CTP, overtaking and mudguards: lawyers destroy popular myths motorists

© Fotolia / ZinkevychПокупка machineCTP, overtaking and mudguards: lawyers destroy popular myths motorists© Fotolia / Zinkevych

Disputes about the validity of the insurance policy, the details of inspection and other legal issues that clogged thousands of pages of forums. RIA Novosti asked the experts to give clear explanations and to dispel the preconceived myths of the field of automotive law.

Action insurance

Many motorists think that after the expiry of the insurance policy contract with the insurance company continues to have legal force. Include even time — one month. Like, in the case of accidents that occurred during this period, you will only need to extend the insurance period, then the owner will have the right to compensation of damages. In this case, the traffic police is allegedly possible to produce the old insurance policy and to avoid penalties.

There is a practice of a legal challenge to decisions on Affairs about administrative offences, when the inspectors of traffic police was attracting drivers to account for the lack of mudguards. The courts have overturned such decisions as illegal because the machine design does not necessarily presuppose their existence.

By the way, according to the decree of the Russian government dated 05.12.2011 No. 1008 (edition of 03.11.2015) «On the technical inspection of vehicles,» in requirements when carrying out inspection, about checking the rear fenders is not a word.

The completion of overtaking

Another eternal debate: whether to consider an overtaking maneuver started within a discontinuous line and is completed through a continuous movement in the opposite lane? At stake is the most expensive driver’s license, which the staff of GAI tried to select through the courts, and drivers contested their decision by hook or by crook.

© Fotolia / Giuseppe PorzaniМужчина driving carCTP, overtaking and mudguards: lawyers destroy popular myths motorists© Fotolia / Giuseppe PorzaniМужчина driving the car

The point in question put up a new article 9.1(1) traffic Rules, which came into force on 12 July 2017. It says that on all roads with two way traffic do not drive on the lane designated for oncoming traffic, if it is separated tramway track, dividing line, a markup of 1.1 (solid line), 1.3 (two solid) or 1.11 (continuous plus intermittent), a broken line which is located to the left. Now if the driver left for overtaking where it was allowed, and finished the maneuver where prohibited, it will definitely be convicted and lose their rights.

The Commission contract

When you purchase a used vehicle the seller or the buyer often insists, to conclude the deal in the presence of a certain third party for a fee. Allegedly without printing the contract will be considered null and void, and if there are only two signatures on the paper machine is not put on the account in traffic police.

«Currently, at the conclusion of the contract of purchase and sale of car is not required in the contract seals thrift stores and showrooms, — says Marat Amyleeev. — If the contract is two individuals, the contract should be specified a subject (individualized car — make, model, VIN, color, and so on) and cost. The fact of the conclusion of the contract shall be certified by the signatures of the buyer and the seller. Also in the passport of the vehicle in the right graphs of the previous and the new owner must put their signatures».

This information will be sufficient for registration in the traffic police authorities. Buying and selling a car is not a transaction subject to state registration, notarization, so no seals third parties is not required.

Do I need a power of attorney?

On the forums you can often find the debate about whether to issue the power of attorney to manage the vehicle if the insurance policy issued to an unlimited circle of persons. Since 2012 the traffic police no longer ask for authorization from the driver when scanning documents (the requirement was eliminated from the SDA). Since anyone can drive someone else’s car, if in possession of a valid driver’s license, registration certificate and insurance policy. However, until now, motorists perceive the list of people specified in the insurance policy as a list of trusted individuals who are granted the right to operate this vehicle.

© RIA Novosti / Maxim to Bogodeeva in photobacteria insurance policyCTP, overtaking and mudguards: lawyers destroy popular myths motorists© RIA Novosti / Maxim to Bogodeeva in photobacteria insurance policy

As explained by lawyers, the policy with a limited number of persons need only to insurance company correctly calculated the ratios. If the driver is not listed, it cannot control the vehicle as will be considered uninsured and in the event of an accident due to his fault in the payment will be denied. If it will stop the traffic police, it definitely will be a penalty of 500 rubles (part 1 of article 12.37 of the administrative code).

Insurance for an unlimited circle of persons the company insures the liability of all who will be driving, so the attorney in this case on the territory of the Russian Federation is not needed. However, a long-forgotten piece of paper, including notarized, yet can occasionally be useful. For example, if the driver will be forced to go behind the machine on the penalty Parking or to make her registration actions.

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