Driving rules under a purchase and sale agreement. How long can you drive a car under a purchase and sale agreement? What the law says

How many days can you drive without insurance under a sales contract? The answer to this question is unambiguous - the period during which after purchasing a car you can not buy compulsory motor insurance is 10 days.

However, many indirect questions arise related to such trips. What documents besides the commercial agreement must be provided? Is it necessary to purchase a CASCO policy at the salon? What is the penalty for violating the deadlines for issuing a policy and how is liability distributed in the event of an accident?

We will try to answer these and other questions in our article.

The standard package of documents presented to the inspector for inspection includes a vehicle, insurance, and a driver’s license. Accordingly, in most cases, the driver does not have time to immediately obtain a new vehicle registration certificate and take out insurance for a new car. He has a DCP and a vehicle passport in his hands.

It will be enough to show the inspector only the contract and rights. PTS is not needed. In theory, you can forge a contract and constantly show it to the police. However, it is better not to take such risks, since this is equivalent to forgery of documents and may result in criminal penalties.

In-show purchase

When purchasing a new car from an official dealer, a citizen usually immediately purchases insurance from the seller’s partner company. But not everyone knows that doing this is not at all necessary.

You can refuse intrusive offers to purchase CASCO or MTPL and insure your purchase later, with the insurer that inspires more confidence, at a time convenient for you.

Responsibility

We found out how long you can drive under a purchase and sale agreement. But what happens if a traffic police inspector stops a driver who has not met the legal deadline for processing documents?

If you have insurance, but the registration deadlines are violated, then the fine will be 1,500 - 2,000 rubles, and if in addition there is no insurance, you will have to pay an additional 500 rubles.

In this case, the car will not be taken to the impound lot, just as license plates will not be removed.

Consequences in case of an accident

Despite the small penalties for lack of insurance, the driver should still take care of purchasing a compulsory motor liability insurance policy in order to protect his money. , only by agreement, theoretically it is possible, and the fines for such things will be small. But does the driver need such a risk? Indeed, in the event of an accident, he will be obliged to compensate the damage to the other party (which often exceeds several hundred thousand) from his own pocket.

Thus, we answered the question of how long you can drive without insurance under a sales contract in 2019.

A new vehicle owner needs to insure his car. Traffic rules stipulate

Current legislation clearly defines the period during which insurance must be taken out when purchasing a car under a sales contract. In our article we will look at how many days a car owner has to conclude an insurance contract under MTPL after purchasing a car.

A transaction for the purchase of a new or used car is formalized by a purchase and sale agreement, abbreviated as a contract. The owner of the car is required to insure his civil liability before registering the vehicle with the traffic police for 10 calendar days.

The period is calculated in calendar days, not working days. Having issued a policy for a car before weekends or holidays, the car owner will have fewer days after purchasing the car to complete the insurance procedure.

According to current legislation, 10 calendar days are also allocated for registration with the traffic police from the date of purchase of the vehicle. If you do not have an MTPL policy, your car will not be registered.

If the car owner does not register the car with the traffic police within ten days, then for exceeding the time limit established by law:

• for the first time, an administrative fine of 500 to 800 rubles is provided;
• the second time, either a 5 thousand ruble fine or deprivation of rights for a period of 1 to 3 months.

The size of the sanction is determined only by the court.

Thus, the purchased vehicle should be insured under compulsory motor liability insurance and then registered with the traffic police no later than 10 days from the date of purchase, formalized in a sales contract.

Should I drive a car before taking out a policy?

Expert opinion

Natalya Alekseevna

For the lack of compulsory motor third party liability insurance, the driver incurs administrative liability.

The traffic police officer will fine him 800 rubles. A car owner will be able to take out a policy only after taking ownership of the car. Therefore, many drivers are interested in all the nuances of the MTPL insurance procedure for a new car.

What to do if additional supplements are imposed on you.

The question that generates a lot of discussion on automobile websites is whether the driver of a new car can drive it before purchasing a car license for the 10 days required by law.

Many lawyers and traffic police officers refer to the fact that in traffic legislation all situations are divided into two types:

• machine control;
• "static" state of the vehicle.

Since the Law on Compulsory Motor Liability Insurance only states that the car owner must insure the car, and says nothing about driving it for 10 days, then, in their opinion, it is absolutely forbidden to drive the car before purchasing insurance.

The Supreme Court of Russia finally clarified the controversial issue. Considering a similar case, he made a court decision that the driver has the right to drive the car before purchasing insurance for the 10 days required by law.

Thus, the car owner can drive without insurance under a sales contract for a 10-day period.

If the car is stopped by a traffic police inspector, the driver presents a copy of the DCP along with the required documents. The police officer will make sure by the date of signing the contract that the period specified by law for obtaining a motor vehicle license has not expired.

When the driver who caused the traffic accident does not have a motor vehicle license, he will have to pay with his own money for the repair of his car and the injured driver’s vehicle. The cost of compulsory insurance will cost the car owner several times cheaper than repairing an expensive foreign car.

Options for obtaining a car title for a new car

Knowing how long you can drive a purchased car without insurance, the car owner will be able to choose his own insurer. This right is provided for by law. He needs to read in advance the reviews about the work of insurance companies that drivers leave on forums or websites.

If you take the car from your hands.

When buying a new car, the owner chooses one of the insurance options:

1. An insurance company agent working in the salon.
2. Via the Internet, having arranged courier delivery of the policy to the salon.
3. . It is equivalent to a traditional paper document. The law allows you to present an electronic document to traffic police officers directly on a smartphone or other gadget. They check the validity of insurance on the RSA website or the IMTS network of the Ministry of Internal Affairs. Then they print it out on a regular printer and take it with them.

When a happy car owner wants to drive after buying a car without purchasing MTPL insurance, then his decision is completely legal. He will show the traffic police inspector the DCP.

The document serves as confirmation that the 10 days for obtaining a motor vehicle license, which are provided for by law, have not yet passed. Only, responsibility for damage caused during a road accident falls entirely on the driver who does not have a car license.

Options for obtaining insurance for a used car

Many drivers are interested in whether it is possible to drive without insurance if they bought a used car. There is no difference between buying a new and used car.

From the date of signing the policy, the car owner is given 10 days by law to purchase the policy. The buyer of the car must take out a car insurance policy for himself, despite the fact that the Seller’s insurance has not yet expired.

Having entered himself into the Seller’s insurance as a person entitled to drive, he will not be able to register the car in his name with the State Traffic Safety Inspectorate. The owner of the car must provide compulsory motor liability insurance issued in his name. The seller should contact their insurance company to request a refund for the unused policy period.

Car registration procedure.

To extend the period for obtaining compulsory motor insurance after purchasing a used car, sometimes drivers resell it to the former owner and then buy it again. But before rewriting the DCP, you need to be sure that he will not submit an application to the MREO STSI to deregister the car without warning you about it.

After all, until he deregisters the car, letters of happiness about the need to pay a fine for traffic violations recorded by the camera will be sent to his address. And he will have to pay the toll for the car.

There is a risk of facing restrictions on car registration. It arises if the Seller has arrears of alimony or fines. The procedure for lifting restrictions sometimes takes from several months to six months, during which you are not allowed to drive a car. Therefore, it is better not to delay re-registration of the car.

How long does the insurance procedure take?

An MTPL insurance policy for a new car can be issued by an employee of the insurance company or via the Internet very quickly. In this case, a diagnostic card is not needed.

To insure a used car, you will need a valid diagnostic card. When its validity period comes to an end, you need to do a technical inspection to obtain insurance.

The driver will need the following

• passport;
• driver's license;
• car registration certificate.

Since the vehicle license is issued before the vehicle registration procedure, the new car does not yet have license plates. Having registered the car with the traffic police and received registration plates for it, the car owner needs to drive up to the insurer to add them to the car policy, as well as the insurance contract.

Thus, after spending a small amount of time, the driver will insure his civil liability. Thus, he will avoid penalties for the absence of a mandatory document - a motor vehicle policy. When he causes a traffic accident, his insurance company will cover the material damage caused to the injured party.

Bottom line

Having taken ownership of the car, the driver has a 10-day period to purchase an MTPL policy. During the designated period, he has the right to drive a car. He needs to carry a copy of the purchase and sale agreement in his car.

The document should be presented to traffic police inspectors during the document check. This way you will be able to avoid fines for not having a vehicle license. The driver has the right to choose an insurance company independently.

But you shouldn’t delay the insurance procedure under MTPL. After all, in the event of an accident, you will have to cover all the damage from your own pocket. We wish you good luck on the roads!

How long can you drive under a car purchase agreement? This question worries many drivers who do not have time to register their vehicle. The legislator has determined the period during which all necessary formalities can be completed.

Legal basis for driving under a car purchase and sale agreement

The question of the validity period of a car purchase and sale agreement seems incorrect if we consider it solely from a civil law point of view. According to Art. 425 of the Civil Code of the Russian Federation, the duration of the contract is determined by agreement of the parties. Or it is valid until the termination of the obligations arising from it. In relation to the turnover of vehicles, the question of how long a car purchase and sale agreement is valid is posed in relation to the period in which the car may not be registered.

Is it possible to drive under a purchase and sale agreement? This is a common question, and it is decided in favor of the driver. Within 10 calendar days, the car owner has the right to drive a vehicle without receiving a registration certificate in which his name will be indicated. This rule is established by clause 4 of the Rules for Registration of Motor Vehicles, approved by Order of the Ministry of Internal Affairs of Russia dated November 24, 2008 No. 1001 (hereinafter referred to as Order No. 1001), and 10 days are counted from the moment:

• purchase (actual transfer or contract date);
• customs clearance;
• deregistration of the vehicle by the previous owner (if, before the vehicle is registered by the new owner, it has not been deregistered by the previous owner, then registration for the new owner is carried out simultaneously with the deregistration of the vehicle).

The driver is encouraged to register the car by being liable in the form of a fine for an expired car purchase and sale agreement. It is established by two articles of the Code of Administrative Offenses - 12.1 (for driving) and 19.22 (for late registration). Traffic police officers, when drawing up protocols, often, based on the severity of the offender’s guilt, choose whether to impose a more or less high fine on him. The form of guilt for these violations can only be intentional.

Thus, in the decision of the Krasnoperekopsky District Court of Yaroslavl dated November 20, 2015 in case No. 12-212/15, liability was excluded because the new owner of the vehicle was hospitalized.

How to draw up a contract

Quite often, the seller and buyer do not draw up an individual contract and simply fill out a standard form. There is no place for an expiration date. The standard conditions for this standard form would be:

• description of the transaction object, including make, color, engine numbers and other identified parts;
• transaction price;
• an indication that the vehicle is transferred free of the rights of third parties;
• year of issue;
• vehicle passport data.

In addition, the parties can add any conditions they need to the agreement. So, if a car is mortgaged, one of the conditions may be the seller’s obligation to obtain the consent of the mortgagee. Additional conditions may be:

• transfer of vehicle accessories;
• an indication of the procedure for resolving disputes when faults are identified;
• obligation to move the car to the required address.

More information about the required rules for drawing up an agreement can be found in the article “What are the essential terms of a purchase and sale agreement.” The price in the contract will not be an essential condition unless the parties specifically agree on it, but indicating it will help avoid disputes in the future.

Contract time

The parties, based on the rules on freedom of contract, can set any period of its validity acceptable to them. Nevertheless, the question of how long a car purchase and sale agreement is valid can be resolved from two points of view:

• the period determined by the parties to fulfill all ensuing obligations;
• the period during which the vehicle is not required to be registered.

If the parties decide to prepare an agreement on their own project, then the validity period of the purchase and sale agreement is indicated in a separate article of the document and is determined:

• or a specific period (it can be determined by a specific date or the number of days, months or years that must pass from the moment of its conclusion);
• or the fulfillment by the parties of all obligations stipulated by the agreement.

In most cases, sales contracts are completed by handing over the vehicle at the time of signing, so there is no specific deadline. Sometimes in practice situations arise when the parties determine the duration of the contract to be less than 10 days. This does not mean that the driver cannot drive during this period. Ownership has passed and the agreement factor does not affect the driver's capabilities.

According to the norms of clause 4 of the Rules, approved by Order No. 1001, it is necessary to determine the period for purchasing the car. The expiration of the contract will not affect the ability to register the car.

Acceptance certificate for the contract

Regardless of the validity period of the contract, the main document confirming the date of acquisition will be the acceptance certificate. The required period will be counted based on it. When drawing up the act you need:

• clearly describe the transferred object;
• indicate the date and place of actual transfer of the vehicle (if transportation is required, the contract date and the date of transfer may differ significantly).

The deed can be printed or handwritten, as long as the terms are clear to both parties. The car must be transferred in reality, the formal drawing up of the act and the absence of the fact of transfer of the right to own and use the car will become the basis for refusal to prosecute (see the resolution of the Tyumen Regional Court dated March 12, 2018 in case No. A4-120/18). It is possible to prove that the actual transfer did not take place through testimony.

How long is the additional agreement to the contract valid?

Some drivers believe that extending the contract with an additional agreement will be a good way to avoid liability. With such a document you can change the date of actual fulfillment of the obligation to transfer the car.

When registering a car with the traffic police you will need to present:

• contract;
• agreement to it.

In this case, the risk of being held liable is reduced. The text of the agreement can be simple and consist of 2-3 conditions:

• change the date of actual transfer of the car;
• leave other conditions unchanged.

It should also be taken into account that the statute of limitations for bringing to administrative responsibility under Part 1 of Art. 19.22 and 12.1 of the Code of Administrative Offenses of the Russian Federation is 2 months and is calculated after 10 days from the date of actual purchase of the car. Accordingly, if the vehicle was registered outside the 2-month period, the risk of being held liable is excluded (see the resolution of the Supreme Court of the Russian Federation dated January 12, 2015 in case No. 86-AD14-8).

What is the penalty for an expired sales contract if the period for registering a car has expired?

In Art. 12.1 of the Code of Administrative Offenses determines what fine a driver will have to pay for an expired purchase and sale agreement if he did not manage to register the vehicle with the traffic police in a timely manner and drove out onto the road. The gradation of sanctions is as follows:

• For the first violation, the fine will be in the range from 500 to 800 rubles. (Clause 1 Article 12.1).
• In case of repeated violation, the fine will increase to 5,000 rubles. Instead, the driver may be deprived of the right to drive a car for a period of one to three months.

In addition, liability may arise under Art. 19.22 Code of Administrative Offenses of the Russian Federation. It applies to violation of the procedure for registering vehicles, and can be brought to it at the moment of appearing at the traffic police with a package of documents that have expired. The fine for an expired car purchase and sale agreement in this case will be from 1,500 to 2,000 rubles. for citizens.

It should be borne in mind that until deregistration, all fines will be sent to the name of the previous owner. He can independently deregister the car on the State Services website, where an option is provided. You can use it on the 11th day after the transfer of ownership.

Is it possible to avoid a fine?

Knowing how long a purchase and sale agreement is valid, not everyone is sure whether there is a legal mechanism to avoid liability for driving a car that is not registered in a timely manner. A period of 10 days, without specifying that they are working days, speaks of calendar days.

Accordingly, if there is a long period of holidays ahead, the driver will not have the opportunity to complete the documents. This situation will help reduce the amount of liability or even eliminate it if the last day of the term fell on a weekend (see the decision of the Altai Regional Court dated March 20, 2018 in case No. 21-147/18).

You can confirm your good faith by presenting a document confirming an appointment with the MFC or the State Traffic Safety Inspectorate (see the decision of the Tambov Regional Court dated March 19, 2018 in case No. 7-93/18). The second factor for a slight change in the amount of punishment will be the short duration of the violation.

Fine for an expired sales contract, if prosecution occurred under Art. 12.1 of the Code of Administrative Offenses (with the exception of clause 1.1 of this article) can be reduced by paying it within 20 days from the date of imposition (see clause 1.3 of Article 32.2 of the Code of Administrative Offenses of the Russian Federation). Late payment entails additional liability under Art. 20.25 Code of Administrative Offenses of the Russian Federation. As a standard, the violator is given 60 days to do this, unless a delay situation arises (Article 32.2 of the Code of Administrative Offenses of the Russian Federation).

It is interesting that even forced collection of the fine does not provide grounds for refusing to prosecute for delay. The argument that the payment of the administrative fine was made by the time the case was considered cannot serve as a basis for exemption from administrative liability (see the resolution of the Perm Regional Court dated March 30, 2018 in case No. A4-399/18).

Knowing when the car needs to be registered will allow you to avoid liability for driving with an expired contract. Either a short period of violation or the expiration of the period for administrative liability will allow the fine to be reduced.

According to the rules, the purchase of a vehicle must be accompanied by the issuance of a compulsory insurance policy, namely, compulsory motor liability insurance. Despite the “mandatory nature” of taking out insurance, many motorists are interested in whether it is possible to drive for some time without insurance, but with?

In this article we will tell you about the purchase and sale agreement? What penalties will be applied to drivers who drive without insurance for more than the prescribed period?

In accordance with Part 2 of Article 4 of the Federal Law of April 25, 2002 No. 40, after purchasing a vehicle and concluding a corresponding agreement, its owner is obliged to formalize within ten days from the moment of signing the purchase and sale agreement.

At the same time, this article of the Federal Law does not say whether it is possible to drive a vehicle during this period or not. However, the decision of the Supreme Court on April 17, 2012 brought some clarity. According to it, the driver has the right to drive a vehicle within the ten-day period allotted for obtaining insurance.

The driver must remember that during this period of time he may get into a traffic accident and will have to compensate for the damage caused and incurred on his own, and not through the insurance company.

However, during the period allotted for issuing an MTPL insurance policy, when driving a new vehicle, the driver must have with him a document confirming ownership of it. Such a document is a purchase and sale agreement.

Is it possible to drive with a purchase and sale agreement when purchasing a vehicle?

When purchasing a vehicle, accompanied by the conclusion of a purchase and sale agreement, the driver is required to take out MTPL insurance for ten days. At this time, he must have with him a document for the car confirming ownership of it. Such a document will be a purchase and sale agreement.

Many car dealerships offer to issue compulsory motor liability insurance “on the spot” at the time of concluding a purchase and sale agreement, however, it is worth considering that this service can vary significantly in cost.

When taking out MTPL insurance, the driver must indicate his place of permanent residence, which must coincide with the place of purchase of the vehicle. If the driver is registered on a permanent basis in another city, and it is not possible to get there within 10 days, he can take out a temporary insurance policy, the validity of which is twenty days.

How to drive without insurance for more than 10 days?

In the last section, we talked about the possibility of obtaining temporary insurance, which will be valid for twenty days. But this is not the only way to extend your driving time without a mandatory insurance policy.

So, extend the time it is possible by constantly rewriting the date of conclusion of the purchase and sale agreement in it. However, it should be taken into account that this may be fraught with the following consequences:

• The vehicle will continue to be registered to the previous owner;
• New fines for traffic violations will come to its new owner;
• In the event of a traffic accident, you will have to pay for the damage yourself, without the help of an insurance company;

You can drive without insurance under a car purchase and sale agreement until it is registered for no more than 10 days from the date of purchase. In this case, it is necessary to have the contract itself, which is presented to the traffic police inspector.

Insurance legislation: requirements, liability

The obligation of civil liability insurance is determined by Federal Law No. 40 of April 25, 2003. The goal is to compensate for damage caused by an accident to property or the health of citizens. The owner can include in the policy an unlimited number of people whom he trusts to drive his car. Thus, the insurance covers them as well.

In April 2017, the law was amended to make OSAGO 99% natural. That is, if an accident falls under compensation, the insurance company will pay for the repairs. Before these changes, you could choose between repairs at the expense of the insurance company or cash payments. Now you can take the money:

1. in case of complete destruction of the vehicle;
2. if the repair will cost more than 400 thousand rubles;
3. the victim received severe, moderate injuries or died;
4. if the victim has the first or second disability group.

OSAGO protects the economic interests of car owners and is guaranteed by the state.

The driver sitting behind the wheel must have an insurance policy with him or be included in it as the owner of the vehicle. The document is presented to the traffic police inspector during the inspection, in addition to the car documents and driver’s license. This is stated in the traffic rules, for non-compliance with which the violator will face punishment, depending on the degree of guilt (Article 12. 37 of the Administrative Code).

Fines in the amount:

• 800 rub. for the absence of an agreement with the insurance company or the presentation of a fake document;
• 500 rub. for driving without reason (not included in the policy);
• 500 rub. or a warning if you do not have a document with you.

If the State Duma in 2018 adopts the corresponding amendments to Federal Law-40 and related regulations, it will be possible not to carry MTPL with you in paper form. The traffic police will check its availability directly at the public services service.

In addition to OSAGO, there is a voluntary type of insurance - CASCO. The car itself is insured against any risks: accidents, thefts, vandalism, fire and other unforeseen situations. To compensate for damage, it is necessary to comply with all the terms of the contract, starting from the deadline for submitting documents upon the occurrence of an insured event. Just like in compulsory motor liability insurance, the policy includes persons who can drive this car. The inspector will not require this policy and its presence is not mandatory.

Some insurance companies practice so-called comprehensive services - they do not insure civil liability until the client takes out CASCO insurance. Such actions are caused by a banal pumping of money. They are unfounded and are being appealed in court.

How long can you drive without insurance after buying a car?

​The purchase and sale of a vehicle is formalized by concluding an agreement. After signing it, the buyer registers the car with the traffic police. To register, he is given 10 days after purchasing the car. The list of documents for registration also includes compulsory motor liability insurance, the availability of which is checked using an electronic database. Despite the changes made to the law, no one has canceled civil liability insurance upon purchase. The whole question is when exactly it should be issued.

If the car is purchased through a car dealership, then you can draw up an agreement with the insurance company right on the spot. But this option is not always convenient for the driver regarding the financial part. After all, the policy is not cheap. No one can force you to take insurance along with the vehicle.

The buyer goes home, often even to another city or region. And on the way he is stopped by a traffic police inspector, who believes that compulsory motor liability insurance must be issued simultaneously with the purchase of a car. The result is a fine.

This situation became the beginning of legal proceedings, which ended in 2014 with a complete victory for the vehicle owner. The Supreme Court of the Russian Federation, in its decision No. 12-AD13-3, recognized the illegality of the actions of the traffic police inspector and clarified the application of the law. In particular, he emphasized that compulsory motor liability insurance can be obtained no later than 10 days after purchase, but before registering the vehicle.

Therefore, after purchasing a car, you don’t have to rush into compulsory insurance. The owner has 10 days to drive without a policy. The only condition is that you have a purchase and sale agreement with the relevant dates.

However, the sooner the owner contacts the insurance company, the better for him. A road user is constantly at risk. In the event of an accident and the need to compensate for damage in the absence of a policy, all costs will fall on the culprit.