The Supreme court explained, when the driver can control the vehicle without having insurance policy. This allowed for up to 10 days after the transmission to the driver ownership of the vehicle.
In other words, if you purchased a used vehicle and drive it, even with the old rooms, you have every right to do. This rule also applies in the case of power of attorney: if you gave the car, you have power of attorney, but you have not entered in the policy CTP, you have 10 days to get new insurance.
The impetus for this explanation of the Supreme court gave the case of a driver Samotaeva. He's in town Yoshkar-Ola was brought to administrative responsibility for management of the vehicle by the driver, not inscribed in a policy of compulsory third party liability insurance.
This decision was upheld by the Supreme court of Mari El. However, the Supreme court considered the decision unjustified.
So, on 7 of February 2013 the citizen Samotaev was driving in my car in Yoshkar-Ola. He was not inscribed in the CTP, but it was at the hands of the contract on transfer to gratuitous use of the car. The Treaty was signed on 5 February 2013.
The inspector of traffic police who stopped Samotaeva considered that this agreement is insufficient to prove the innocence of the driver and write a ticket. The driver asked the court to recognize the action of the inspector is correct. And only when he reached the Supreme court, managed to defend the truth. The thing is that according to the law about OSAGO the vehicle owner is obliged to insure its liability before a third party not later than 10 days.
In this situation, the contract was concluded on 5 February, the driver stopped on 7 February, the deadline indicated by the law, has not expired. Accordingly, the driver does not punish.
The Supreme court ruled to terminate the proceedings in connection with the lack of offense.
Of course, in Russia not the case law, however, the decisions that publishes Supreme court in the judicial review, considered as a model for other courts. Inspectors of traffic police also introduced to the law review.
It should be remembered that the owner of the vehicle may not be only its owner. To own on the basis of power of attorney according to the contract drawn up in writing. Usually this circumstance confuses the traffic police. After all, the contract can be at least every day. However, its legal significance is not cancelled. It is clear that this "preferential" regime will take advantage of crooks, but that's no reason to punish the honest drivers who have all the vehicle documents on hand.
In the Main Department of ensuring road traffic safety MVD of Russia found the decision of the Supreme court is justified. Indeed, the law provides a respite of 10 days. On the other hand, it is an occasion for fraud. However, such a rascal should remember that in the event of an accident, he would have to pay for all damages at their own expense.
