Carsharing and traffic police: how to check the fines
Fines of the traffic police for carsharing will have to pay the same as for a personal car. In addition to administrative penalties, there are fines from the operator itself, for example for damage to equipment or litter in the cabin. We are telling how and what fines the traffic police have to pay carsharing users, how to check them, and how much will have to pay in the event of an accident.
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What is carsharing
Carsharing is the hourly rental of a car through a mobile app. You can pick up and leave your car anywhere within an area that is limited by the operator.
Major operators provide services in several cities at once: Yandex.Drive, CityDrive, Delimobil and BelkaCar.
Who pays fines in carsharing
Fines from the traffic police. If a carsharing driver’s violation is detected by a camera, the carsharing company pays the traffic police fines itself. Then the amount of the fine is deducted from the linked card. The camera does not see who is driving – it is focused on the license plate and sends a fine to the car owner.
If a carshare car is stopped by the State Traffic Safety Inspectorate, the driver, not the owner, will get a fine. It will be paid directly by the renter. The inspector, unlike the camera, can identify the offender by his license.
Some companies take a commission for paying fines from the traffic police – this is the case, for example, in clause 7.6 of the “Liability” section of the Delimobil rent contract. If the renter exceeds the speed limit and gets fined 500 rubles, the account will be deducted 650 rubles.
Fines for carsharing. Each carsharing contract has a section with penalties for non-compliance with the rules for using the car. For example, the BelkaCar agreement says that if the driver is guilty of an accident, he has to pay up to 50,000 rubles. The penalty for disabling or damaging the control terminal is up to 400,000 rubles. If the driver was drunk and stopped by the inspector, in addition to the deprivation of driver’s license he will be punished by the operator – up to 150 000 rubles.
Read the contract before renting a car, especially the section on the liability of the driver.
How to check the traffic police fines for carsharing
The fine on the carshare car will be visible in the mobile app, or the service will send a notification to the email.
The most common GIBDD fines in carsharing
Speeding. The penalty depends on the speeding – the higher the difference between the allowed and the actual speed, the higher the penalty. For example, if you exceed by 20 km/h the allowed speed the penalty will be 500 rubles. If a driver exceeds the speed limit by more than 80 km/h, he can be deprived of his license.
You can see a full table of fines in the article about penalties for speeding.
Driving into a lane for passenger transport. In Moscow and St. Petersburg this will cost you 3000 rubles, in other cities – 1500 rubles. You can see when you can enter the lane, who and how the violation is fixed in the article about the penalty for a dedicated lane.
Driving on the side of the road. The penalty for such maneuvers – from 1000 to 5000 rubles. Read more in the article about penalties for driving on the side of the road.
The penalty for smoking or talking on the phone while driving. The traffic police do not fine you for smoking inside the car. But the operator can – for example, BelkaCar gives a fine of 5000 rubles for such a violation.
The traffic police may fine you 1500 rubles for talking on the phone while driving, without headset or hands-free. Read about how such violations are fixed, and whether you can use a tablet or a smart watch while driving, in the article about the penalty for using a phone while driving.
Parking fine. The landlord will pay for improper parking, such as in a crosswalk, and then deduct it from the user’s card. If the car is taken away by a tow truck, you will have to pay two fines:
- for improper parking – from 500 to 5000 rubles;
- for the work of the carshare employee – he will have to take the car from the special parking lot himself. For example, “Yandex.Drive” takes 6,150 rubles for this in Moscow and 3,650 rubles – in Kazan.
As for paid parking lots, the driver doesn’t pay for them as long as he rents a car. Exceptions – paid parking lots with a barrier.
Failure to comply with the signs and markings. There is a fine of 500 rubles for this. This fine may be given if you turn left or turn around where the sign prohibits it.
Driving into the oncoming lane. Everything is in accordance with the law: from 1000 rubles fine to deprivation for six months. Read more about this violation and about when it is allowed to drive into the oncoming lane in the article about penalty for driving into the oncoming lane.
Unfastened or missing safety belt. You may be fined from 500 to 3000 rubles. If the driver himself didn’t buckle up – he will get a penalty of 1000 rubles, if the child didn’t buckle up – 3000 rubles. About all these penalties – see the article about penalties for unbuckled belt.
Amounts of fines for carsharing by GIBDD
The fines are the same as for other road users. The traffic police does not distinguish cars and carshare drivers in any way.
Penalties in case of an accident
The carshare cars are insured by OSAGO and Casco. This means that if the driver of the rented car gets in an accident, the insurance company will compensate the damage to both parties. However, if the accident was the renter’s fault, he or she will have to compensate the damage to the operator. While the car is being repaired, it stands idle, and the company loses money.
The amounts vary from operator to operator, but start at an average of 30,000 rubles. For example, “Delimobil” assigned to the car Nissan Qashqai compensation up to 75,000 rubles, if the amount of damages is less than 100,000 rubles.
How do the traffic police fines come in carsharing
The general rule: if the violation was fixed by the inspector, the driver pays the fine, as the protocol is made out in his name. If the camera fixed the fine, first the landlord will pay, then he will take it from the driver’s bank card. If there is no money on the card, the debt will grow. If there is no money on the card, the organization will sue the driver.
Carsharing employees almost always manage to pay the fine within the grace period – the first 20 days from the date of the ruling. It means the driver won’t have to pay the full fine, only half. Such rules work for Yandex.Drive and BelkaCar.
Payment terms. If you were noticed by the inspector and wrote a protocol, you have 70 days for payment from the date of the decision.
Methods of payment. The operator will write off the money from the card, taking into consideration the discount if you paid during the period of grace, and the commission fee, if it’s in the contract.
What a driver can be fined by carsharing operators for
There are many such clauses in the rental agreement. Here are some examples from BelkaCar agreement:
What to do if the carsharing service has issued a fine? Step-by-step instructions for reducing the fine
Carsharing in large cities has recently become popular with car owners. It is convenient, there is no need to think about paid parking in the city center, about storage of cars, about changing tires, there is no need to think about repairs and filling up the car, all these problems are solved for you by the carsharing services.
But along with the convenience, customers of these companies often face huge penalties.
The contract may include a fine for damage to the car, a fine for car transfer to a third party, a fine for driving a car in a drunken state.
The fines are there to make sure that the drivers follow the rules, use their own accounts, do not drive drunk and use their cars carefully.
But carsharing services often set draconian fines of 100 thousand rubles, 150 thousand rubles and 250 thousand rubles, the amount of the fine is clearly disproportionate to the violated obligations.
How to reduce the fines imposed by the carsharing service?
The fine of the carsharing service is a type of contractual penalty.
According to article 330 of the Civil Code of the Russian Federation, the penalty (fine, interest) is the sum of money, determined by the law or the contract, which the debtor must pay to the creditor in case of non-performance or inadequate performance of obligations, in particular in case of delay in performance. On the demand for payment of a penalty the creditor is not obliged to prove the infliction of losses.
In accordance with Article 333 of the Civil Code of the Russian Federation a party to the contract is entitled to apply for a reduction in the amount of the penalty.
If the penalty payable is clearly disproportionate to the consequences of breach of obligation, the court has the right to reduce the penalty. If the obligation has been violated by a person engaged in entrepreneurial activities, the court shall be entitled to reduce the penalty on condition of the debtor’s application for such reduction.
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Step-by-step instructions for reducing the amount of the fine for the carsharing service:
1. respond to a pre-trial claim.
If Karshering sent you the pretrial claim you can write a response to it in which you are to refer to the art. 333 of Civil Code of RF and the disproportionality of the fine to the amount of the breached obligation and ask the Karshering Service to reduce the fine.
If you manage to agree, then everything ends at the stage of pre-trial settlement.
2. Attending a court hearing.
If the carsharing service does sue you, you must always petition the judge for a reduction of the fine under Article 333 of the Civil Code. You can personally participate in the court session, or send a representative, or to petition for consideration of the case without your participation.
Do not ignore the court sessions, be sure to declare the motions, because if you do not declare them, the court may not reduce the amount of the fine.
3. Reduction of the fine by the court.
Next will be a court decision, in which the court usually reduces the amount of the fine. How much? It depends on the judge and the region. But it reduces it considerably.
What to do if carsharing has unreasonably debited money from the card?
Or the reverse situation, when you yourself are forced to appeal to the court, because you have written off money from the card, say, 100 thousand for the car to another person, or for damage, which was not, or if it was, but the amount of repair is overstated in your opinion.
In this case, the algorithm is as follows:
1. A pretrial claim.
You, as the plaintiff, write a pre-trial claim to the Carsharing Service.
In the pretrial claim you must briefly write everything you’re not satisfied with, ask to reduce or cancel the fine, otherwise you will have to go to court. Send the pre-trial claim by registered mail with the list of enclosures. Keep the receipt, in order to later show the court that the pre-trial order of dispute resolution was observed.
Often carsharing services resolve the issue before the court, the parties agree and the fine is reduced or canceled, if you can prove that you did not commit an offense and did not cause damage to the car.
2. a statement of claim in court
If you cannot reach an agreement before the court, you go to court.
The statement of claim in accordance with the Law on consumer protection is filed in the court at the location of the defendant, or at your place of residence. By virtue of paragraph 3 of Article 17 of the Consumer Protection Law, you are exempt from payment of state duty.
What is the legal basis of the claim in this case?
Article 1102 of the Civil Code. The obligation to return unjust enrichment.
Plus, in the lawsuit, ask the court to reduce the amount of the fine under Art. 333 of the Civil Code.
Since you are an economically weak party to the contract, the courts often go along and reduce the amount of the fine.