Handing over the steering wheel to a minor. A minor driving without a license: what is the fine and what else does he face? What happens if a minor is stopped driving?

Some parents strive to teach their child to drive a car themselves. They think they can do it instead of a professional instructor. It happens that someone you know will ask you to get behind the wheel to practice before passing the driving test. Thus, it turns out that the driver is a minor or someone who does not yet have a license. In addition, an ordinary car does not have special equipment with which to teach driving.

Regardless of who is driving your car, this does not relieve responsibility before the law, and the traffic police officer has the right to fine not only the driver, but also the owner of the car. Training should be carried out by instructors and on specially organized machines.

It also happens that the owner of the car is drunk and asks someone else to “drive” who does not have a license. It seems that the person wanted to help, but he is committing a violation before the law.

And if the owner of the car is in very bad health and he handed the steering wheel to someone else who does not have the right to drive, then when meeting with a traffic police officer, both people will be punished.

So, there are three main situations when the steering wheel is handed over to someone who shouldn’t:

• the child is taught to drive a car by his parents;
• the owner of the car is drunk;
• The owner of the car feels very bad.

What age must be reached in order to be issued a license to drive a moped, motorcycle and car?

You can ride a bicycle on the roadway from the age of 14. Driving a moped is permitted from the age of 16. From the same age you can drive a motorcycle with an engine capacity of no more than 125 cm 3 if you have a license. If a motorcycle with a large engine capacity, then they are allowed from 18 years of age. Then you are allowed to get a license to drive a car.

The age for obtaining a license and for formal training may vary. That is, it is allowed to study from the age of 16 to obtain those rights that are issued after adulthood.

What is the penalty for violation?

If you do not adhere to these conditions and drive without a license, you face an administrative violation in the form of a fine of at least 5 and maximum 15 thousand rubles. In addition to monetary payment, driving without a license can lead to accidents, causing harm to the car, yourself, passengers, and pedestrians, since the young driver does not know all the rules of the road well.

Handing over the steering wheel to a minor carries with it punishment not only for the teenager, his parents, but also for the owner of the car. So, the latter will have to pay 30 thousand rubles, and if the driver was drunk, then the fine will be the same, but the deprivation of a driver’s license will also be added for up to 2 years.

If an inspector stops a teenager driving a moped, he will have a preventive conversation and may be released for the first time. The vehicle will be placed in an impound lot, from where only parents will be able to pick it up. If such a violation occurs a second time, this threatens that such a “manager” will not be allowed to take the exam to obtain a license.

Parents are responsible if their minor child breaks the law. Previously, the fine was a little more than 2,000 rubles, but in 2019 this amount reaches 30,000.

If the violation occurs a second time, then the parents will be fined twice as much, i.e. 60 thousand. In addition, the vehicle will be moved to the impound lot. The violator will pay for this, in addition, there will be a payment for hourly parking of the car.

If a minor was driving while intoxicated, then he will be fined 30,000, if the parents knew about it, then they will be fined the same amount. For a repeated violation of this type, the fine will double, and parents will be deprived of their driving license for three years.

But there are situations when the owner of the car did not know that a person under 18 years of age or without a license was driving his car. The inspector is unlikely to believe the words; they will investigate and find out the reason for what happened. It is possible that his car was simply stolen, in which case a person could be sent to prison for such unlawful actions.

Another violation that follows for driving without a license or as a teenager is that the minor is not included in the insurance policy, so driving without insurance is fined 800 rubles. The car is transported to an impound lot, from where only the owner can pick it up. If the incident happens again, the parents will be fined an even larger amount. With further similar actions, this situation will be considered as a failure to fulfill parental responsibilities, and the teenager may be transferred to state support, and the parents may be completely deprived of parental rights.

Andrey, hello!

Driving a vehicle by a driver who does not have the right to drive a vehicle (except for training driving) - entails the imposition of an administrative fine in the amount of five thousand to fifteen thousand rubles (Part 1 of Article 12.7 of the Code of Administrative Offenses of the Russian Federation).
Driving a vehicle during the period of its use, not provided for by the insurance policy of compulsory insurance of civil liability of vehicle owners, as well as driving a vehicle in violation of the conditions provided for by this insurance policy for driving this vehicle only by the drivers specified in this insurance policy - entails the imposition of an administrative fine in the amount five hundred rubles (part 1 of article 12.37 of the Code of Administrative Offenses of the Russian Federation).
Administrative responsibility of citizens comes from sixteen years old(Article 2.3 of the Code of Administrative Offenses of the Russian Federation).
In this regard, the failure of an individual to reach 16 years of age at the time of committing an administrative offense is a circumstance that excludes the possibility of bringing him to administrative responsibility. In this case, proceedings regarding an administrative offense against the specified person cannot be started, and the started proceedings must be terminated on the basis of clause 2 of part 1 of Art. 24.5 of the Code of Administrative Offenses of the Russian Federation due to the lack of an administrative offense.
And if you are not yet 16 years old, then it is possible to bring parents to administrative responsibility under Part 1 of Article 5.35 of the Code of Administrative Offenses of the Russian Federation for failure to fulfill or improper fulfillment by parents or other legal representatives of minors of duties for the maintenance, upbringing, education, protection of the rights and interests of minors - for this they face warning or imposition of an administrative fine in the amount of one hundred to five hundred rubles.
Norms part 2 art. 2.3 of the Code of Administrative Offenses of the Russian Federation provide the possibility of releasing a minor aged 16 to 18 years from administrative liability taking into account the specific circumstances of the case and information about the person. But at the same time, coercive educational measures are used.
The law also provides for other features of administrative liability of minors:

• minority is a circumstance softening administrativeresponsibility(Part 1 Article 4.2);
• proceedings regarding an administrative offense against a minor are carried out with the participation of his legal representatives (Article 25.3) and the prosecutor (Article 25.11);
• his parents or other legal representatives are notified of the administrative detention of a minor (part 4 of article 27.3);
• cases of administrative offenses of minors are considered at the place of residence of the person in respect of whom proceedings are being conducted on the case of an administrative offense (Part 3 of Article 29.5);
• in the absence of independent income from a minor, an administrative fine is collected from his parents or other legal representatives (Part 2 of Article 32.2 of the Code of Administrative Offenses of the Russian Federation).

A few months ago, the Internet was shocked by a recording in which an eight-year-old girl was driving a car on the highway, sitting on her dad’s lap, which caused great delight from both parents.

Not all spectators supported their position; many demanded that adults who endanger not only themselves and their children, but also other road users be held accountable. Unfortunately, this case is far from isolated.

Let's try to figure out whether a minor can drive a vehicle and what is the responsibility for this.

○ Age for driving a moped or car.

Let's start by finding out whether driving by minors is generally prohibited. With regard to driving a car and motorcycle, the answer is obviously negative.

You can drive a car and have a valid category A and B license only after reaching the age of eighteen. But you can take training in a driving school at the age of 16, and then, after waiting 2 years, you can legally get behind the wheel.

Until recently, even on the busiest roads you could see teenagers or almost children riding a moped or scooter. Changes to the traffic rules are intended to correct the situation.

Unfortunately, the number of violators on mopeds is still quite large; they often become the culprits of road accidents and receive serious injuries precisely because of violation of the rules.

○ Fine for driving by a minor.

Let us note right away that according to Art. 2.3 of the Code of Administrative Offenses only persons can be held administratively liable who have reached the age of sixteen. This article even provides for complete exemption from administrative liability, taking into account the circumstances of each specific case. And everything described below applies only to persons over 16 years old. Children under this age only face a conversation with a police nursery employee; everything else is a problem, including fines, will go to parents who should be held accountable for the actions of such children.

Of course, you cannot drive without a license, regardless of age, and therefore even minors are responsible for driving without a license under Art. 12.7 Code of Administrative Offences:

• “Driving a vehicle by a driver who does not have the right to drive a vehicle (except for instructional driving) shall entail the imposition of an administrative fine in the amount of five thousand to fifteen thousand rubles.”

These young offenders will have to pay fine of 5 – 15 thousand rubles. If they do not have their own income, then their parents should do this.

Keeping in mind the video described at the beginning, we note that at a minimum, parents must pay a fine of 30 thousand rubles under Part 3, see 12.7 of the Administrative Code for handing over the steering wheel to a minor.

Minor car drivers cannot have the right to drive a vehicle, which means they cannot be included in the MTPL policy. When driving, they violate an additional violation and must pay more 800 RUR. fine under Part 2 of Art. 12.37 Code of Administrative Offences:

• “Failure by the owner of a vehicle to fulfill the obligation established by federal law to insure his civil liability, as well as driving a vehicle if such compulsory insurance is obviously absent, entails the imposition of an administrative fine in the amount of eight hundred rubles.”

In 2016, a proposal was submitted to the Duma to introduce into the Code of Administrative Offenses a norm on increased liability for repeated violations under Part 1 of Article 12.7, but it has not yet been adopted.

○ Punishment for drunk driving by minors.

Art. 12.8 of the Code of Administrative Offenses is devoted to driving a vehicle while intoxicated. Depending on the situation, different parts of it may be used. Let's assume that a minor got behind the wheel of a car after drinking a couple of alcoholic cocktails in a nightclub. In this case, his parents should be willing to pay 30 thousand rubles fine according to Part 3 of Art. 12.8 Code of Administrative Offenses:

• “Driving a vehicle by a driver who is intoxicated and does not have the right to drive vehicles or is deprived of the right to drive vehicles, if such actions do not constitute a criminal offense, shall entail administrative arrest for a period of ten to fifteen days or the imposition of an administrative fine on persons in respect of which, in accordance with this Code, administrative arrest cannot be applied, in the amount of thirty thousand rubles.”

A minor can drive legally if he has a category M license and drives a moped. But even in this case, of course, you cannot drive drunk. Having stopped a young offender, the traffic police inspector will not be able to limit himself to a fine of 30 thousand rubles, he will take the case to court for deprivation of his rights for a period of 1.5 - 2 years.

Family relationships can be different. There are cases when parents and teenage children drink alcohol together. If, after such gatherings, a “proud son” father lets him drive, then he must be ready to pay 30 thousand rubles fine and one and a half to two years to sign up as a pedestrian according to Part 2 of Art. 12.8 Code of Administrative Offences:

• “Transferring control of a vehicle to a person who is intoxicated shall entail the imposition of an administrative fine in the amount of thirty thousand rubles with deprivation of the right to drive vehicles for a period of one and a half to two years.”

Repeated violation of these rules will no longer entail administrative, but criminal liability according to Art. 264.1 of the Criminal Code of the Russian Federation. It deals not only with repeated driving while intoxicated, but also with refusal of a medical examination. The punishment will be much more severe.

In any of the described cases, the car will be towed to the impound lot if there is no sober driver able to pick it up immediately.

A drunk driver is dangerous not only for himself, but also for others, and if he has not yet undergone special training, he is doubly dangerous. This means that the punishment in such cases should be the most severe, and that is exactly what it is.

Driving a vehicle by a citizen under 18 years of age is a malicious violation of the Traffic Rules. Responsibility for such actions lies with the child's parents or guardians. A fine for driving without a minor's license is one of the penalties in accordance with the Code of Administrative Offenses.

The essence of the violation and types of fines

In accordance with the traffic rules, adults who have completed training at a driving school and received a driver's license are allowed to drive a vehicle. Driving a moped, motorcycle or scooter is allowed from the age of 16. If these rules are ignored, administrative sanctions are provided in the form of a monetary charge.

So, what is the fine if a minor is driving? In accordance with paragraph 3 of Art. 12.7 of the Code of Administrative Offenses in 2018, parents of a child can be fined 30 thousand rubles. This amount of sanctions is applicable if the adults did not know about the actions of the minor. If adults have handed over control on their own, the amount of the fine for driving by minors doubles and amounts to 60 thousand rubles. Wherein .

If a citizen under 18 years of age was intoxicated without the knowledge of adults, the fine remains unchanged - in the amount of 30 thousand rubles*

Minor driving

If the illegal act is committed again on the road, parents will have to pay a fine for driving by minors in the amount of 50 thousand rubles. In addition, the Code of Administrative Offenses provides for more stringent penalties for an adult car owner - deprivation of rights for up to 3 years.

In addition to the fine for driving without a license for minors, another type of sanctions is applied to parents - a monetary penalty for a child driving a car without an MTPL policy, which amounts to 800 rubles.

Important! If the parents were passengers, the amount of the penalty increases to 60 thousand rubles.

In accordance with Art. 2.3 of the Administrative Code, when making a decision, the court may hold a minor accountable for a crime committed if he has reached the age of 16 years. Exemption from sanctions is possible by decision of the commission on juvenile affairs.

If the case of an administrative unlawful act is sent to the prosecutor's office, the teenager's parents face financial sanctions in the amount of 100 to 500 thousand rubles, since they do not pay due attention to the upbringing of the child.

How to pay

For a minor, this is decided by the court, which, based on the results of the meeting, sends a corresponding decision to the child’s parents at the permanent registration address. To repay the penalty, you must pay the specified amount. This can be done online within 60 days, using the Gosuslugi portal, the traffic police service, official websites and applications of banks, as well as at any branch or self-service terminal.

Note! To pay, you will need the parent's passport and a decree.

In case of failure to pay an administrative fine, the Administrative Code provides for penalties of double the amount or arrest for 15 days, or correctional labor for up to 50 hours.

Payment of traffic fine

How to report an offense

If a citizen witnesses the transfer of control of a car to a minor, this can be reported to the traffic police department at the place where the illegal act was committed. To do this, you must write a corresponding application and attach undeniable evidence (photo or video). This can also be done online using the traffic police website.

A fine is the main punishment for the parents of a young driver who committed such an offense. To prevent such illegal acts, due attention should be paid to the upbringing of the child and conversations should be held about correct behavior on the road.

*Fine amounts are current for 2018.