

fines for failure to pass a technical inspection were issued only to drivers of taxis, trucks, buses,
the presence of a diagnostic card was a condition for purchasing an MTPL policy.

Now, a new financial penalty is being introduced for all drivers, including ordinary cars, for driving without a completed MOT, and a separate sanction for taxi, truck and bus drivers is no longer in force.

Deadlines and requirements for undergoing maintenance in 2021

The rules of law that regulate the procedure for undergoing maintenance are prescribed in the Code of Administrative Offenses of the Russian Federation. The first three years of operation of passenger cars weighing up to 3.5 tons, as well as semi-trailers and trailers do not require technical inspection. Transport aged 3–7 years should be diagnosed at least once every 2 years. After 7 years of operation, it is necessary to undergo a scheduled annual inspection.

If we are talking about passenger buses, minibuses and cars weighing more than 3.5 tons, then they need to be inspected more often - once every six months. These criteria are a guideline for the vehicle owner, but this is not an obligation to follow them. The technical inspection should be approached individually and based on the operating conditions of the car.

Technical inspection

The new fine is effective from January 1, 2021 - is this true?

No it is not true. Despite the fact that you may have seen or heard in many news reports that the new penalty in Russia for failing to pass a technical inspection has been in effect since January 1, 2021, this information does not correspond to the truth.

Chapter 12 of the Code of Administrative Offenses of the Russian Federation is responsible for all traffic violations. And you will not find a fine in its current version, except for the lack of technical inspection only for the category of vehicles listed above, you will not find.

How to punish for lack of technical inspection

Vehicle owners should understand that fines are not the only punishment for not having a diagnostic card. If the car owner does not pass a technical inspection at an accredited service station, then he will not receive OSAGO and CASCO policies.

IMPORTANT!

Driving a vehicle without a valid auto liability insurance policy is prohibited in Russia. The violator will face double administrative penalties - a fine for the lack of compulsory motor liability insurance and a technical inspection according to the Code of Administrative Offenses of the Russian Federation.

How many?

The new fine for failure to pass a technical inspection will be 2,000 rubles.

A corresponding change is being introduced to Article 12.5 of the Administrative Code, which contains a list of sanctions for vehicle malfunctions. In particular, it is supplemented by a new part 11, which, after entering into force, will literally look like this:

11. Driving a vehicle for which a diagnostic card has not been issued in accordance with the established procedure, confirming the vehicle’s admission to participation in road traffic, shall entail the imposition of an administrative fine in the amount of two thousand rubles.

At the same time, Part 2 of Article 12.1, which previously provided for a fine of 500-800 rubles for driving without a technical inspection for drivers of taxis, trucks and buses, is excluded.
Comparison of changes in the fine for technical inspection

Old fine	New fine
500-800 rubles - issued under Part 2 of Article 12.1 of the Code of Administrative Offenses for the absence of a diagnostic card only for the driver of a taxi, truck or bus with more than 8 seats.	2,000 rubles - will be issued to all drivers, including ordinary cars, for failure to undergo technical inspection and lack of a diagnostic card.
Official interpretation: 2. Driving a passenger taxi, bus or truck designed and equipped for the transport of people, with more than eight seats (excluding the driver's seat), a specialized vehicle designed and equipped for the transport of dangerous goods that are not have passed a state technical inspection or technical inspection, entails the imposition of an administrative fine in the amount of five hundred to eight hundred rubles.	Official interpretation: 11. Driving a vehicle for which a diagnostic card has not been issued in accordance with the established procedure, confirming the vehicle’s admission to participation in road traffic, entails an administrative fine in the amount of two thousand rubles.

As a result

Owners of private vehicles who do not transport people or dangerous goods do not need to take a diagnostic inspection card with them. As well as presenting it to traffic police inspectors. But it is still necessary to undergo maintenance in order to obtain or renew MTPL insurance and in order to protect yourself from significant financial losses if you get into a road accident.

Owners of passenger cars and cargo taxis (including minibuses), buses and special vehicles transporting dangerous goods are still required to undergo regular maintenance. Otherwise, they will be punished for lack of technical inspection in the form of a fine in the amount of 500 to 800 rubles. And the fine for this administrative offense will be paid by the driver, and not by the company that actually owns the vehicle. That is, a driver with an overdue maintenance will have to fork out of pocket.

When does it take effect?

Federal Law No. 219, introducing a new fine if there is no technical inspection of the car, was developed on July 26, 2021. But this does not mean that it immediately comes into force.

Federal laws amending them take effect by default after 10 days, unless the law itself specifies a different period. In our case, this different period is indicated - exactly one year from the date of official publication.

Official publication took place on July 31, 2021 on the Rossiyskaya Gazeta website.

Thus, a new fine of 2,000 rubles should have come into force on August 1, 2021. But in July, something happened - due to the coronavirus pandemic, this deadline was postponed. The new start date for the fine was set from March 1, 2021, in accordance with Federal Law No. 98-FZ dated April 1, 2020. But then the entry date was postponed again, and now the fine will appear from March 1, 2022. This is stated in Article 13 of Federal Law No. 98.

How will they be punished?

Everything is very simple! A sanction can be issued either by a traffic police inspector on the road in the absence of a diagnostic card, or on an auto-fixation camera when a technical basis for this appears.

But please note that clause 2.1.1 of the traffic rules contains an exhaustive list of documents that must be submitted to a traffic police officer for verification. And there is no diagnostic card here. Therefore, the driver has no obligation to carry a diagnostic card with him, and a new fine will be issued not for its absence, but for the absence of a completed technical inspection.

That is, the traffic police inspector will check the database for the presence of maintenance, and only then will he issue a fine.

How many times can you be discharged per day?

No more than once. The new law introducing a fine also adds a note to Part 12.5 of the Code of Administrative Offences, according to which drivers cannot be fined again within 24 hours after the first decision is issued.

Note. A person who has committed an administrative offense provided for in Part 11 of this article shall not be held administratively liable for the second and subsequent cases of detection of such an administrative offense within twenty-four hours from the moment of the first detection of such an administrative offense.

For example, if you were fined for the first time at 12:00 on May 27, 2021, then they will not be able to issue a second fine until 12:00 the next day, and at 12:00:01 onwards they are already entitled to do so.

Meanwhile, repetition of this violation will not provide for a more severe sanction, as, for example, there is one for repeated speeding.

But in the traffic rules there is no obligation to undergo maintenance!

Many motorists are indignant - a new fine for failing to pass a technical inspection has been introduced, but there are no corresponding changes in the traffic rules. However, the Rules are not the only legal act that drivers must follow. In order to comply with the new rules of control and technical inspection, updates have been introduced to Federal Law No. 170, which provide for mandatory maintenance every period of time.

Something else useful for you:

New traffic police fines from November 1 and 20, 2021 - truth or myth?
What are the fines for driving without paying on a toll road? New law on non-payment of toll sections
New traffic police fines and changes to traffic rules from March 1 and 20 - true or false?

The essence of the technical inspection

Fine for lack of insurance 2021 OSAGO

During diagnostics, technical conditions (TS) in the form of a certain standard are taken as a basis. The following machine parts are inspected:

brake system elements;
engine;
car steering part;
windshield wiper, windshield washer;
signaling.

The fine for failure to pass a technical inspection may differ in different localities and is calculated individually. In addition, drivers of category “B” vehicles are completely exempt from liability for failure to undergo scheduled maintenance. Drivers of buses, trucks, passenger taxis and drivers of vehicles transporting high-risk cargo (gasoline, chemicals, etc.) must have a diagnostic card with them.

Diagnostic card

If the violator forgot the diagnostic card at home, the fine will be 500 rubles*; for the absence of the requested document or a delay of more than six months, you will have to pay a fine of 800 rubles.* The driver’s license or vehicle may also be confiscated and delivered to the impound lot until the identified violations are eliminated. This is especially true for drivers who have violated more than one paragraph of the law.

Important! Repeated violation is fraught with more serious penalties. A fine for driving without a technical inspection will entail costs in the amount of 5 thousand rubles.* In some cases, they will also be deprived of their license for 4 months.

Cars with transit license plates and cars registered to a company are fined according to the fact. The penalty does not apply to the person to whom the transport is registered, but directly to the person sitting behind the wheel, since it is he who is responsible for road safety involving the transport he is driving.

Who conducts inspections for car owners?

Private companies have the right to conduct technical diagnostics of a vehicle. These are companies that own the necessary technology and equipment to assess the condition of the car. You can undergo maintenance without being tied to a specific locality in a place convenient for the person. A specialist who carries out a full range of diagnostic work must have the appropriate qualifications and set of skills, which is confirmed by accreditation.

Passing a technical inspection

During maintenance, the motorist gives the professional not only the car, but also a set of documents for it, as well as a kit that includes a first aid kit, a stop triangle due to an accident, and a fire extinguisher. Based on the results of the procedure, a diagnostic card is issued with notes on the actual technical condition of the vehicle in use.