Situations when I would like to transfer the steering wheel of your own auto to another person, there are in a large set. For example, after an accident on the highway, you miraculously remained intact, the machine is not damaged, but you wake up the car after experienced frightened. Or visiting you succumbed to the persuasion and sought alcohol, you can not drive the car, and your companion is absolutely sober.
According to Article 12.7, Part 3 of the Administrative Code, the responsibility for the transfer of control of the car occurs if the owner knows that the person who admitted to the management did not pass exams or is not right for other reasons.
Article 12.7 of the Administrative Code of the Russian Federation. Managing the vehicle by a driver who does not have the right to control the vehicle
- Transportation by a driver who does not have the right to control the vehicle (with the exception of an educational ride) - entails the overlay administrative fine In the amount of from five thousand to fifteen thousand rubles.
- Driver management driver deprived of the right to control vehicles - entails the imposition of an administrative fine in the amount of thirty thousand rubles or administrative arrest For up to fifteen days, or mandatory work for time from one hundred to two hundred hours.
- Transferring the transportation of the vehicle to the face, obviously not having the right to control the vehicle (with the exception of an educational ride) or deprived of such a right - entails the imposition of an administrative fine in the amount of thirty thousand rubles.
It turns out that the owner violates the law, allowing the car to drive a person who cannot do this. Penalty for violation is 30,000 rublesLocked from the owner of the car.
What other punishment can be incurred for the transfer of the steering wheel without right? In addition, with violation, it is often obliged to work out 100-200 penalty hours or the intruder is to arrest for up to 15 days. The stratum owner of the car can challenge the punishment if the driver intentionally introduced him to misleading about the term of the right, or the car simply turned out to be stolen. In this case, the owner of the car is not responsible.
When paying a fine for transferring a person's control without rights within 20 days after making a solution, its sum can be reduced by half.
Responsibility for the confidence of the car is a minor
The confidence of the car to the child is one of the most frequently fixable violations.. Many parents are united in the delusion that they are able to learn the child to drive better than a professional instructor. But it is not necessary to allow a child to management, regardless of what the driver's experience is personally.
The transfer of the steering wheel to a person who has not reached the age of majority, often leads to the fact that you get a double. Yes, and so it is necessary to start training for driving skills with the commission of a crime. The best option is to wait for the child's majority and send it to a driving school to professionals.
The owner of the car did not know that the validity of the papers expired
If you did not have time to see if your assistant has the right, and they are far from all right, it will not be easy to get rid of punishment. Another option when the driver, for example, is deprived driver's licensebut managed not to pass it and slip it as suitable. If the owner of the car did not know that Wu is overdue, he will avoid punishment.
Transport use without the permission of the owner
There are also situations when the car owner was not going to transmit a vehicle to anyone. If the car was captured by the attackers, the vehicle was vigorously, and the driver fell into the field of view of the traffic police officers, the owner of the car does not face anything, because its intent is not here. But here is a man who risen to ride on someone else's car can appoint a serious punishment and sit down for the bastard for 5 years.
For such actions, the responsibility will be criminal, qualify Act under Article 166, Part 1 of the Criminal Code of the Russian Federation. If the car managed a familiar owner who does not recognize this, the situation is permitted in private. 30,000 fine money is considerable and paying such a fine few people agree.
The owner is easier to declare that he does not know or not allowed him to sit at the driver's seat.
How can DPS prove the guilt?
To prove the driver's guilt by DPS staff, any evidence that they will find it necessary to provide the court can be seen. Most often video footage, photos directly at the time of detention of TCs and checks.
When drawing up the protocol, the data contained in it can be supported by the signatures of witnesses. When a person is detected behind the wheel in a state of intoxication, the results of a medical examination performed immediately after the detention and decorated in all rules can be added. Transferring control of own vehicle to another person, you are not freed from responsibility.
Therefore, it is necessary to relate to someone who you are going to trust your car. It is not necessary to give it familiar who abuse alcohol and carelessly belong to someone else's property. When transferring the steering wheel to a person who is inclined to deliver the problem, you will be a victim of someone else's carelessness.
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The lack of a driver's license for some is not an obstacle to getting driving a car of his relative or acquaintance in their own request. But the service may be "bearish" if the traffic police officer comes on the way. Because there is a punishment not only for riding without a document, but for permission to manage the car without driver's license.
It would seem that anything terrible will not happen if a relative or friend of the owner of the car will be driving. Especially if the owner sits nearby, controls his actions. In fact, this situation is illegal. There is an item 2.7 traffic rules, which directly prohibits the driver to transmit car control:
In all these cases, permission to sit behind the steering wheel can lead to an emergency, at worst - to a serious accident. After all, the motorist without rights does not have the necessary knowledge, driving skills that allowed him in time and in a particular way to react to surprise or danger.
Penalty for the transfer of vehicle (TC) face without rights
The punishment of the one who planted the wheel of his man without a driver's license may differ depending on the situation. COAP is Article 12.7, part 3, which says:
Transferring the transfer of the vehicle to the face, knowingly not having the right to control the vehicle (with the exception of the educational ride) or deprived of such a right, entails the imposition of an administrative fine in the amount of thirty thousand rubles.
In most such cases, it is applied. It does not matter that a teenager was driving, who was taught to drive a car. Parents do not have the right to trust him by management even for this purpose, and being nearby. To study driving, there are driving schools, instructors and specially equipped techniques.
If the driver without the right to be transferred by transport, it turned out to be drunk, the punishment would be much more stricter. In relation to the person who put it behind the wheel will additionally apply part 2 of Article 12.8 of the COAMA. The owner of the car will pay a fine of 30 thousand rubles. And he will remain without Wu for 1.5 - 2 years. That is, in sum, he will give the state 60 thousand rubles.
Do not allow the steering wheel and a person who has the right to have, but he left them at home. For riding without necessary documents Pay not only he himself. Transmitted car management will also be punished as part 3 of Article 12.3 of the Administrative Code. In accordance with her, the penalty will be 3 thousand rubles.
The expenses of the owner of the transport, which was driving his employee, a friend or a relative without Wu, this may not be limited to. The traffic police officer has the full right to select the car and send to the special sport until a person with a driver's license appears and inscribed in the policy. After all, there is article 27.3 Administrative Code, allowing the inspector to do this:
In order to curb violations of the rules of operation, the use of vehicle and the vehicle management of the corresponding species provided for ... Parts 1 and 3 of Article 12.8 ... It is applied to the detention of a vehicle, that is, the exclusion of the vehicle from the process of transporting people and cargo by moving it with another vehicle And the premises in the nearest specially designated guarded place (on specialized parking), and storage on a specialized parking before eliminating the cause of detention ...
That is, the car owner will pay for evacuation, as well as storing the car on the penalty area.
Is it possible to soften the punishment
The main condition for the imposition of a fine under Part 3 of Article 12.7 of the Code is that the owner of the car was aware of the absence of a driver's license in advance in advance. So theoretically there are two possibilities to avoid punishment:
- Insist on ignorance of this circumstance. For example, after the driver's deprivation, the driver could have a preserved certificate that he showed the owner of the car. And the document is invalid, what the latter did not have a chance to find out.
- It was assumed that the car was taken without permission. This is real if the owner himself did not sit next to the driver at the time of stopping the TC inspector. But then the police should initiate a criminal case about the hijacking. The owner of the car will have to choose between the payment of the fine of 30 thousand rubles. From your own pocket or for a period of 5 years for a man.
The most strict punishment is actually avoided if the driver without the right and the car owner were forced to violate the law due to emergency circumstances. For example, the need to urgently take to the hospital of another person or to escape from the criminals, when the owner himself could not sit behind the wheel.
The fact that the car owner was at the time of the transfer of control of the vehicle in a state of affect, also in the power to soften the punishment. As for those who made him put behind the wheel of a person without a lot of serious family problems. Such reasons can be accepted by the court as mitigating, but there will be an irrefutable evidence for this.
There is a chance a penalty for the transfer of control of the TC to the face without the right to shorten twice. But for this money must be made within 20 days after receiving the decision. Payment of the fine in the shortest possible time will be the best way out if a person is really guilty, cannot find softening circumstances.
About how to protect yourself when transferring control of the vehicle to another person, see this video:
How to appeal the decision of the inspector
If the auto owner believes that the ruling about the penalty for transferring the steering wheel to the driver without a certificate should be canceled, it is necessary to apply the appropriate statement. It is addressed to the upstream guidance of the traffic police or to court. The most important thing is to find and specify the motives for which the punishment must cancel. In addition to the previously shown, it may be purely formal reasons. For example:
- distorted information, corrections in the protocol and other documents;
- lack of witnesses during registration;
- drawing up the document at all without them;
- incorrect information about the participants in the incident;
- the fact that the traffic police officer did not clarify the car owner and the driver of their right.
Opinion expert
Nadezhda Smirnova
Authority expert
Sometimes in the documents there are serious mistakes, inaccuracies, and procedural actions are accompanied by such blatant violations that the court may cancel the ruling. But here you need a good. And in the complaint should be accurately indicated which articles of the law were violated by the traffic police officers.
Avoid penalties to the refusal to sign the protocol will not be able to avoid. As with a complaint, which contains only a request to cancel the decision on the fine, without explaining the reasons why the court should be made such a decision.
The best way to take off the sanctions for the transfer of car control to a person without right is not to trust him the steering wheel. After all, the consequences may be much more serious than a fine. For example, the insurer has the right to refuse to pay if the machine falls into an accident. And the man behind the wheel, in fact, not able to drive, can be injured or perishing.
Useful video
Watch in this video about how the Savorist challenges the transfer of the handling of the steering wheel deprived of rights:
5/5 (3)
What liability is provided by law
Transferring the vehicle control to the face that is in a state of intoxication is punishable in part 2 of Article 12.8 of the Code administrative offenses Russian Federation.
The sanction of this legal norm provides:
- the use of an administrative fine is thirty thousand rubles;
- deprivation of rights to managing vehicle period from one and a half to two years.
According to the regulations, the person deprived of a driver's license is obliged to pass it in territorial division The traffic police at their place of residence for three days, counting from the day when the court decision entered into force.
If the document will not be commissioned, the deprivation period is not calculated. As soon as the certificate falls into the traffic police, the countdown will begin on which the face was deprived of rights.
An administrative penalty is payable for sixty days. Admission to the management of a person who is in a state of intoxication or does not have a driver's license entails responsibility under Article 12.32 of the Code of Administrative Code.
Attention! Our qualified lawyers will help you with free and around the clock on any issues.
Its sanction provides for an administrative penalty:
- for officerresponsible for the technical condition and safe operation of transport, the size of 20 thousand rubles;
- for legal entities It is one hundred thousand rubles.
In the event that an individual entrepreneur is the owner of the vehicle, then a sentence is applied similar to a legal entity.
Features of the use of a fine for transferring the steering wheel drunk driver
Administrative responsibility for the transfer of the steering wheel, which is in a state of intoxication, occurs only if there is a voluntary fact of transmission.
Important! As it confirmation can be:
- finding the vehicle owner during the stop by his traffic police officers;
- handbook recognition by the driver of the fact that the owner of the car.
If there is no owner in the car, then to prove the voluntary transfer of the steering wheel to a drunk driver, especially with a competent lawyer, almost impossible.
If the fact of the presence of the owner is recorded with the information set out in the Administrative Offencing Protocol, then it will be difficult for such a person at the court session to prove that he did not know about the drunken state of the person who was transferred to the vehicle management.
Any attempts to harm themselves will be regarded by the court as an attempt to escape from the draft law.
The owner of the vehicle falls in the most difficult condition if it is attracted after the consideration of the case in the driver's punishment.
Especially if the court decision would be indicated that the owner knew about the driver's state and, nevertheless, he handed him a car. In this case, the responsibility of part 2 of Article 12.8 of the COAMA cannot be avoided.
Experienced lawyers are recommended to build the protection of the vehicle owner even at the stage of bringing to the responsibility of the person who is involved in administrative responsibility, for driving a car in a state of intoxication. Only the exclusion of the driver's responsibility automatically removes the question of the responsibility of the owner of the car.
Therefore, only experienced and qualified auto units will help choose the right tactics and the strategy for protecting the interests of the owner of the vehicle. Connecting data from specialists to participate in the case at the earliest stage will allow you to reliably and effectively build protection from the charge.
Ready-made recipes, as you should enroll in any case, no. Each case occurs in a specific setting, so requires an individual approach and the development of a special protection line.
The process of drawing up the protocol by the traffic police officer
The fixation of the fact of the administrative offense is carried out by a traffic police officer in the relevant protocol. It indicates the essence of the violation depending on the developing situation.
For example, the vehicle is registered on the spouse, and the car drove the car while intoxicated. The traffic police inspector is obliged to draw up a protocol both on the owner of the vehicle for the transfer of the steering wheel, which is drunk and on the driver itself - for managing the vehicle in a state of intoxication. Thus, both family members will be subjected to punishment.
If the wives as the owner of the vehicle in the car was not, and the spouse took the car, being sober, then only a husband will be brought to administrative responsibility.
WHEN will be able to avoid punishment, but traffic police officers will not miss the chance to compile the protocol and on it. Then B. judicial order The owner of the vehicle will need to be proved that the car was transferred to the control of the sober spouse.
When making a protocol on controlling a car in a state of intoxication or the transfer of the steering wheel in a drunken form, the driver's license is not withdrawn. The traffic police officers are deprived of this right. Only after the judgment of the court entered into legal force, the owner of Wu independently gives the rights to the traffic police.
Watch the video. How to soften the punishment if you want to deprive rights:
How to avoid responsibility for the transfer of the steering wheel drunk person
In order to protect yourself from the opportunity to be attracted to administrative responsibility for the transfer of the steering wheel, which is in a state of intoxication, it is necessary to properly arrange the fact of receiving the vehicle.
In the future, this document will allow in court to prove the lack of intentional guilt or criminal inaction in the actions of the owner.
Another argument to exclude accusations of the machine's owner enjoy qualified lawyers. They require the traffic police officers to submit the conclusion of medical examination that the driver was in a state of intoxication at the time of transferring keys.
The absence of such a document eliminates legal basis To attract the owner of the vehicle to administrative responsibility for the transfer of the steering wheel, which is in a state of intoxication.
If the owner of the car was near
If the owner of the car handed the control of the person, which is in a state of intoxication, and at the same time he himself was also in the cabin of the car, to avoid attracting administrative responsibility.
Since any explanation that the owner of the car did not know that he had passed the steering wheel in a state of intoxication would be regarded as an attempt to escape from deserved penalties.
The only possible option to avoid responsibility is to search for procedural errors by the traffic police officers in the design of an administrative case.
How to be in the case when the owner of the vehicle was not in the car
If the vehicle was detained for managing the driver who is in a state of intoxication, the traffic police officers will attempt to cause the car owner to the place of detention. The goal is to make a protocol for transferring the steering wheel to a drunk driver.
Remember! Since it is quite difficult to prove the fact of transferring the steering wheel with a drunk driver, the owner can use the following arguments in his justification:
- visually signs of intoxication from the driver did not appear. The act of medical examination for intoxication was not compiled, so the owner had no reason to assume that the driver was drunk;
- the driver took a car without the demand of the owner, since he had access to keys or hijacked. That is, the car dropped out of the property without the will of the owner;
- the elimination of the fact of finding the driver in a drunk form is equivalent to the absence of an administrative offense;
- the car is a common share ownership, despite the fact that he is recorded on one of the spouses. Therefore, the second spouse can drive a car without the prior consent of the owner.
A vehicle that was controlled by a person in a state of intoxication is delayed. The driver is removed from the management of them. And the car itself is placed on the penalty.
Judicial proceedings on the deprivation of a driver's license
After the traffic police officer issues an administrative case, the procedure of which includes not only the compilation of the protocol, but also checking the driver on a breathalyzer or direction to the medical institution for the passage of medical examination for alcohol intoxication, all materials are transferred to the court. Only judicial instance It has the right to apply one or another type of punishment.
Today we will be interested in the transfer of car control to a person who does not have right is a violation or not? And if so, what sanctions will be imposed on the owner of the vehicle and the negligent chauffeur? Having understood in all this, everyone can easily avoid unnecessary problems.
Documents for the driver
Driving a car without rights - is it a violation or not? Understand this easy. Especially if a person initially knows what kind of references should be on the chauffeur. So, at the moment the driver must have with him:
- automobile Insurance Policy;
- power of Attorney for TC (desirable);
- identity card (better - passport);
- driving license with a particular category of driving and personal photography;
- certificate of registration of the car in the traffic police.
Without listed reference, the driver will have to face a number of sentences. But there are exceptions. For example, in relation to the preparation of the STS. In the case of in / in exceptions, there is no and can not.
How much to pay for violation
Transferring a car managing a person who does not have right is a serious and very common administrative violation. The owner of the TC will face certain sanctions. In our case, this is a fine. Payment will be very solid. It is one for all regions of Russia.
Managing the vehicle without rights is punishable by payment of 30,000 rubles. It is so much to pay the owner of a vehicle, which knows the absence of the chart of the necessary documentation.
Forgotten rights
But this is only one of the options. A large payment threatens only to those who, in principle, does not have a driver's license. This also includes citizens with overdue rights. And what to do with those who have deprived of documents? The owner of the car in this case will also have to prepare 30,000 rubles to pay a fine.
Exception is the transfer of car control to a person who has no rights with him at the moment. That is, theoretically, the chauffeur has in / y. Suppose he just forgot the relevant document.
Under such circumstances will have to list the state much less. A person will discharge a fine of 3,000 rubles. This is a punishment that threatens the owner of the car. The violator driver will pay only 500 rubles.
Exception to the rule
Transmission of car control Facial without rights - common, although not the most serious violation. And it does not always entail sanctions for the owner of the vehicle.
The thing is that by current laws A person who allows you to manage your car must make sure that previously listed important certificates in the chauffeur listed. Only in this case on the owner of the car lies responsibility for violation of traffic rules.
From here it follows that no fine will not discharge the owner if:
- the car was ruled by a person without the right, but the car hijacked;
- the owner of the TC did not know that the chauffeur was deprived of rights;
- the owner of the car was not aware of the lack of a potential driver of a driver's license.
The main problem is that the presence of grounds for exemption from penalty payments has to be proved. In real life, this is pretty problematic. And therefore owners vehicle It is recommended to respond to checking the documentation in the chauffeurs before producing them on the road.
How to avoid punishment during forgotten rights
Office of the vehicle without the right, as we found out, not always punishable. You can avoid fines if you behave correctly. In any case, the chauffeur may not be fined. And the owner of the vehicle in certain situations too.
To date, the sanctions for the lack of a driver's license from the driver can be avoided if the documents on the car are simply forgotten. Then it is recommended to ask for DPS employees to correct the situation. For example, a negligent driver or owner of a car can go for rights and bring them to the locomotive stop. And you can independently pick up / y, while leaving the vehicle at the site of "crime." But this is an extremely rare option.
Can relatives and close intruders bring a certificate? Yes, but it will have to do it promptly. Therefore, it is recommended not to forget the documents studied, so the chauffeur will be much less trouble.
IMPORTANT: Usually, to correct the situation, the offenders give 30-40 minutes. This time should be enough for the road to the place of storage in / y and back.
How many times can punish
How many times is the transfer of a car control a person who does not have the right? The answer to this question is trying to find many owners of the vehicle and chauffery.
The thing is that penalties of civilian citizens may be an infinite number of times. The main thing is that the punishment is "issued" by different posts of DPS. It is worth just remembering the rule "one post is one penalty for the same violation."
It follows that the management of the vehicle without relevant documents can deliver a lot of trouble. And it is recommended to correct the situation immediately after the first fine. Otherwise, the final payments will increase significantly. This is a normal phenomenon.
Only for drivers
The control of the vehicle without the right provides for certain forms of punishment of non-refined chauffeur. We have already met one of the options. We are talking about the situation when the certificate is forgotten by the driver. But what if a person does not have it at all?
Then the owner of the car is wondering for 30 thousand rubles. And the driver will discharge a fine of 5 to 15 thousand rubles. The exceptions are situations in which a citizen manages a car due to the passage of training. But here there are nuances.
It is important to remember that by analogy with previous sanctions, the driver can penalize the infinite number of times at different posts of DPS.
Training
Transferring a car control to a person who does not have the right is not always punishable by fines. Owners and chaufferes are able to avoid the listed sentences.
It is about managing the car due to driving training. Then next to the driver should be an instructor. And with him you need to have:
- rights;
- a sticker on the car, indicating that the TC is educational;
- license training.
Accordingly, if a citizen cannot prove that it is a driving instructor, you will have to pay a fine.