The fact of passing a technical inspection since January 2012 is confirmed not by a coupon (as was previously the case), but by a so-called diagnostic card. The card contains information about the vehicle’s compliance or non-compliance with mandatory safety requirements.
If the car meets these requirements, it is allowed to participate in road traffic. The document must also indicate the validity period of the diagnostic card, so it is quite difficult to skip the next technical inspection.
What is the risk for a driver driving without a technical inspection, then what is the responsibility for the lack of a diagnostic card in principle? What happens if this card was simply forgotten at home or at work? Is there liability for an overdue inspection? Let's talk about all this in order.
Technical inspection in the context of modern legislation
The issues of passing a technical inspection of vehicles today are covered by Federal Law No. 170-FZ “On the technical inspection of vehicles and on amendments to certain legislative acts of the Russian Federation” dated July 1, 2011. In particular, this law establishes the procedure and deadlines for passing technical inspection for vehicles of different categories.
More often than others, owners of vehicles that transport dangerous goods or other people (passengers) should conduct a technical inspection. Every 6 months you are required to update your diagnostic card:
- passenger taxis and buses;
- trucks equipped for the purpose of transporting passengers with at least 8 seats (in addition to the driver's seat);
- special purpose vehicles that transport dangerous goods.
For ordinary cars and trucks weighing less than 3.5 tons, as well as for motorcycles, trailers, semi-trailers, the inspection frequency is as follows:
- the first 3 years after the vehicle is released - no technical inspection is required;
- Vehicles manufactured from 3 to 7 years ago - maintenance is carried out every 2 years (24 months);
- Vehicles manufactured more than 7 years ago - maintenance is carried out every year (12 months).
Cars equipped with special sound and light signals, as well as cars intended for driving training, are also required to undergo a technical inspection every year.
Fine for lack of technical inspection
Starting from January 1, 2012, the fine for missing or late technical inspection has been canceled for all personal vehicles. However, drivers of the following categories of vehicles still face a fine for driving without a maintenance service:
- buses;
- passenger taxis and cargo taxis (trucks designed to transport passengers and equipped with at least 8 seats in addition to the driver's seat);
- vehicles (usually trucks) designed to transport dangerous goods.
That is, only those vehicles whose activities are related to the transportation of people and dangerous goods are still required to undergo a timely inspection (the frequency of inspection for them is every six months). In accordance with Part 2 of Article 12.1 of the Code of Administrative Offenses of the Russian Federation, liability for an expired diagnostic card for them is an administrative fine in the amount of 500 to 800 rubles.
It is clear why penalties for overdue technical inspection have been reserved for this particular vehicle. Due to their specific nature, they have much more responsibility for proper technical condition. Otherwise, a lot of people could get hurt.
New fines for lack of insurance in 2018
Representatives of the Russian Union of Auto Insurers (RUA) announced that on October 12, 2021, video recording of cars that violate the rules by driving on the roads without insurance will begin. The first tests will be carried out on vehicles moving around the territory of the capital of the Russian Federation. The second site where testing of the new system will take place is Tatarstan.
If the pilot project works fully, it is planned to introduce this technology throughout the country. The violating citizen will pay a certain amount, which is fixed in the second part of Article 12.37 of the Code of Administrative Offenses. In 2021, this amount is 800 rubles, and if the fine is paid in the first 20 days after the violation is recorded, the vehicle owner can save significant money by paying only half the amount.
Currently, only representatives of the traffic police can issue a fine for drivers who travel on the roads of the Russian Federation without an insurance policy. To record a violation automatically, the cameras will take a photo of the vehicle and then transmit information about it at night.
Many citizens who are planning to purchase a vehicle are interested in the question: will fines be recorded if insurance is temporarily not issued? Evgeny Ufimtsev, director of the Russian Union of Insurers, says that before sending a fine to the owner, the fact of violation will be analyzed by representatives of the traffic police.
Why do owners of personal cars need maintenance now?
Owners of private cars and trucks that are not yet 3 years old do not need a technical inspection at all. It is believed that cars are in excellent technical condition for 3 years after leaving the factory. But why should drivers undergo MOT if their car is already more than 3 years old? The answer is simple. Since the beginning of 2012, it has been impossible to obtain an MTPL insurance policy without a diagnostic card.
This procedure for obtaining compulsory motor liability insurance is quite justified, since insurance companies are interested in issuing their insurance to owners of cars in good, normal technical condition. Otherwise, the number of insured events, and therefore insurance compensation payments, would increase significantly.
It is currently not allowed to use a car without MTPL insurance. This entails liability under Part 2 of Article 12.3 of the Code of Administrative Offenses of the Russian Federation - an oral warning or an administrative fine in the amount of 500 rubles.
It turns out that it won’t be possible to do without a technical inspection. If the driver is not ready to drive without an MTPL policy and pay a fine of 500 rubles each time he is stopped by a traffic police inspector.
But even if the vehicle owner managed to somehow purchase an MTPL insurance policy without issuing a diagnostic card, then if he gets into an accident caused by the poor technical condition of his car, he will have to pay for the damage from his own pocket.
Insurance will, of course, be paid to the injured road user, but after this the insurance company will definitely present the culprit of the traffic accident with no maintenance a claim for recourse payment of expenses. That is, he will try to compensate for his losses at the expense of this driver.
You should not buy a diagnostic card from dubious companies. All information about technical inspections is stored in a single automated database (in the EAISTO information system). When purchasing a card without actually undergoing maintenance, the information will, of course, not be entered into this database.
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.
Fine for lack of MTPL insurance and vehicle inspection
Checking the availability of a compulsory MTPL policy can be carried out at any time from the start of the car trip.
A traffic police officer has the right to stop a moving vehicle and, after introducing himself, politely ask the driver for documents. The driver's refusal will have negative consequences.
After looking at the license, the inspector must make sure that you have a compulsory motor liability insurance policy. Its absence is an offence.
For cars registered abroad, the driver can present a Green Card policy.
The penalty for failure to carry out a timely technical inspection is the impossibility of obtaining a compulsory motor liability insurance policy.
If the policy was received during the valid period of the diagnostic card, but by the time the accident occurred, the period had expired, then for the insurance company this will be a legal reason to refuse to pay compensation.
The exceptions are:
Indicators | Description |
Cars | which are used as taxis |
Buses | having more than eight passenger seats |
Vehicles for transporting goods | having increased danger |
The amount of the administrative fine in these cases will range from 500 to 800 rubles.
For driving without a policy
You must take your MTPL policy with you when traveling, just like a driver’s license. The concept of “driving without a policy” assumes that the insurance policy is in principle available and its term has not expired.
The driver was unable to present it to the traffic police inspector for some reason:
- Forgot it at home or somewhere else.
- It was stolen.
- The policy is lost.
The inspector, at his discretion, can simply verbally explain the inadmissibility of such actions. However, he retains the right to issue a fine of 500 rubles.
If the policy cannot be presented for one of the specified reasons, and the inspector begins to formalize the administrative offense as a complete lack of compulsory motor liability insurance, then this infringes on the rights of the car owner, since the amount of the fine in this case will be greater.
The driver can challenge this situation within 10 days. The complaint should be sent to the State Traffic Safety Inspectorate or a claim to the magistrate's court. Confirming the availability of an OKAGO policy will not present any difficulties.
For his complete absence
The absence of a compulsory motor liability insurance policy is a violation of the law “On compulsory motor liability insurance”, which requires that it be purchased within 10 days after purchasing the car.
In case of violation, a fine of 800 rubles is required.
When the owner of the car and the driver are different people, both are fined. The driver of the car is punished for driving it without insurance, and the owner for not taking out a mandatory insurance policy.
For an overdue document
When presenting an expired OSAGO policy to a traffic police inspector, the driver will have to pay a fine of 800 rubles.
Insurance legislation does not recognize the concept of an “expired policy”. This situation is equivalent to the complete absence of a compulsory motor liability insurance policy.
For a trip outside the paid period of use
An MTPL policy can be issued not for a whole year, but only for a certain period. For example, a tractor is used only in the summer season - from April to October.
If the owner of the vehicle uses it at an unspecified time, he will have to pay a fine of 500 rubles.
For transferring control to a driver who is not registered with OSAGO
If the traffic police inspector finds out that the driver of the vehicle he stopped on the road, although he has a driver’s license, is not included in the compulsory motor liability insurance policy for this car, then the fine in 2021 will be 500 rubles.
This does not apply when the policy is issued without limiting the number of drivers.
If the driver is at fault for the accident, the insurance company will fulfill its obligations, since it is the vehicle that is insured.
But in the future, the insurance company may file an application with the court demanding the return of the money paid.
For a fake policy and diagnostic card
Forgery of documents is a criminal offense. The punishment is provided for in Art. 327 of the Criminal Code of the Russian Federation. The fine for a fake policy will be quite significant.
Having a fake diagnostic card, in the absence of attentiveness or connivance of the insurance company employees, it will be possible to issue a compulsory motor liability insurance policy.
When an insured event occurs, difficulties may arise. It is one thing to receive money for an insurance policy, and quite another to pay significant compensation.
The insurance company will begin to meticulously check the accuracy of all documents.
Even if the company makes the necessary payments to the injured party, it still has the right to make regressive claims against the dishonest insured.
These requirements will be aimed at ensuring that the policyholder must return the money paid to the insurance company.
To protect yourself, you need to check the authenticity of documents. The insurance policy can be checked by going to the RSA database on its official website.
The authenticity of the diagnostic card is checked in the EAISTO database.
Video: fine for traveling without an MTPL policy