Driving almost any vehicle with a motor requires obtaining a certificate confirming the right to drive. Motorized transport is no exception. Driving a two-wheeled vehicle that can reach speeds of up to 50 km/h and has a displacement of up to 50 cubic meters requires the driver to obtain a license.
Violation of this norm entails proportionate administrative liability. For this reason, every owner of a motor vehicle should familiarize themselves with the rules for its use.
What types of fines are provided for riding a moped without a license?
The use of a moped may meet some standards and contradict others. Thus, the state provides a certain system of punishments for drivers of two-wheeled vehicles with a motor.
The most harmless case of breaking the law is that the driver forgot his license at home. If you have a valid license (which is easy to determine from the database), the driver will be fined 500 rubles.
More serious violations are sanctioned according to the following scheme:
- A financial penalty in the amount of 5 to 15 thousand rubles, depending on the accompanying circumstances, is provided for: driving a two-wheeled vehicle equipped with an engine in the complete absence of a driver’s license;
- availability of an expired document confirming the special right to manage;
- driving a motorcycle and other motorized equipment by a person under 16 years of age.
- driving two-wheeled vehicles with a motor, provided that the driver has been deprived of his license (in this case, it is also possible to impose administrative arrest on the offender);
Thus, the decision to drive a motorcycle without taking into account the law can lead to costly consequences. You should use motor vehicles only in accordance with current standards and regulations.
What is the fine for riding a motorcycle without a license in 2021?
If the owner of the moped disagrees with the charges, representatives of the road services are obliged to provide evidence on the basis of which the decision was issued. Witness testimony, photo and video data can serve as justification for the legality of actions. In addition, in large cities, many buildings are equipped with security cameras, the recordings from which will leave no doubt as to which of the dissenting subjects is right.
The driver of a moped is a full participant in the road traffic, which involves following all established rules. In case of violation of the requirements, owners of light motor vehicles risk facing various types of liability.
You cannot neglect safety standards, considering a moped easy to drive. Overestimating your own capabilities often becomes the cause of accidents on the road. It is important to monitor updates in legislation and approach driving a moped with full awareness of responsibility to other road users.
- Forgot your license at home - 500 rubles;
- didn’t get a license and got behind the wheel - up to 15,000 rubles;
- no required category - up to 15,000 rubles;
- went after deprivation - 30,000 rubles;
- let a minor drive - 30,000 rubles;
- gave the steering wheel to a driver without a license - up to 30,000 rubles.
Igor Mirzoev, lawyer
A driver who has been issued a fine has two ways to appeal it:
- send a complaint to the head of the traffic police department, which issued the fine. This can be done within 10 days from the date of signing the protocol;
- file a complaint against the decision in court. In my experience, this option works better.
In the case of driving without a license, there is little chance of appealing the fine. If the driver forgot his license at home or it does not have the required category, this is a clear violation. A lawyer can only draw the court’s attention to procedural errors, for example, in the date and place of drawing up the protocol.
Is it possible to drive a 49-50cc moped without a driver's license?
According to the current legislation of the Russian Federation, driving a moped with a displacement of 50 cubic meters is prohibited. This rule is explained by innovations that appeared several years ago.
The obligation to obtain a driver's license for low-power passenger motor vehicles was established shortly after the adoption of Federal Law No. 92 on May 7, 2013. As a result of updating legislation, Federal Law No. 196 introduced new categories of driving in Russia (they are recorded in Article 25 of this law). Drivers can familiarize themselves with the rules for obtaining each in Article 26.
Also in 2014, Government Resolution No. 1097 introduced the obligation to obtain licenses for mopeds and scooters. To be able to manage these types of transport, you can get it if you have some open categories: “A”, “A1” and “M”
Category "M" includes mopeds, quadricycles and scooters. It is worth noting that currently some motorized bicycles can also be classified in this category (provided that their power is not inferior to that of scooters).
A vehicle can be accurately classified as category “M” based on the following characteristics of the vehicle:
- electric motor power ranges from 0.25 to 4 kW;
- the volume of the internal combustion engine does not exceed 50 cubic meters;
- the vehicle cannot reach a speed of more than 50 kilometers per hour.
Therefore, in order to legally drive a moped, you must obtain an official driver's license.
You can do this in two ways:
- Obtaining a category through a special training program. According to part two of Article 26 of Federal Law No. 196, persons over 16 years of age can begin training.
- Obtaining an open category “A” or “B”. The presence of categories of these types allows the legal use of vehicles of category M.
The driver can choose any method at his discretion. Both options are equally effective for obtaining the right to drive a moped.
Fine for driving without a license in 2021
Previously, any teenager without any special licenses could drive a scooter up to 50cc. However, legislation has now tightened the requirements for driving such mopeds. And to manage them you must have a certificate with category M, or with any other category.
Also, only those persons who have reached 16 years of age can operate a scooter.
There is no need to register a scooter with a capacity of up to 50 cubic meters yet; accordingly, it is also not necessary to take out a compulsory motor liability insurance policy, but you can if you wish, because statistics show that the accident rate of this vehicle is very high. If you get into an accident on a scooter without compulsory motor liability insurance, you will have to pay compensation for damages due to your fault out of your own pocket.
You can ride without a license while driving a motocross moped. The latter are quite powerful vehicles. However, you can only ride them on special sports grounds or in a field where there is no road, since they are classified as sports equipment. It is prohibited to drive such mopeds on the public road surface.
Driving scooters that have a 150cc engine requires a more difficult category. Here you will need to obtain a category A driver's license. Such scooters are equivalent to motorcycles. Driving such motor vehicles is only possible for those who have reached 18 years of age.
Category A allows you to drive all possible types of two-, three-, or four-wheeled vehicles with a weight not exceeding 400 kg. However, it excludes the right to drive a car.
In addition to obtaining category A for driving a moped or scooter with a capacity of 150 cubic meters, the driver must:
- Pass a technical inspection.
- Take out an MTPL insurance policy.
It is also mandatory to wear a helmet when driving such a vehicle.
Riding a scooter without a license, as well as driving any other motor vehicle, is punishable by law. If you are stopped by a traffic police officer without the appropriate documents, the fine can range from 5 thousand to 15 thousand rubles. If you simply forgot your license at home and can prove it, the fine will be 500 rubles.
If you were driving a moped without a license, in addition to a fine, you face being suspended from driving your vehicle, and your moped will also be taken to an impound lot, for which you will also have to pay in the future. Only a person who has a driver's license can pick up a scooter from the impound lot.
Most often, scooter drivers are also fined for:
- Driving by a teenager under 16 years of age (if a teenager under 14 years of age is driving, the fine is issued to his parents).
- Loss of driver's license.
- Expired driver's license.
Often, in the absence of a license, the driver argues that he has lost it. However, the loss of a certificate must be registered at the Department of Internal Affairs, where the owner is issued a temporary certificate. And after 60 days, new licenses are issued. Expired licenses are also punishable by fines.
Scooter licenses are issued by the traffic police, at the place of application, i.e. you choose the traffic police department that is most suitable for you, where you first take exams and then receive your driver’s license.
Category M rights are issued to persons who:
- Already reached the age of 16 years.
- Received appropriate training.
- Have a medical certificate.
- Successfully passed theoretical and practical exams.
When inspectors detain citizen drivers, they check for papers. At the same time, they ask about the reasons for the lack of documents. In practice, people often forget important things at home.
The driver's license is small in size and easy to leave in a jacket, another wallet, or on a table by the door. There are many options and it’s a shame if a traffic police officer stops you, but you don’t have your driver’s license with you.
A traffic police officer detained a person who did not previously have a license. But driving a car. It turns out that the citizen learned to drive privately, without driving schools or exams. When he was detained, he had nothing to show, no documents. A person can buy a car and be listed as the owner. There are no restrictions by law. Then in the traffic police system the citizen is indicated as the owner of the vehicle.
Most automated machinery is considered dangerous and requires a permit to operate. Especially when a person leaves the road. Then he is considered a full-fledged participant in the movement, and accordingly bears equal responsibility with other drivers. Traffic rules apply to everyone equally and allow you to maintain order.
For example, cyclists are asked to wear bright, reflective jackets at night and to keep their lights on when riding on the highway. So that others can see them clearly . However, a bicycle license is not required.
A motorcycle is a different matter. Although it looks a little like a bicycle, it has a motor and moves much faster.
According to paragraph 1.2 of the traffic rules, a moped is a 2/3 wheeled vehicle:
· capable of reaching a speed of 50 km/h. (maximum);
· or equipped with an internal combustion engine (50 cubic meters in size)/electric motor (with a power of 0.25-4 kW).
These characteristics are reflected in the documents. Scooters are not specifically described in the traffic rules . In practice, they are equivalent to motorcycles, more often to mopeds (depending on the power and size of the mechanism).
For mopeds/low-power scooters (whose scale is 50 cubic meters maximum) you need a driver with an “M” category. There is no need to open it additionally if the motorist is experienced and has any view within the “A-D” range. If not, you will need “A” (when the scooter is more powerful than 125 cubic meters, “A1” - weaker than 125 cubic meters).
A scooter license has been required since 2014. The fact is that on December 10, 2012, a bill was introduced for consideration to amend the Federal Law “On Road Safety”. The regulatory legal act was approved on November 5, 2013. However, the document came into force only a year later. Those interested were able to enroll in a driving school to obtain a driver's license for low-power vehicles.
In 2021, to drive a scooter, you need a license of category M (scooter engine capacity is not more than 50 cc), A1 (scooter engine capacity is more than 50 cc and less than 125 cc) or A (scooter engine capacity is more than 125 cc). It all depends on the engine power.
The cost of training at a driving school includes theory, practice and subsequent support at the traffic police. However, the cost of obtaining a scooter license varies significantly. The indicator is influenced by:
- the region in which the training takes place;
- demand for the service;
- composition of the service package;
- category of rights that a citizen wants to receive.
The cost of obtaining a license for a scooter in 2021 varies from 10,000 to 30,000 rubles.
You can find out the exact price by contacting the selected educational institution directly.
In Belarus, approximately the same rules apply as in the Russian Federation. To operate a scooter of any type, you will need a license. If the engine capacity is less than 50 cubic centimeters, you will need an AM license. For a maxiscooter, you must have a category A license.
In Ukraine, you also need to obtain a license to drive a scooter. If the engine displacement is less than 50 cubic centimeters, an A1 license will be required. In all other cases, a license A is required. Other categories do not give the right to drive a scooter.
Changes in legislation
Until 2013, the Code of Administrative Offenses of the Russian Federation did not include a separate article devoted to driving a moped without a driver’s license. The next change to the legislation was made in 2021. According to the innovations, all scooters and motor scooters with a displacement of up to 50 cubic meters were equated to mopeds. The final modifications to Article 12.7 appeared in legislation only in 2021.
According to current legislation, you can only drive a bicycle, unicycle and Segway without a driver's license. It is also possible to travel on an ATV and a specially equipped lawn mower (if necessary, crossing the field).
Important to know : sports and cross-country mopeds can be driven without a driver's license. This is explained by the fact that driving this vehicle on regular roads is prohibited. This type of sports equipment can only be used in specially equipped areas.
Riding a scooter without a license by a person who does not have a driver's license
If a motorist forgot his driver's license at home, then the case of detention cannot be called critical. Perhaps the moped driver will even be able to avoid punishment. Depending on the circumstances of the events, the inspector may limit himself to a warning.
To avoid punishment, the owner of the vehicle must quickly respond to the inspector’s actions and try to convince him that he has a driver’s license. To do this, you can ask acquaintances, friends or other third parties to bring documents to the place where the inspector stops. If the driving license is not provided, the traffic police officer will issue the driver a fine in the amount of 500 rubles in accordance with part three of article 12.3.
Responsibility for driving by a person without a driver's license
In the vast majority of cases, moped drivers who do not have the right to operate this type of vehicle are held accountable. This dynamics is due to the fact that not all owners of light motor vehicles have become familiar with the updates in the legislation and have taken care of opening the required driving category.
In any case of violation of the regulations, the person driving the moped will be held legally liable.
There is the following system of sanctions for the lack of rights corresponding to light motor vehicles of the category:
- a material penalty in the amount of 5 to 15 thousand rubles in accordance with part one of Article 12.7 - for lack of a driver’s license;
- a material penalty in the amount of 30 thousand rubles, compulsory labor for a period of 200 hours or administrative arrest for 15 days in accordance with part two of Article 12.7 - for driving in the presence of the fact that the driver has been deprived of the special right to drive a vehicle.
In addition to being held accountable under this article, government officials are guided by provision 27.13. This article regulates the procedure for detaining a vehicle and moving it to an impound lot. The driver will be able to pick up the vehicle only after the case is closed under Article 12.7 and full payment has been made for transporting the vehicle to the impound lot and for its storage.
Note to drivers! What is the fine for driving a scooter without a license and what can you ride without documents?
Category M also includes bicycles with an engine, if their power ratings are the same as those of scooters.
These are, for example, mopeds that are used for motocross - their use does not require a driver’s license, since they are classified as sports equipment, therefore, no matter how many cubes the “iron horse” has, a license is not required for it. But you cannot ride motocross mopeds on public roads .
The need to obtain a license to drive a scooter or other small vehicle arose after the adoption of Federal Law-92 of 05/07/2013. Additional categories of vehicles were introduced Art. 25 FZ-196 and conditions for obtaining management rights for each category of Art. 26 of the same law.
Moped without title (read more...)
I have a question: is it possible to move around the city on a 49 cc moped? cm with the appropriate rights and age, but without the title of the moped, only a purchase and sale agreement that will be issued in my name?
Even without a PTS, you can sign up for a DSAGO (voluntary insurance) agreement, where you can choose the insurance limit within which the damage will be compensated in the event of an insured event. To do this, you need documents confirming your ownership of the moped. And one more thing: be prepared that some insurance companies will refuse to insure a moped (scooter, etc.), since they simply do not have such practice.
Moped without title
How can you find a legal entity (for the sale of a moped), which is currently liquidated. I bought a moped without a title and now I need a legal one. find a person to restore the title or sign a purchase and sale agreement. Thank you.
If a legal entity is liquidated and does not have a legal successor, then naturally you will not be able to find one. Therefore, if you do not have any documents, I recommend that you simply go to court and file a claim to recognize the ownership right at the moment and based on the court decision you will receive a new title without any sales contracts.
Motorcycles without a license (read more...)
My son was stopped by traffic cops on a 149cc Planet West moped. At the moment he is studying for category A 1. Did the traffic police have the right to pick up a motorcycle for a parking fine without his parents if he is not a full year old?
Good night, Ilya. Yes, traffic police officers have the right to detain your motorcycle in order to prevent the commission of an administrative offense. Article 27.13. Code of Administrative Offenses Detention of a vehicle. However, there are a number of nuances, so more complete information on your question is needed. Good luck.
Motorcycles without license
Part 1 of Article 12.7 of the Code of Administrative Offenses of the Russian Federation 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.
I didn’t give way to the motorcyclist, I am deprived, he also has no rights to eat victims. The passenger on the motorcycle had a broken leg, the driver of the motorcycle had broken ribs and had lung surgery. What should I expect?
Driving without a license for minors, responsibility and involvement of parents
A moped, as a low-power vehicle, is often used by teenagers. In most cases, the parents of the person approve of this type of activity of the minor citizen and sponsor him. However, it is necessary to remember: since minor citizens cannot bear full responsibility for their actions, it is the parents of the offender who will be held accountable before the law. Thus, the amount of financial penalties for representatives of a citizen is determined by Article 12.7 and is 30 thousand rubles.
Driving a moped by a teenager under 16 years of age without the appropriate certificate may result in the case being referred to the Commission on the Rights of Minors. This circumstance will significantly aggravate the situation and entail additional proceedings. In order to avoid this type of liability, parents should not encourage the teenager’s illegal activities related to driving a moped.
Driving documents
To have access to travel on light motor vehicles with a capacity of up to 50 cubic meters, the driver must have the appropriate documents with him. Since the vehicle under discussion is considered low-power, it does not need to be registered with the traffic police. It is enough to have a driver’s license of the appropriate category and a document confirming the right to own movable property (purchase and sale agreement).
If the moped has a working volume of more than 50 cubic meters and is capable of maintaining a speed limit of more than 50 km/h, its owner needs:
- Go through the procedure of registering a vehicle with the State Traffic Inspectorate.
- Obtain a license with which you can freely drive a category “A” vehicle.
- Have a driver's license for category "M".
- Be prepared to provide a document confirming the purchase and sale of a car.
Thus, the set of documents for a moped is determined by its characteristics and technical capabilities.
Traffic regulations requirements for driving a vehicle
You can avoid trouble when driving a moped by following established standards and requirements. It is worth noting that the requirements for drivers of scooters and mopeds are similar to each other.
Owners of both of the listed vehicles must comply with the rules set forth in the following legal provisions:
- Part two of Article 26 of Federal Law No. 196. Sets the age limit for moped drivers to 16 years.
- Regulation 24.7 of the traffic rules . Regulates the regulations for the position of mopeds and scooters on the frequency converter. Slow-moving two-wheeled vehicles should only move from the right edge, without interfering with more powerful vehicles. Riding is permitted in areas designated for cycling or on the side of the road, as long as this does not interfere with cyclists or pedestrians.
- Section 22.2(1) of the Road Traffic Regulations . Carriage of passengers is permitted only to drivers with more than two years of driving experience. At the same time, owners of scooters must have category “A” or “A1”, and owners of mopeds must have “M” and higher.
- Clause 24.8 of the Rules of the Road . The carriage of passengers is permitted only if the vehicle is designed for these purposes. It is also prohibited to transport children under 7 years of age without additional safety equipment.
- Clause 20.4 of the Rules of the Road . Mopeds cannot tow other vehicles, as this action is extremely dangerous.
In addition to the specified special points, moped drivers are required to follow all traffic rules. Ignoring traffic rules is the cause of most accidents on the roads involving mopeds and scooters.
Why you can’t provide an inspector with someone else’s ID
Presenting someone else's driver's license is a big mistake that you should not make. The fact is that for providing someone else’s driving document, the violator will face not administrative, but criminal liability.
A similar offense is recorded in Article 327 of the Criminal Code of the Russian Federation.
The traffic police inspector has every right to impute one of the two charges implied by this provision:
- Forgery of documents - part one of Article 327. Punishment under this paragraph involves the following possible sanctions: restriction of freedom for a period of up to 2 years;
- forced to work for a period of up to 2 years;
- arrest for six months;
- imprisonment for a period of up to 2 years.
- restriction of freedom for up to one year;
If someone else's driver's license is presented, the vehicle will most likely be towed to a parking lot.
Are you deprived of your license on a scooter?
“A person who drives a moped is a full-fledged participant in traffic,” comments lawyer Ekaterina Antonova. — He has the same rights and responsibilities as other drivers. He is obliged to comply with traffic rules, and if he violates them, he may be subject to administrative and even criminal liability.”
One of the forms of liability for violating the rules, as well as causing harm to the property of other people, is deprivation of a driver’s license. Only a court can prohibit driving for up to three years. But if the decision is made, the driver cannot use any vehicle, not only a moped, but also a motorcycle or a car.
During the period of punishment, he must become a pedestrian or switch to public transport, and in order to return the document, he must pass an exam on his knowledge of traffic rules.
Controversial situations of violations: what to do
One of the most common disputes involves driving on the side of the road. Owners of light motor vehicles use this part of the road without thinking that the inspector may hold them accountable for this. The fact is that riding a moped on the side of the road is allowed only if there are no pedestrians. Otherwise, a representative of the road service classifies these actions as creating obstacles to other road users.
In this situation, the moped driver can only attempt to prove that pedestrians suddenly appeared on the side of the road. It is also worth referring to the lack of intention to interfere with pedestrian road users.
The justification for driving on the right side may also be the presence of a serious accident on the roadway. Due to the large congestion of cars, the moped driver could easily take advantage of the opportunity to move along the side of the road.
Turning and turning maneuvers
The second controversial situation is the need to make U-turns and left turns. According to traffic regulations, these maneuvers are prohibited for moped drivers in cases where the road has two or more lanes in one direction. To avoid trouble if it is necessary to turn, the moped driver can cross the intersection by getting off the vehicle (like a pedestrian using special crossings).
How to avoid evacuation of a moped
If the driver violates the rules and requirements of the Traffic Rules, the owner of the vehicle may face not only a fine, but also the need to evacuate the car. You can avoid problems resulting from transporting a moped to the impound lot by calling. If among the driver’s acquaintances there are people with rights of the required category, they may well come to the place of detention and pick up the vehicle.
At what age do you get a scooter license?
Another difference between category “M” and category “B” is the age at which you can get a “crust”. According to the law, girls and boys can learn to drive a car from the age of 16. They have the right to take a course at a driving school, practice driving with an instructor on the streets of the city, and can take an exam.
But you can only get permission to get behind the wheel and become a full-fledged participant in traffic if you are 18 years old. Previously, the law did not allow it, even if the exams were passed perfectly.
But a document of category “M” can be obtained from the age of 16. Therefore, if a young man wants to get behind the wheel as soon as possible, he can start with it, and choose a motorcycle or scooter as his first vehicle. The only restriction is for medical reasons. The cadet must undergo a medical examination and obtain certificates stating that there are no medical restrictions for driving a vehicle.
pixabay.com/Dominic Alberts