On a motorcycle without a license - now you can
In the city of Kirsanov, Tambov region, traffic police officers detained the driver of a cross-country motorcycle on one of the city streets. The motorcycle did not have registration documents and a state registration plate, and the driver did not have a driver's license with him. Traffic police officers imposed a fine on the driver in the amount of 7,000 rubles, in accordance with Article 12.7 of the Administrative Code of the Russian Federation "Driving a vehicle by a driver who does not have the right to drive a vehicle," reports Rossiyskaya Gazeta . Also consider Buy A Motorcycle Without A License
The driver did not agree with the decision of the officials and filed a lawsuit with the Supreme Court of the Russian Federation. The highest court supported the motorcycle driver and issued Resolution No. 13-AD15-1, clarifying that “a vehicle should be understood as a motor vehicle with a working volume of an internal combustion engine of more than 50 cubic centimeters or a maximum electric motor power of more than 4 kW and a maximum design speed of more than 50 km. / h Also, vehicles include trailers subject to state registration, and in other articles of Chapter 12 of the Administrative Code, other vehicles are meant for driving which, in accordance with the legislation, a special right is granted. "
For example, as pointed out in a recent decision by the Supreme Court, ATVs and snowmobiles should be considered vehicles. Accordingly, if a person sits on them drunk, he should be punished.
However, in this case we are talking about a motocross motorcycle designed exclusively for sporting use off public roads. In its explanation, the Supreme Court referred to a letter from the Acting Deputy Head of the Department of the Ministry of Internal Affairs of Russia for the Tambov Region, explaining that “the operation of a cross-country motorcycle ... on public roads is prohibited, it is intended solely for participation in sports competitions, is not subject to registration with the State Traffic Inspectorate. , a vehicle passport is not provided for it. "
From this the court concluded that the motocross motorcycle was not a vehicle.
“Taking into account this circumstance, and also due to the fact that the current legislation does not provide for the obligation to obtain the right to control devices intended exclusively for sports competitions, the actions of citizen Z. [stopped motorcyclist - editor's note] to drive a motorcycle in the absence of the right to drive vehicles do not form the objective side of the composition of an administrative offense provided for by Part 1 of Article 12.7 of the Code of Administrative Offenses of the Russian Federation, ”the ruling of the Supreme Court says.
The claim was lifted from the plaintiff and the fine was annulled.
Actually, the Supreme Court said nothing new. He only confirmed that cross-country motorcycles (sold without PTSs) do not need to be registered with the traffic police and that you do not need to obtain a driver's license to ride them. However, the legal incident is as follows: despite the fact that sports motorcycles cannot be used on public roads, the Code of Administrative Offenses of the Russian Federation does not provide for any punishment for this.
From this the court concluded that the motocross motorcycle was not a vehicle.
“Taking into account this circumstance, and also due to the fact that the current legislation does not provide for the obligation to obtain the right to control devices intended exclusively for sports competitions, the actions of citizen Z. [stopped motorcyclist - editor's note] to drive a motorcycle in the absence of the right to drive vehicles do not form the objective side of the composition of an administrative offense provided for by Part 1 of Article 12.7 of the Code of Administrative Offenses of the Russian Federation, ”the ruling of the Supreme Court says.
