In chamber performance: how often will drivers without CTP be punished?
The State Duma adopted amendments to the Administrative Code in the second and third readings, providing for a limit on the number of fines issued for the absence of a CTP policy. This is a key change in legislation that opens the way for checking the availability of insurance and issuing protocols for its absence using cameras to record traffic violations, insurers and experts say. At the same time, the Bank of Russia proposed to change the rules for determining repair costs for Avtograzhdank. Details can be found in the Izvestia article.
Daily limit
On March 17, State Duma deputies adopted amendments to the Administrative Code in the second and third readings, which set a limit on the number of fines that can be issued for the absence of a CTP policy. The document is published on the website of the lower house of Parliament. According to the adopted law, a driver who has not taken out insurance will receive a report for this violation no more than once a day.
"A person who has committed an administrative offense provided for in this Article (12.37 of the Administrative Code "Non-compliance with the requirements for compulsory civil liability insurance for vehicle owners." — Izvestia), is not brought to administrative responsibility for the second and subsequent cases of detection of such an administrative offense within 24 hours from the moment of the first detection of such an administrative offense," the text of the law says.
It is noteworthy that the original version of the amendments dealt only with cases of lack of insurance identified by cameras. In this case, when checking the driver's documents with traffic police officers, they could still issue an unlimited number of fines for this offense. In the final version of the law, there is no mention of photo- and video-recording complexes, so the new provisions of the Administrative Code will apply to violations related to lack of insurance, recorded by both cameras and traffic police inspectors, lawyers say.
Camera for protection
— The adopted bill is the legislative framework for launching checks on the availability of CTP contracts using traffic cameras. We expect that this measure will have a positive impact on the situation on the roads in general. After all, the problem of "police officers" hits bona fide car owners. Because there is no control, and the person who is driving has no guarantee that he will receive compensation in case of an accident," said Evgeny Ufimtsev, president of the Russian Union of Motor Insurers (RSA).
He explained that monitoring the availability of insurance will make it possible to more effectively curb the growth of insurance premiums, since bona fide vehicle owners will not have to "pay extra" for those who drive without a policy.
The amendments eliminate the main legislative obstacle to checking the availability of a CTP policy using cameras, said Valery Soldunov, a member of the Civic Chamber of the Russian Federation and chairman of the All-Russian Society of Motorists.
— During the meetings and round tables in the Public Chamber, the issue of the need to adjust legislation in this area has been repeatedly raised. Otherwise, a motorist without a policy would receive a fine when passing each camera. Now this issue has been resolved," he told Izvestia.
Enter the number
The AIS Insurance system is ready to check CTP policies through cameras on the roads, said Nikolai Galushin, head of the National Insurance Information System (NSIS). According to him, it is necessary to upgrade the information system of the State Traffic Inspectorate so that the cameras can read the numbers, convert the photo into a "digit" and verify the license plate data with the data on the availability of the CTP policy on a specific date.
He said that by the end of last year, more than 4.5 million CTP policies that are in AIS Insurance did not have a license plate number. In this case, drivers will not receive a fine based on the data from the cameras, since the check will be carried out both by the vehicle number and by other identifiers such as the VIN number, the head of the NSIS emphasized. Nevertheless, it is better to have a policy with all the data entered, he stressed.
— I would like to ask motorists to check their CTP policies. If you applied for a policy, for example, when you bought a car, and the vehicle did not have a license plate yet, then your policy has only a VIN number, but no state registration plate. In this case, it is advisable to contact your insurance company and add the car number to the policy," Nikolai Galushin said.
Payback for the "police officers"
The amendments are a fair and long—needed "stick" for those who do not buy CTP, says Anton Shaparin, vice president of the National Automobile Union (NAS). However, a "carrot" is also needed, which would completely eliminate the troubles of those who suffered through the fault of drivers without a policy, he is sure.
— Such a "carrot" may be the obligation of the RSA to fully compensate for the damage caused by a motorist who does not have insurance. Including for a damaged car, and not only for harm caused to life and health, as provided for by current legislation. In this case, having compensated all the losses to the victims, the RSA could claim them from the culprit of the accident as part of a recourse claim," Anton Shaparin believes.
Rules for repairs
Almost simultaneously with the adoption by the State Duma of amendments to the Administrative Code, the Bank of Russia (CBR) proposed to change the rules for determining repair costs for CTP.
"When calculating the average cost of a spare part, the prices of its analogues will not be taken into account if they are 70% cheaper than the original (now this threshold is 80%). The average cost of consumables will be calculated at market prices without taking into account any discounts," the Central Bank of the Russian Federation reported.
As follows from the accompanying documents to the draft instructions prepared by the Central Bank, an increase in the average CTP payment as a result of such a change is expected to be 3.5% above the inflation of the cost of spare parts.
In addition, when calculating repair costs, it is planned to take into account the costs of so-called single-use parts (seals, stickers, etc.) in full. Currently, they are included in the cost of repairs in an amount not exceeding 2% of the price of the replaced parts, and in some cases this does not fully cover the costs of such parts, the Bank of Russia noted.
"Currently, in practice, single-use parts often mean not only parts that are used once, <...> but also spare parts, the price of which significantly exceeds 2% of the total cost of the replaced parts, calculated without wear (for example, glass, moldings, emblems, door seals), which leads to underestimation the total cost of repairs," the explanatory note says.
According to the regulator, as a result of the changes, the average CTP payout will increase by 9%.
The question of what to attribute to the details of a one-time installation (one-time use) regularly arises in disputes regarding the cost of car repairs, which must be reimbursed under the CTP agreement, the RSA notes. For example, broken glass cannot be reinstalled during repairs, and this part should be classified as "disposable," according to the Union.
"But it is completely wrong to consider the cost of this part as 2% of the total cost of the replaced parts, since it is an independent element of the car's design, having its own catalog number and cost, which can be quite high for modern glasses," the press service of the RSA reported.
As for increasing the lower threshold, starting from which, when forming average prices for spare parts, prices for certified parts of obviously low quality are cut off, this innovation will reduce the number of parts for which the average price of non-original spare parts is taken as the average, and increase the overall level of average prices for spare parts, according to the Russian Union of Motor Insurers.
"It is expected that an increase in this threshold from 20% to 30% of the price of the original part will lead to an increase in the average CTP payment, and this will lead to an inevitable increase in tariffs and the average insurance premium for the CTP policy," the RSA warns.
The organization notes that it takes time to accurately assess price increases due to innovations. The RSA's opinion on these proposals will be formed and sent to the Bank of Russia as part of the regulatory impact assessment, the Union promises.
The Central Bank's proposals do not eliminate, but only mask the problem of the discrepancy between the cost of spare parts in the RSA reference books and the real market situation, Anton Shaparin believes. According to him, they, in fact, "preserve" a completely unacceptable situation when reference books are formed taking into account the price of fakes for original spare parts, analogues of original spare parts and fakes for analogues.
— Due to this, the price of the parts is two or three times lower than the market price. In addition, the proposals of the Central Bank of the Russian Federation completely fail to reflect the problem of the cost of repairing a car damaged in an accident. For example, according to these reference books, today the standard repair hour for a Porsche is 1,050 rubles, and for a BMW it is 960 rubles. Obviously, at such prices in the capital, it will not be possible to repair even a Lada," said Anton Shaparin.
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