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/ Legal articles on the topic of automobile law / Traffic rules and safety issues / Is it possible to teach driving in your own car?

Can I teach driving in my own car?

It's no secret that many future drivers do their first driving tests not at all in a driving school, but behind the wheel of their parents' car, somewhere in the country or in an open field outside the city.

How legal is this and who has the right to teach driving, besides a driving school instructor? “Avtopravoved” looked into the issue.

What obliges you to drive only with a license?

So, there are 3 regulations that require you to have a license to drive certain vehicles:

The Russian Constitution gives citizens the right to free movement,
but the Federal Law on Road Safety prescribes that road users can move freely based on established rules, and the exercise of their rights as citizens should not infringe on the rights of other people,
but clause 2.1.1 of the Russian Federation Traffic Regulations states that the driver is obliged to carry with him and hand over to the traffic police officer a driver’s license, among other documents, when driving vehicles.

Thus, we can drive any vehicle as long as we have the right to drive it. If this requires special training, then this right is called a special right - the right to drive, and it is confirmed by a driver’s license.

Driving without a license in a regular car

Long gone are the days when, according to the traffic rules, for training driving it was enough to put an appropriate identification mark on a regular car and equip it with a rear-view mirror for the teacher, and the teacher himself only had to have a driving experience of more than 3 years, as well as a driver’s license of the appropriate category.

In the new edition of the traffic rules (section 21), it is impossible to carry out training driving according to the traffic rules in a regular car with a regular driver as a trainer.

In addition to a driver's license of the appropriate category, the driver must have with him a document for the right to teach driving a vehicle of this category (clause 21.3 of the Traffic Regulations).

The vehicle on which training is carried out must be equipped in accordance with paragraph 5 of the “Basic provisions for the approval of a vehicle for operation and the responsibilities of officials to ensure road safety” (clause 21.5 of the Traffic Regulations).

The car used for driving lessons is equipped with:

Additional clutch (except for vehicles with automatic transmission) and brake pedals - for direct control of the vehicle’s movement by the trainee.
Rear view mirror for the trainer (to monitor the traffic situation).
Identification sign “Training vehicle” (to inform other road users).

So, learner drivers are not allowed to drive on road traffic conditions without a special instructor and without the vehicle meeting certain requirements.

Driving lessons in closed areas or racetracks

Among car enthusiasts, there is an opinion that learning to drive in closed areas or race tracks can be done “the old fashioned way”: without equipping the car for driving lessons and without a professional teacher.

What is the driver's misconception based on?

The basis for the above opinion of drivers is the consistent presentation of paragraphs 21.1 (initial driving training), 21.2 (driving training on the roads with traffic rules training), 21.3 (professional training), 21.5 (car equipment requirements).

Based on a literal reading of these traffic rules, some motorists come to the conclusion that initial driving training can be carried out in closed areas and race tracks without a teacher at all, or with an ordinary driver as a teacher and in an ordinary car.

Since, in their opinion, a teacher with a “document for the right to study” (as well as an “equipped training vehicle”) are required only for training driving on the roads.

How things really are

However, judicial practice proceeds from the fact that the requirements of clauses 21.2, 21.3, 21.5 of the traffic rules (for the training and vehicle) also apply to initial vehicle driving training conducted in closed areas or race tracks (clause 21.1 of the traffic rules).

Therefore, even driving on a specialized racing track without complying with clauses 21.2 - 21.5 of the traffic rules is unacceptable. At the same time, motorists themselves often understand a “closed area” as any area, sometimes not fenced in any way, with free access for outsiders, which is also recognized by the courts as a violation of clause 21.1 of the traffic rules.

Only in exceptional cases, training driving in violation of traffic rules was recognized by some courts as a minor offense (for example, training driving in a regular car at night on a closed equipped race track in the absence of strangers, with a training driver, although not having training rights, but an experienced driver).

In such cases, administrative prosecution of the teacher (under Part 3 of Article 12.7 of the Code of Administrative Offenses of the Russian Federation - for transferring control to a driver without a license) and the student (under Part 1 of Article 12.7 of the Code of Administrative Offenses of the Russian Federation - for driving a vehicle without a license) was terminated by higher authorities with reference to the article 2.9 of the Code of Administrative Offenses of the Russian Federation due to the insignificance of the administrative offense.

What vehicles do not require a license?

Now let's look in order at all types of vehicles that you can drive without such a special right.

Rollerblades, scooters

The most obvious thing is that neither dares to call it a vehicle, nor do the laws in force for 2021 classify it as such. Roller skates, scooters, skateboards, baby strollers, etc. - obviously, rights are not required for all this, because those riding them still have the status of pedestrians.

Traffic rules say the same thing:

Persons who use roller skates, scooters and other similar means for transportation are considered pedestrians.

The key word here is “similar”. That is, something that does not have an engine is driven by human muscles, and is not capable of causing serious harm in a collision.

Bike

You can also ride a bicycle without a license. Although, there have been numerous attempts to introduce driving licenses for cyclists and even to issue license plates for them and register them with the traffic police, these have not been successful for 2021... fortunately or unfortunately.

Segway, hoverboard, motorcycle wheel

Although such devices already have a motor, in practice they still do not need to be registered, there is no obligation to drive them only on the roadway, and you do not need a license to drive them.

However, from a legal point of view, their owners are no longer pedestrians (although the traffic police officially consider them pedestrians), but become drivers of an electric vehicle. We examined these vehicles in more detail in a separate article.

Walk-behind tractor

You also don’t need a license for a walk-behind tractor, despite the fact that it has an engine, and sometimes it’s even powerful enough to compete (purely in terms of power) with motorcycles and scooters.

But they are not needed, not because their riders are pedestrians. Formally, walk-behind tractors are not intended for driving on public roads, many of them are not intended to be driven classically, but only driven in front of you, and according to the passport they are not vehicles, they obviously do not even have a title.

But if you drive a walk-behind tractor onto a road - even a country road or a field road - then in practice problems in the form of a fine and even evacuation of the walk-behind tractor to an impound lot may well await you.

Pitbike

You can also ride a pit bike without a license, similar to a walk-behind tractor. This is because this type of motorcycle is also not intended for riding on public roads, but unlike a walk-behind tractor, a pit bike for 2021 is not agricultural equipment for household use, but sports equipment.

But in practice, you will still get a hefty fine (the size of the fine is discussed below) for riding a pit bike, even if you have the right to drive a vehicle. The fact is that traffic police inspectors still illegally fine drivers, and pit bikes are taken to the impound lot. Why is it illegal? Because even the Supreme Court ruled that this was illegal. Therefore, such a fine based on this decision can and should be appealed.

Do you need a pit bike license in 2021?

As you can see, the Code of Administrative Offenses refers to the Federal Law “On Road Safety”. It says about rights quite succinctly and extremely clearly:

A driver's license gives its owner the right to drive a vehicle - a device designed to transport people, goods or equipment installed on it on roads...

That is, an indispensable attribute of a vehicle is its purpose for transporting people, goods or equipment on roads. Precisely on the roads. And, if you look at the passport of any pit bike, you will receive clear information that this is sports equipment not intended for use on public roads.

Therefore, a license to drive a pit bike in 2021 is not needed, regardless of engine displacement, because it is sports equipment, not a vehicle.

Important note!

This article provides basic information, but each case is different.
In 92% of all situations there are important nuances that can affect the outcome of the entire case.
An experienced lawyer will study all the materials of the case and indicate in which direction to move.

Therefore, our website employs on-duty legal consultants who delve into each case and are aimed at solving it.

Ask a Question

or consult toll-free (Moscow), (St. Petersburg), 8 (all of Russia).

What vehicles require a license?

Now let's look at common vehicles that you will need a special license to drive. Obviously, we won’t consider cars - they always needed a license and there can be no controversial issues here.

Motorbike

To drive motorcycles you need a license of category A or subcategory A1:

"A" is required if you are riding a motorcycle with a displacement of more than 125cc,
"A1" for motorcycles with engine capacity less than 125 but greater than or equal to 50.

Please note that according to the text of the traffic rules, three- or more-wheeled motorcycles, various types of tricycles with a motorcycle seat and steering, and if their weight does not exceed 400 kg, are covered with the same technical characteristics.

Scooter and moped

Contrary to increasingly thinning opinions among scooter enthusiasts, these vehicles require a license. Moreover, absolutely any category:

“M” is a special category of license for the ability to ride scooters and mopeds, it can be obtained from the age of 16,
“A1” – this category can be driven from the age of 17,
all other categories of rights provide the opportunity to drive this transport from the age of 18.

Scooters and mopeds include two-wheeled vehicles with an engine capacity of up to 50 cubic meters (up to 49.9 cubic meters, at 50 you can no longer drive) and with a maximum speed of up to 50 km/h.

ATV

But for ATVs and similar vehicles, designed, like pit bikes, for off-road driving, a tractor category driver’s license is required. This is a very controversial point, but law enforcement practice in 2021 suggests that if you are caught both on the road and on the ground, you will be fined for lack of driving rights.

Therefore, if you are asking the question “Can I ride an ATV without a license,” then the answer is no, you cannot.

Where can you drive without a license?

Yes, everywhere! But only under one important condition - you have the status of a driver learner. And the driver in this case is training you, and it is he who is responsible for your traffic violations.

But on the merits of the issue, you cannot drive anywhere without a license if a special right is provided for a given vehicle after successfully passing the exams.

Is it true that you can drive through fields without a license?

Not true. Contrary to the popular belief that traffic rules apply only on public roads, and not on country roads and dirt roads, you will need your license everywhere, although there are different opinions on this matter, based on 2 opposite poles.

At one extreme are people who believe that traffic rules apply absolutely everywhere. And to confirm this, they quote from the current traffic rules:

1.1. These Traffic Rules establish a uniform traffic procedure throughout the entire territory of the Russian Federation.

But at the other extreme are off-road enthusiasts who read the definitions of traffic and roads:

road traffic is a set of social relations that arise in the process of moving people and goods with or without vehicles within roads; road – a strip of land or a surface of an artificial structure equipped or adapted and used for the movement of vehicles.

As we see, both opinions have the right to exist. And the second camp, which justifies driving through fields without a license, is opposed by the fact that a road is still a strip of land used for movement. And since we are driving along it in this case, that means we are using... That means the road... That means we are participating in the process of road traffic, and we are required to comply with traffic regulations.

Is it true that you can drive on a race track without a license?

The analogy here is the same as with the ability to control without rights across the field. The autodrome is a closed area. Other traffic rules may be established on it. But they cannot contradict the traffic rules.

In addition, in essence, the above definitions of road traffic and roads, the race track is not an exception to roads and road traffic.

What can you drive without a license?

Not all vehicles require a driver's license. The most common of them are often observed by citizens on the streets.

Roller skates and scooters

Everything here is quite logical. Despite the fact that children (less often adults) use these items as means of transportation, the Rules in force for 2021 do not characterize such road users as drivers.

The traffic rules clearly state that persons on roller skates, scooters and other similar means of transportation are pedestrians. All vehicles without an engine are considered similar items. People remain pedestrians, since movement occurs due to human power. In the event of a collision with such a vehicle, there will be no serious damage.

Bicycles

As of 2021, a bicycle still equates a citizen with a pedestrian. Although the issue of obtaining a bicycle license and registering this vehicle with the State Traffic Inspectorate has been repeatedly considered.

Segway, hoverboard, unicycle

Despite the presence of a mechanism that drives the vehicle, users of such objects remain pedestrians. At the moment, citizens are exempt from the obligation to obtain a license, for example, for a hoverboard. The use of such vehicles on the sidewalk is also allowed.

It is important to know that despite the fact that the State Traffic Inspectorate equates such citizens with pedestrians, lawyers do not classify them as pedestrians. Users of these tools are, from a legal point of view, the drivers of the electric vehicle.

Walk-behind tractor

A walk-behind tractor is considered a more serious vehicle, although it also does not require a license. This fact raises many questions, since sometimes the power of the unit can be compared with the power of a scooter or even a motorcycle.

This type of vehicle causes many controversial situations. Formally, users of such a unit are considered pedestrians. This is explained by the fact that the walk-behind tractor is not intended for driving as such (usually it is driven from the front). Consequently, such a device does not and cannot have a vehicle passport, since it is not officially recognized by them.

However, in the case of driving a walk-behind tractor onto any road intended for motor vehicles, a citizen may well face administrative liability from employees. Inspectors may issue a fine or even evacuate the vehicle to a special parking lot.

Pitbike

A pit bike is not intended for use on public roads (like a walk-behind tractor). In this respect there is no difference between them. Unless a walk-behind tractor is recognized as agricultural equipment, and a pit bike is officially considered sports equipment.

When riding a pit bike, a citizen may also face administrative sanctions. Typically, employees unlawfully subject motorists to financial penalties, even if they have documents. Drivers can and should challenge such fines. The driver's side in this case is protected by the decision of the Supreme Court, which recognized the illegality of the actions of inspectors in similar situations.

What will it be like to drive without a license?

So, the last issue we are considering is the fine for violations due to the lack of the right to drive at all or a certain category (if there is no category, you do not have the right to drive this vehicle, so the fine is the same).

It ranges from 5 to 15 thousand rubles under Part 1 of Article 12.7 of the Administrative Code. This fine is imposed in cases of driving:

on a scooter without any category of license,
on a motorcycle without open category “A”,
on an ATV without a tractor license,
by car without category “B”,
in all other cases when you need the appropriate category to drive this vehicle, but you do not have it in your license.

What is the fine for riding a pit bike on the road?

As of 2021, the law does not provide for a fine for driving a pit bike on public roads at all. But this is legal. In practice, traffic police inspectors try to attract the driver under the following articles:

12.7, part 1 (most often) for driving without the right to drive - a fine of 5 to 15 thousand rubles,
12.3, part 2 (less often) for lack of a driver’s license (if you have the right to drive) - a fine of 500 rubles,
12.1, part 1 (less often) for failure to fulfill the obligation to register a vehicle - a fine of 500 rubles.

But none of these sanctions are illegal. Let's explain why!

As we cited an excerpt from the Code of Administrative Offenses above, in order to apply any fine from Chapter 12 of the Code, the vehicle must have a clear attribute - a special right must be granted to drive it. And the Federal Law “On Road Traffic Safety” says that a special right is granted only to vehicles intended for the transport of people or goods. And since a pit bike is sports equipment, you don’t need a license to drive it.

Accordingly, a fine for not having the right to drive a pit bike is unlawful. And against the backdrop of this fact, fines for the lack of a license and for the lack of registration of a pit bike with the traffic police look completely absurd.

If a traffic police officer tries to fine

In this case, he should try to explain the logical chain of the legal side of this issue. However, if this cannot be done on the spot, such a decision should be appealed on the basis of the unlawful application of the fine due to the lack of corpus delicti.

When appealing (it is better to appeal to the court), as a basis for canceling the fine, cite Resolution of the Plenum of the Supreme Court of the Russian Federation No. 13-AD15-1, which successfully canceled the decision on the above grounds.

Something else useful for you:

Is it legal to drive a walk-behind tractor with a trailer without a license and what is the fine?
Is it possible and how can I pass and get a license for a car and a motorcycle at the age of 16?
Do you need a driver's license for a bicycle with a gasoline engine or an electric motor?