Car owners are often asked - what to do if the ability to sit behind the wheel of your car? Is it possible to transfer the right to control the machine to another person - a neighbor, husband, wife, child? Whom of them will not finish the DPS inspector for delivered to the destination? About this further in the article.
Content
- Road rules, paragraph 2.7 traffic rules, which says this item PDD
- Transmission of the control of the face without the right to the driver threatens
- Illegal excretion by car without the purpose of theft, what is the punishment
- The owner passed the wheel of the person who has rights, but at the time of checking the right there are no punishment
- Drunk driver sat down behind the wheel, what punishment threatens the car owner
- The car owner entrusted the steering wheel to a minor, which will be punishment
- What does the law of traffic rules of 2017 say about the transfer of car management rights
- Who is not right, by law, get behind the wheel of someone else's car
- Osago insurance, who should be entertained into insurance
- If the driver feels bad to whom it can trust the steering wheel
- As a car owner will be able to mitigate punishment or fine
- How to file a complaint about the Resolution of the traffic police inspector, if the motorist disagrees with the decision
- How to make a complaint
- What inaccuracies in the protocol traffic police inspector can be used to cancel punishment
- If the driver does not agree with the protocol, can it not sign the protocol
- Tips Prof.
Road rules, paragraph 2.7 traffic rules, which says this item PDD
Immediately it is worth saying that the transfer of control of the car, which does not have such a right, illegal. This is evidenced by the corresponding PDD 2.7, which is still valid in 2017. According to the specified point, the driver is prohibited: transfer the management of the machine to people in a state of intoxication, in a tired or painful state, under the influence of drugs, as well as people who do not have a driver's license to manage the car of the relevant category or subcategory, in addition to learning Driving according to section 21.
Transmission of the control of the face without the right to the driver threatens
In accordance with Article 12. 7 of the Code of Administrative Offenses of the Russian Federation, the transfer of the control of the machine, which does not know the right of such a right (an exception is the training ride) or deprived of such a right leads to the imposition of a fine, whose size is thirty thousand rubles.
Illegal excretion by car without the purpose of theft, what is the punishment
According to Article 166, the unlawful excretion of the transport without the purpose of theft is punishable:
- 100 thousand rubles to 120 thousand rubles.
- A fine in the amount of wages or other income convicts for the time period up to 12 months.
- Arrest for 3-6 months.
- Restriction of freedom to three years (conditional).
- Imprisonment up to 5 years.
The owner passed the wheel of the person who has rights, but at the time of checking the right there are no punishment
If the driver has a driver's license, but he lost it, left at home or not in insurance - the driver will have to pay 500 rubles a fine, and the car owner is 3000 rubles.
Drunk driver sat down behind the wheel, what punishment threatens the car owner
If the wheel of your car will be in a state of intoxication, you will be fined for 30 thousand rubles. And lose the right to drive a car up to two years.
The car owner entrusted the steering wheel to a minor, which will be punishment
Penalty for driving minors is 5 - 15 thousand rubles. If his owner is present in the car, he is also attracted to justice. Penalties are increasing to 30 thousand rubles.
What does the law of traffic rules of 2017 say about the transfer of car management rights
As they say in traffic regulations, the car owner is forbidden to transfer control of the car to minors, persons in a drunken state and so on. The fact that you are near the driver does not have absolutely no value. If your car driven by an unauthorized person is interested in the employee of the road service, then when stopped, the inspector will require a driver's license to be driving. If he has no rights, a car owner will be imposed on the car owner.
Who is not right, by law, get behind the wheel of someone else's car
To get behind the wheel of your car do not have the right:
- Minors.
- Motorists are in a state of intoxication.
- People in painful condition.
- Persons deprived by car management rights.
Under a painful state, not only severe indisposition (high pressure, aggravation of the heart disease), and a cold, accompanied by uncontrolled chichany, depicted with eyes, rhinestone, elevated temperature, and so on. Driving in a similar condition may be associated with a risk in time not to react to the Koldybin, interference that appeared on the road or a sudden pedestrian.
Osago insurance, who should be entertained into insurance
The person who is transmitted to the control of the machine must be included in the CTP. If only you are insured in the insurance policy, when you stop the car by the traffic police, you will be obliged to pay a fine. In addition, if the face, not included in the insurance of CTP, will fall into an accident, the insurer has the right to refuse you to pay.
If the driver feels bad to whom it can trust the steering wheel
The answer is obvious: the driver can pass the control of the car to a person who has a driver's license with an open corresponding category. Also, this person should not be in a painful state, in a state of intoxication or under the influence of drugs. In addition, there should be no restrictions in your insurance, or the person you pass control should be in it inscribed.
As a car owner will be able to mitigate punishment or fine
There are situations, in the context of which the car owner can avoid responsibility for the transfer of the steering wheel, which has no rights to it:
- If the car owner did not know that the driver does not have a valid driver's license. For example, the driver introduced the auto owner in confusing regarding whether it is possible to entrust the control of the machine - the right has shown, but I preferred to not mention that he simply did not pass them after the decree on deprivation of rights entered into force.
- If the control of the control occurred without the consent of the car owner. For example, there was a hijacking machine.
How to file a complaint about the Resolution of the traffic police inspector, if the motorist disagrees with the decision
The complaint is a protest against violation of your rights. If you are confident that during the preparation of the Protocol, your rights have been violated, you can file a complaint:
- To the district court.
- The higher official of the branch, whose employee was fined you.
- In the higher authority, that is, to the higher department of the traffic police, which is subject to the department, where the decision was made.
If you submit a complaint to two or more instances, it will be considered the court.
How to make a complaint
In the complaint, it is necessary to specify which specific items of the decree illegal, and also correctly formulate your requirements in the final part of the complaint. In case of disagreement of complaints, the court will consider the latest claim requirement.
For example, at the beginning of the complaint, the submarket declares that he did not make any action specified in the resolution, but at the end requests the change in the amount of the fine. Of course, there is no point in such a complaint at all.
What inaccuracies in the protocol traffic police inspector can be used to cancel punishment
During the writing of the complaint, you need to pay attention to the presence in the protocol of any omissions, inaccuracies or gross violations:
- Formal clarification of rights.
- The lack of signatures of witnesses or those who are understood.
- The presence of corrections in the protocol not certified with you.
All this can be used to cancel the punishment.
If the driver does not agree with the protocol, can it not sign the protocol
The excuses like "I was told to sign, and I signed, not even reading" no one long ago, no one perceives, especially the judges. Do not refuse to sign the protocol. Many motorists ask, is it true that the protocol without my signature will be invalid? No, it's just a myth. The protocol will also have a legitimate force, simply the DPS inspector themselves will be broken with the mark "refused" from the signature. The correct solution in this case is to sign the protocol, noting that you do not agree with this resolution for a number of grounds that also need to be transferred.
Tips Prof.
In conclusion, I would like to say that instead of challenging the ruling and appealing of the fine, it is much easier to take care that your car is in the hands of a driver who will not substitute you under this penalty. Protect yourself - your first duty.
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