The situation when a car suddenly refuses to start or suffers mechanical damage is familiar to many drivers. At such times, the only solution is often towing the vehicle to the nearest service station or garage. However, the process of moving a faulty car gives rise to a lot of legal and technical issues, the main one of which is the legal status of the driver behind the wheel of the towed vehicle. Many people believe that since the car does not drive itself, but is pulled, then having a driver’s license is not necessary, but this is a dangerous misconception.
In fact, the law clearly regulates this aspect, and ignoring the rules can lead to serious fines and even the towing of both cars. Driving a towed vehicle is equivalent to normal driving, since the driver must control the trajectory, operation of the braking system and steering. Lack of rights in such a situation is regarded by inspectors as a full violation of traffic rules with all the ensuing consequences.
In this article, we will analyze in detail the traffic rules requirements for the driver of a towed car, consider the nuances for various types of hitch, and determine exactly what documents a person driving a faulty car should have. Understanding these rules will help you avoid conflicts with traffic police officers and ensure safety on the road during towing operations.
Legal status of the driver of the towed vehicle
According to the current Rules of the Road, the person driving a vehicle that is moving on a flexible or rigid hitch is officially considered the driver. This means that he is subject to all the duties and requirements of driving any other vehicle on public roads. No driver's license corresponding category for a person driving a towed vehicle is a direct violation of the law.
The legislator’s logic here is simple: a towed car is a full-fledged participant in traffic that must maneuver, change lanes and stop in traffic. The person driving must have the skills and knowledge of traffic rules to perform these actions safely. Even if the vehicle is towed partially loaded, the presence of a person in the cab or seat requires that the person have a valid license.
⚠️ Attention: Trying to dissuade the inspector with the phrase “I’m just sitting and holding the steering wheel, and a friend has his license in the car in front” will not work. Legally, you are driving a vehicle, and the absence of a license will entail a fine under Article 12.7 of the Code of Administrative Offenses of the Russian Federation.
It is important to note that the requirements apply not only to the presence of a plastic card, but also to an open category. If you drive a passenger car, even a towed one, you must have category “B” open. To drive a truck or bus while in tow, categories “C” and “D” will be required, respectively. Driving without the appropriate right to do so is equivalent to driving without a license under normal conditions.
Driver experience and age requirements
In addition to having a physical driver's license, the driver of the towed vehicle is subject to increased driving experience requirements. The traffic rules state that the driving experience of a vehicle of the corresponding category must be at least two years. This requirement is dictated by the complexity of the towing process, which requires refined coordination skills and anticipation of the actions of the driver of the towing vehicle.
A novice driving a towed car can create an emergency situation: when the cable jerks or brakes sharply, an inexperienced driver can become confused, operate the steering wheel incorrectly or lock the wheels, which will lead to the “train” folding or skidding. That is why the law restricts access to driving a towed vehicle to persons whose driving experience is less than the established period.
There are also age restrictions that correlate with obtaining a license, but it is worth remembering specific cases. For example, if we are talking about driving category “C” or “D” vehicles, the requirements for age and experience will be even stricter. Admission to management It is always checked in a comprehensive manner: license of the required category, experience of at least 2 years, sobriety and availability of documents for the car.
- 🚗 Availability of a valid driver's license with an open corresponding category.
- ⏳ Confirmed driving experience of at least 2 years (entry in license or extract from the registry).
- 🆔 Have a passport or other identification document with you.
- 📄 Documents for the towed vehicle (STS, OSAGO policy), even if the car is faulty.
Differences in rules for different types of towing
Driving guidelines for a towed vehicle may vary slightly depending on the type of towbar used. The most common method is towing with a flexible hitch, where a cable is stretched between the cars. In this case, the presence of a driver in the second car is mandatory, since he must monitor the tension of the cable and the maneuvers of the leading car.
When using a rigid hitch (metal rod), the requirements for the driver of the towed vehicle remain the same: license, experience and documents. A rigid coupling makes the “train” more stable, but does not eliminate the need to control the trajectory of the rear car, especially when turning and changing lanes. Errors in steering here can also lead to an accident.
There is a partial loading method where the front or rear wheels of the towed vehicle are placed on the bed of a tow truck or other truck. If the wheels of one of the axles touch the road, control of such a vehicle necessarily requires a driver with rights. If the car is completely loaded onto the platform and not a single wheel touches the road surface, the presence of the driver inside is not required, and, accordingly, a license is not needed at this moment.
| Hitch type | Presence of a driver in the towed car | Are rights required? | Experience requirements |
|---|---|---|---|
| Flexible hitch (cable) | Required | Yes | At least 2 years |
| Rigid hitch (rod) | Required | Yes | At least 2 years |
| Partial loading | Mandatory (if the wheels are on the road) | Yes | At least 2 years |
| Full load (tow truck) | Not required | No | Not applicable |
Required documents when towing
The driver of the towed vehicle is required to have a complete package of documents with him, as in the case of normal driving. First of all, this is, of course, a driver's license. A traffic police inspector has every right to check the license of a person sitting behind the wheel of a moving (even towed) car. Lack of rights will result in a fine and removal from driving.
A package of documents for the towed vehicle itself is also required. Even if the car is broken down and is being towed, it remains subject to registration. You must be prepared to present Vehicle Registration Certificate (VRC). If the car has not been deregistered and a compulsory motor liability insurance policy has been issued for it, its presence is also required. The absence of a compulsory motor liability insurance policy for a towed vehicle is a violation for which a fine is imposed.
☑️ Documents to check when towing
An interesting nuance concerns the diagnostic card. If the vehicle is towed to a repair or parking site due to a breakdown, a valid diagnostic card may not be required, but this does not relieve the need to have other documents. The main thing is to prove that the movement is carried out exactly to the place where the malfunction is eliminated.
Technical requirements for towed vehicles
Not every car can be towed with a driver inside. There are strict technical restrictions, failure to comply with which makes driving such a vehicle impossible and dangerous. First of all, this concerns the serviceability of the steering and braking systems. If the towed vehicle does not have working brakes, it is prohibited to tow it on a flexible or rigid hitch with the driver inside.
In such cases, only towing by partial or full loading is permitted. Trying to drive a car with broken brakes, even if it is being pulled by another car, poses a huge threat to everyone on the road. When the cable breaks or the tractor emergency brakes, the towed vehicle turns into an uncontrollable mass.
⚠️ Attention: It is prohibited to tow a vehicle if its weight exceeds the weight of the towing vehicle by more than 1.5 times. It is also prohibited to tow motorcycles without a sidecar (sidecar), even if the motorcycle driver has a license.
Another important technical aspect is the operation of lighting devices. The hazard warning light on the towed vehicle must be illuminated. If the vehicle design allows, the side lights and turn signals should also work, especially at night or in poor visibility conditions. This helps other drivers understand the train's maneuvers.
Fines and liability for violations
Violation of towing rules, including driving a towed vehicle by a person who does not have the right to do so, entails administrative liability. The basic fine for a driver who does not have a license or does not have the right to drive is from 5 to 15 thousand rubles in accordance with Part 1 of Article 12.7 of the Code of Administrative Offenses of the Russian Federation. In this case, the car will be detained and sent to the impound lot.
If the driver does not have a license at all (never received one, has been deprived of his license or has expired), the fine is 30 thousand rubles, or arrest for up to 15 days, or compulsory labor. For the owner of a car who puts a person without a license behind the wheel of a towed vehicle, a fine of 30 thousand rubles is also provided (Part 3 of Article 12.7 of the Code of Administrative Offenses of the Russian Federation).
What happens if the towed car does not have license plates?
If the towed vehicle does not have state registration plates, this is a separate violation. However, if the car is towed to the place of registration or after deregistration, you must have with you the appropriate documents confirming the legality of the movement (for example, transit numbers or a deregistration certificate). Otherwise, you may be fined for missing numbers.
In addition to fines for lack of a license, sanctions may be issued for violation of towing rules (Articles 12.9, 12.21 of the Code of Administrative Offenses of the Russian Federation), for example, for the absence of a “Road Train” sign on a tractor or for exceeding the speed (for towing it is limited to 50 km/h). The total amount of fines can be quite impressive.
Frequently asked questions (FAQ)
Do I need a license if I’m just sitting in the car and holding the steering wheel while my friends drive it?
Yes, rights are required. As soon as a vehicle begins to move on a public road, even at minimum speed and with the assistance of physical force or a cable, the person behind the wheel and in control of the trajectory is considered the driver. Lack of rights in this situation will result in a fine.
Is it possible to tow a car if the driver of the towed car is only 1 year old?
No, you can't. Traffic regulations clearly state that the driving experience of a vehicle of the corresponding category must be at least 2 years. This requirement also applies to towed vehicles.
What category of license is needed to tow a car?
To drive a towed passenger car (category B), the driver must have category “B” open. The presence of category “C” or “D” does not give the right to drive a passenger car if category “B” is not open in the license.
Is there a fine if a person without a license is driving a towed car, but the car is being driven by a tow truck?
If the car is completely loaded onto the tow truck platform and its wheels are not touching the road, then there is no need for a driver inside and, therefore, no license is required. If the wheels touch the road (partial loading), then a driver with a license is required.
Always confirm signals with the tractor driver before driving. Use a walkie-talkie or advance (hand signals) as the audible signals may not be audible due to engine and wind noise.
Driving a towed vehicle without a driver's license is prohibited by law and is equivalent to driving without a license. This requires at least 2 years of experience and the appropriate category, and also threatens with serious fines and evacuation of the vehicle.