Law on obtaining a license to drive a vehicle
In 2021, there are 3 main legal acts in force, the provisions of which entail the need to obtain a driver’s license for certain vehicles. This:
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- Constitution of the Russian Federation. Grants citizens the right to free movement.
- Federal Law No. 196 of December 10, 1995 “On Road Safety”. The legal act states that people must move on the roads following a set of certain rules. Their implementation should not infringe on the interests of other people. Article 25 provides the main provisions regarding admission to driving vehicles. Article 26 reflects the conditions for obtaining a driver's license.
- Traffic rules of the Russian Federation. Paragraph 2.1.1 states that the driver is required to have a license with him and must present the document for verification by a traffic police officer upon request.
From the above it follows that a citizen can travel in any vehicle, but only with the appropriate certificate. To obtain it you will need to undergo training and pass exams.
What type of vehicle does not require a driver's license in 2021?
Not all vehicles require a license. In 2021, you may not receive them if you are driving:
- Roller skates or scooters. Mobility devices are not vehicles. Roller skates, skateboards, scooters, and baby strollers do not make the person driving them a driver. The citizen still has the status of a pedestrian (clause 1.2 of the Russian Traffic Regulations).
- Bicycles . Attempts to introduce a driver's license for cyclists have been made several times. There have been proposals to even start issuing state license plates and registering bicycles with the traffic police. The attempt was unsuccessful and in 2021 a driver’s license is not required for this vehicle.
- Mono-wheel, Segway, hoverboard. The devices have a built-in motor. However, they do not require registration. There is no provision in the legislation obliging owners of devices to move only on the roadway. There is also no need for a driver's license for transport.
- Pitbike. This type of motorcycle is also not intended for riding on public roads. The device is recognized as sports equipment. Therefore, rights to it are not required.
What else can you drive without a license?
In the context of the fact that newfangled gadgets have now begun to be released onto the market, in which people actively drive not only along the sidewalk, but also along the roadway, the question has arisen about the rights to them. The state is still ignoring a number of models, even though they are capable of reaching speeds of over 25 km/h. Vehicles that do not require a license include:
- Segway;
- Unicycle;
- Electric scooter;
- Hoverboard;
- Lawnmower;
- Medical wheelchair.
You can drive them without a license for now, but if the owner gets into a traffic accident, they can take strict measures, just like in relation to a motorist.
A furious man driving, as seen from behind the wheel. Shot using a very wide fisheye lens.
But tricycles and ATVs require licenses, which are issued by Rostechnadzor. Buggies and cards are not allowed at all before entering the roadway, and therefore it doesn’t matter whether a person has a license or not (although they don’t), the driver will be fined.
For which vehicles is it necessary to obtain a driver's license?
The main list of vehicles for which you need to obtain a driver's license is reflected in Article 25 of Federal Law No. 196 of December 10, 1995 “On Road Safety”. Rights will be required for:
- Cars. A license is required for both passenger cars and trucks. To operate, you may need to open categories B, B1, C, B, D. It all depends on the presence of a trailer, the purpose of the vehicle, and its weight.
- Motorbike. For control, category A or A1 is required, depending on engine size.
- Scooter and moped. In 2021, vehicles require a license. A category M license must be obtained to ride scooters and mopeds with an engine capacity of less than 50 cubic meters.
- Quad bike. To drive a vehicle you will need a tractor category driver's license. Riding ATVs without a license is prohibited.
What category of transport do scooters and mopeds belong to?
Scooters and mopeds are most often categorized as "M" (mopeds), but powerful scooters and mopeds can be classified as "A1" (light motorcycles), and some maxi-scooters even classified as "A" (motorcycles).
The traffic rules do not contain a definition of the term “scooter”. In paragraph 1.2 of the Russian Federation Traffic Regulations, only two categories of motor vehicles are designated:
- A moped is a two- or three-wheeled vehicle equipped with an internal combustion engine with a displacement of up to 50 cm3 and a maximum speed of no more than 50 km/h. The moped may have an electric motor, in which case its power should range from 250 W to 4 kW.
- “Motorcycle” is also a two- or three-wheeled vehicle whose speed is greater than 50 km/h or whose engine capacity (power) is greater than 50 cm3 or 4 kW.
There are no other legal definitions of motorcycles in the traffic rules. However, in practice, the “moped” category can include a huge range of vehicles - mopeds, motor scooters, electric scooters, mokicks, and powerful electric scooters.
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Since both “moped” and “motorcycle” are classified as mechanical vehicles, their driver, according to clause 2.1.1 of the Russian Federation Traffic Regulations, must have with him and present, upon request of the traffic police officer, a driver’s license confirming the right to drive them. Accordingly, regardless of the engine size of a moped or motorcycle, the driver must have a license.
The relationship between transport categories and driver categories, designated in capital Latin letters (A, B, C, D) is described in paragraph 1 of Art. 25 Federal Law “On Safety...” dated December 10, 1995 No. 196.
To drive a moped (with an engine capacity of up to 50 cm3 and a speed of up to 50 km/h), you must have a category “M” license, to drive a motorcycle (with an engine capacity of more than 50 cm3 or a speed of over 50 km/h) a category “A” license. There is also the “A1” category, which we have already mentioned and will discuss in more detail below.
It is important for owners of mopeds and scooters to remember the existence of clause 7 of Art. 25 Federal Law No. 196, which states that you can drive a moped both with category “M” and any other. This means that if the moped owner has been trained for any other category of transport (motorcycle, car or truck, or even a tram), then the “M” category in his license opens automatically. And there is no additional need to pass exams for category “M”.
But for category “A” such benefits are not provided. That is, if you want to drive a motorcycle or scooter that falls under the “motorcycle” parameters, you will have to undergo training and pass an exam at the State Traffic Safety Inspectorate, even if the driver already has one of the categories open.
Until 2013, there were 5 categories of driver's licenses. Today there are 16 of them. The increase in the number of categories also affected motor vehicles - an additional category “A1” appeared.
Category “A1” gives the right to drive light motorcycles. The difference between a light motorcycle and a regular one is in volume (engine power). Accordingly, a two- or three-wheeler will be classified as a light motorcycle if the engine capacity ranges from 50 to 125 cm3 or the engine power ranges from 4 to 11 kW. It does not matter whether the speed of such a device exceeds 50 km/h or not.
If a driver receives category “A”, then category “A1” opens on his license automatically. At the same time, the presence of category “A1” also allows you to drive a moped.
When does a driver have the right to drive without a license?
Driving without a driver's license is acceptable everywhere, but only if the person has learner driving status. In this case, the person involved in his training is responsible for the student and compliance with traffic rules. In other situations, a license is required if its availability is required for a specific type of vehicle.
There is an opinion that traffic rules only apply on public roads. In all other places, the rules may not be followed, and driving without a license is acceptable. The opinion is wrong. You can be fined for driving without a license anywhere. Clause 1.1 of the Russian Federation Traffic Regulations states that the rules establish a uniform traffic procedure throughout the Russian Federation.
Questions are raised about the possibility of driving without a license on the race track. It is a closed area. Individual rules may apply, but their conflict with traffic regulations is unacceptable. The territory is not included in the list of exceptions. Therefore, a person driving a vehicle to the race track in 2021 that requires a license to drive must have one.
The most difficult thing to figure out is how driving is regulated in areas where there is no road. There is no clear explanation in the legislation. Clause 1.2 of the Russian Traffic Regulations provides the following definitions:
- 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 is a strip of land or surface of an artificial structure equipped or adapted and used for the movement of vehicles. A road may consist of one or more carriageways, as well as sidewalks, roadsides, tram tracks, and dividing strips, if any.
Based on the above definition, it turns out that driving without a license is permissible. However, not all inspectors share this opinion. There is a statement that the road begins where vehicle traffic occurs, regardless of the terrain and its nature. There are cases of deprivation of a driver's license for transferring control of a car in the wild, on the ice of a reservoir, etc. The courts confirm such protocols.
If we adhere to average logic, it turns out that without a license you cannot drive in any area, if it is open to the free movement of other cars and people, and it is visited by citizens or vehicles.
Where can you drive without a license?
If you need to get a driver’s license to drive a vehicle, then you can’t drive it anywhere without a license. The only exception to this rule is when driving during formal training.
If you study the legislative wording, you can establish that traffic rules apply throughout the entire territory of the Russian Federation within the boundaries of roads, and roads are any areas of land developed or adapted for vehicle traffic. Here again the question arises: what is considered land adapted for movement? Is it possible to drive a car without a license, for example, in a field or in a forest? What about on a closed circuit?
Riding in a field or forest
If there is at least a car track laid in a field or forest, then such a section can already be called a road. This means that in this place you need to follow traffic rules, and you will have to bear responsibility for violating them.
If a driver is driving through a field, forest or frozen pond, then theoretically they cannot be held accountable for violating traffic rules. However, in this case, he may be accused of violating some environmental law, perhaps providing for more severe penalties.
Driving on the race track
An autodrome is a closed area intended for driving lessons. Accordingly, those who are traveling with a licensed driving instructor can drive it without a license. Otherwise, the driver will break the law, because the traffic rules also apply to motor racing tracks: there are no exceptions for them.
Do you need a license to drive an electric vehicle?
In the Russian Federation and in the world, transport with an electric motor is gaining popularity. The category includes:
- electric bicycles;
- electric scooters;
- electric scooters;
- electric cars.
The list is not exhaustive. The vehicle is considered environmentally friendly and easy to store. It allows you to save money on buying gasoline. The battery is charged from the mains.
Electric vehicles vary in engine power and maximum speed. Depending on the parameters, you may need to obtain rights. If a person owns an electric scooter or electric vehicle, he must obtain a category M certificate. The relevant norms follow from clause 1.2 of the Russian Federation Traffic Regulations and Article 25 of Federal Law No. 196 of December 10, 1995 “On Road Safety”.
Electric scooters are recognized as mopeds. It is necessary to obtain a category M certificate if the maximum engine power in continuous load mode is more than 0.25 kW and less than 4 kW. The permissible speed cannot be more than 50 km/h.
If the parameters are exceeded, you will need to obtain category A. It applies to vehicles whose speed is more than 50 km/h and whose power exceeds 4 kW.
Category B will be required if a person owns an electric vehicle, the permissible weight of which does not exceed 3500 kg, and the number of seats does not exceed 8.
In 2021 there are bicycles equipped with electric motors. There is no need to obtain a driver's license for transport if the vehicle speed is no more than 25 km/h, and the maximum power in continuous load mode does not exceed 0.25 kW. From the outside it is difficult to determine the above parameters. Therefore, it is better to have supporting documents with you.
You do not need a license to use electric scooters. Sometimes the speed of such devices can reach up to 45 km/h, and the power up to 1600 W. At the moment, the state does not regulate the movement of such vehicles on public roads. People using the device continue to be considered pedestrians. In 2021, it is permissible to ride electric scooters on sidewalks as long as they do not interfere with pedestrians.
Bike
As we know, to drive a bicycle in Russia you do not need to have a driver's license.
But what is a bicycle? What types of vehicles fall under this type of transport? Is an electric bicycle a vehicle that can be driven without a driver's license, or is this type of bicycle classified as a moped? To do this, let's see what the definition of the term “Bicycle” looks like in the current Traffic Rules of the Russian Federation: “Bicycle” is a vehicle, except for wheelchairs, that has at least two wheels and is driven, as a rule, by the muscular energy of persons in on this vehicle, in particular by means of pedals or handles, and may also have an electric motor with a rated maximum power in continuous load mode not exceeding 0.25 kW, which is automatically switched off at speeds exceeding 25 km/h.
As you can see, according to Russian law, a bicycle can have an electric motor, but its power should not be higher than 0.25 kW, and the engine should automatically turn off at speeds over 25 km/h.
Many people know that you can ride a bicycle without a driver's license. Where in the law does it say this? To do this, let us turn to Article 26 “Conditions for obtaining the right to drive vehicles” of the Federal Law “On Road Safety” FZ-196 of December 10, 1995 (with the latest amendments).
As can be seen from Part 1 of Article 26 of this federal law, a driver’s license is not required to operate a bicycle (including those with various engines). Here are the types of vehicles for use in Russia and at what age licenses are issued:
vehicles of category "M" and subcategory "A1" - persons over 16 years of age vehicles of categories "A", "B", "C" and subcategories "B1", "C1" - persons over 18 years of age vehicles of categories " D", "Tm", "Tb" and subcategories "D1" - to persons who have reached 21 years of age in vehicles of categories "BE", "CE", "DE" - to persons entitled to drive vehicles of categories "B" respectively , “C”, “D” for at least 12 months by combinations of vehicles of subcategories “C1E”, “D1E” - to persons who have the right to drive vehicles of categories “C”, “D” or subcategories “C1”, “ D1" for at least 12 months
Responsibility for driving without a driver's license
There is a fine for driving without a license. Its size is 5,000 -15,000 rubles (clause 1 of Article 12.7 of the Code of Administrative Offenses of the Russian Federation). Punishment will be applied if a person is stopped driving a vehicle for which he does not have the appropriate license.
Monetary penalties can be imposed on a citizen who entrusts the driving of a car to a person who does not have the appropriate right. The fine will be 30,000 rubles. The penalty is applied if the owner of the vehicle knew in advance that the other person did not have a license.
What to do if you have problems with the traffic police?
There are quite a lot of inaccuracies and vague wording in this part of the traffic rules, so if a traffic police inspector issues a fine for driving without a license, it can be challenged. For example, according to the resolution of the Supreme Court of the Russian Federation No. 13-AD15-1, pit bike drivers cannot be punished under Article 12.7. In many other cases, it is also possible to challenge the fine.
The first step is to write an application addressed to the head of the traffic police department. If you fail in the first step, you need to go to court. However, sometimes you can win a case only with the support of a qualified lawyer. You can get such help directly on our website. Consultation with an on-duty traffic lawyer is free and carried out online.
Nuances
Non-standard modes of transport deserve special attention. The attitude towards them is more strict. An interesting situation arises with homogeneous walk-behind tractors. If the mechanism is used without a trailer, it is not considered transport and a license is not required. When a trailer is used, the device is classified as a self-propelled mechanism. As a result, in 2021, a tractor driver's license will be required to travel on public roads. Additionally, the vehicle must be equipped with reflective or light-signaling equipment.
Sometimes you can see buggies on the roads. This is a compact car that is designed to travel on moderate off-road conditions. Depending on the purpose of using the vehicle, you may need a license for it. When buggies are used only in sports competitions, the machines are considered sports equipment. A driver's license is not required for transport. They cannot be driven on public roads.
An example is autocross on a buggy. In the Russian Federation they are divided into five classes. The vehicle is considered sports equipment. If you are driving onto a public road, you will definitely need a license. A tractor driver driver's license of category A or A1 is required, depending on the design features (Resolution of the Government of the Russian Federation No. 796 of July 12, 1999 “On approval of the rules for admission to driving self-propelled machines”).
Karts are small cars without a body with open wheels. They are used for racing competitions. Events are held at special venues or tracks. The kart can reach speeds of up to 260 km/h. The vehicle is not intended for travel on public roads. There is no need to obtain a transport license. Sometimes even eight-year-old children participate in the races.
Sometimes a vehicle is assembled at home from spare parts or special kit designs. The assembled cars can be used as sports equipment. In this case, driving on public roads is prohibited. In order to be granted permission to perform an activity in 2021, certification and registration will be required.