What will be punishment for driving without registration number?
How many disputes between citizens and inspectors are devoted to the unspecified, incorrectly established and unreadable registration signs and transit numbers. Let`s try to understand the rights, duties and responsibility of drivers.
Driving without the state sign or signs is regulated by article 12. 2. Code of the Russian Federation on Administrative Offences.
1. the Control of the registered vehicle with the unreadable, non-standard or established with violation of requirements of state standard state registration signs - attracts the prevention or imposing of a penalty of hundred rubles.
According to the Code, the state registration sign admits to non-standard if it does not conform to the requirements established according to the legislation on technical regulation. Thus, if you sawed off part of a sign, bent it (as, for example, often do on the American cars), it also will be a non-standard sign.
The registration sign admits unreadable if from distance of 20 meters reading in a night-time at least is not provided to one of letters or figures of a back state registration sign, and during daylight hours at least with one of letters or figures of a forward or back state registration sign. So indistinct definition allows the staff of traffic police quietly and absolutely with impunity to allow an arbitrariness concerning participants of traffic as in article and in comments it is not specified that means the concept “ night-time “ as the registration sign, and, at the end - the ends has to be lit, nothing is told about sight of the inspector of traffic police.
It is necessary to consider that the registration sign can become soiled in use the vehicle, for example, because of a rain or snowfall. Following the law, in that case there is an objective party of violation, but there is no possibility of involvement of the driver to responsibility as the offense is made unintentionally. Commission of an administrative offense requires existence of two components: illegality of actions / inaction, the ascertained guilt.
Established with violation of requirements can be recognized the registration sign established not on the platform which is specially provided for this purpose on a bumper, and, for example, sideways on a bumper, under a windshield or established “ head over heels “. At the same time, it is wrong to believe that if the state registration signs are available, but lie in a luggage carrier, then the first part has to be applied. As appears from its formulation, it is about “ to the " installation; but not just about their existence.
2. Driving without the state registration signs in defiance of the item 2 “ Basic provisions according to the admission of vehicles to operation “ - attracts imposing of an administrative penalty of five thousand rubles or deprivation of the right of control of vehicles for a period of one about three months.
The provision of this article indicates that responsibility for its violation can extend only in relation to the driver steering the vehicle which passed the state registration, two registration signs are not on which. An end to all disputes was put by the Supreme Court which made the corresponding explanations and specified that lack of one sign as violation is qualified under article 12. 2 and only lack of two signs - by the second part of this article .
The most important aspect in this case is “ passing of procedure of registration of the " HARDWARE;. From literal reading of the p. 2 of Art. 12. 2. formally, follows that it is possible to apply this article for any driving without registration signs. However article 12. 1 Code of the Russian Federation on Administrative Offences establishes responsibility in the form of a penalty of 100 rubles for control of the car which is not registered in accordance with the established procedure, respectively, which does not have the state registration signs. Thus, this article should be applied only to the registered cars.
One of the main problems of this part is that the reasons of lack of the state signs are not considered. Road accident, lack of necessary fastenings and some other the bases can formally be the cause of their absence. Cases when the driver who just received registration signs puts them on a front seat of recently bought car are frequent, drives off from registration office and meets inspectors. In reality the citizen had no opportunity to make installation of signs. The requirement or the proposal of the inspector on fixing of a sign with a wire is groundless as such fastening is considered non-standard and does not conform to factory requirements.
It would be desirable to pay attention and to one moment. If in the morning the driver finds out that the state signs on his car are absent, then the driver has no right to carry out the movement on this car as this reason did not arise in way. If both signs are polluted so that they are not visible at all, use of the second part is illegal. As appears from the analysis of article, the second part can be applied only in case of lack of signs, but not their full not readability.
3. Installation on the vehicle of obviously false state registration signs - attracts imposing of an administrative penalty on citizens of two thousand five hundred rubles; on the officials responsible for operation of vehicles, - from fifteen thousand to twenty thousand rubles; on legal entities - from four hundred thousand to five hundred thousand rubles.
Actually this article assumes responsibility already for the fact of installation of obviously false state registration sign. Such sign will be understood as installation of the sign or element imitating all main signs of the approved state registration sign.
4. Driving with obviously false state registration signs - attracts deprivation of the right of control of vehicles for a period of six months till one year.
Remember - the knowledge of the rights and ability to defend them considerably saves the family budget! Do not pay superfluous! Assert the rights! Good luck on roads!