You can appeal and not pay: lawyers called a “popular” fine for drivers, which is actually unenforceable

In accordance with paragraph 31.4.7 “yes” of the Rules of the Road, drivers are prohibited from operating the vehicle if the car does not have a first-aid kit, a working fire extinguisher and an emergency stop sign.

And quite often, in the absence of these items, the police draw up a decision on the driver under Part 1 of Art. 121 of the Code of Administrative Offenses and fined 340 hryvnia.

Is this fine legal?

Part 1 Art. 121 of the Code of Administrative Offenses establishes responsibility for driving a vehicle with technical malfunctions, they explain on the legal Telegram channel. However, the absence of a first aid kit, a working fire extinguisher and a warning triangle in the car does not indicate technical malfunctions with which its operation is prohibited.

Based on this, the absence of these items in the car does not qualify under the signs of an administrative offense for hours.1 Article. 121 of the Code of Administrative Offenses, therefore, such a violation must be qualified under Art. 125 of the Code of Administrative Offenses (other traffic violations), which provides only a warning.

When will the fine be legal?

For drivers providing passenger transportation services, a fine is provided on the basis of Part 2 of Art. 121 CUAO in the amount of 680 UAH. And for a repeated violation during the year, the driver will be threatened with deprivation of the right to drive vehicles for a period of 3 to 6 months.

At the same time, patrolmen note that a first-aid kit and a working fire extinguisher are extremely important things that can sometimes save a life. Therefore, every driver should have them.

Recall also the existence of a fine for transporting fuel in a reserve tank.