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Early return of a driver’s license: bill, grounds and recommendations

The deprivation of the ability to drive a vehicle is probably the most popular sanction for an offense committed on the road. I must say that this measure of punishment is, although effective, but still not the most pleasant one. Citizens get a lot of inconvenience, and sometimes even lose their jobs. Is there a possibility of early return of a driver’s license? The answer will be received in the article.

About deprivation of rights

The first thing worth noting is a misconception widespread in Russian society, according to which rights are taken away only for drunk driving. In fact, there are much more reasons to apply such a sanction. In order not to lose the cherished ability to drive a car, drivers should be especially careful.

Withdrawal of a driver’s license from a guilty citizen entails a temporary ban on driving. Car owners have many problems and difficulties. The habit of traveling in our own transport haunts people deprived of their rights. Citizens begin to search for ways in which it would be possible to return a driver’s license ahead of schedule.

General Provisions

The rules on the withdrawal and return of a driver’s license are recorded in the Code of Administrative Offenses of the Russian Federation. In 2017, some changes to the Code were made, which are worth considering in detail.

early return of a driver’s license

How exactly should rights be confiscated? Until recently, the traffic police inspector himself could pick up the documents right on the road. Since 2017, he has no such authority. From now on, only a court can deprive a person of a driver’s license. In addition, the fact of deprivation of rights can be challenged. For this, a citizen has ten days, starting from the day the relevant verdict is issued. If there are significant arguments, the chance to return the cherished rights is quite large.

When a citizen refuses to challenge the seizure of rights, there is a process of transferring the relevant documentation from the court to the traffic police. A person can return the documents on condition of filing an application one month before the expiration of the sanction. The statement indicates the unit of the traffic police, the region, information about yourself and current dates. From the documentation for the return of rights you will need a passport, a copy of the court decision, as well as a certificate confirming the delivery of a driver’s license.

Reasons for the withdrawal of rights

As already mentioned, drunk driving is far from the only reason for the withdrawal of rights, although quite common. It is also worth highlighting:

  • The presence of a specialized service mark on a car without special permission. A simple example is the so-called “flasher,” mounted on a non-official car.
  • The transfer of driving to a drunken person. In this case, it is possible to avoid punishment if it is possible to prove that a drunken person forcibly took control of a vehicle. However, not everyone considers it appropriate to "substitute" their comrades in this way.
  • The lack of a registration number, as well as the presence of fake registration numbers.
  • The absence of lighting devices, or their presence, but not in accordance with the standards.
  • Secondary driving while intoxicated.
  • Speeding in the presence of previously unpaid fines.
  • Transportation of special goods without special permission.
  • Violation of traffic rules, which caused slight harm to the victims.
  • Leaving the scene of a traffic accident.
  • Transportation of special cargo on an unspecified route.

Above were listed only the most popular ways to deprive a driver’s license. Of course, there are many other reasons for the seizure of documents by relevant law enforcement agencies.

Returning a driver’s license earlier than the deadline

The term of deprivation of rights depends on the gravity of the offense. Sometimes the court imposes such a large temporary punishment that the driver has a logical question: is there a procedure for the early return of a driver’s license?

 driver's early return law

All rules on the withdrawal and return of a driver’s license are in the Code of Administrative Offenses. The law on the early return of a driver’s license does not say anything. It is only known that in order to receive the seized documents it is necessary to retake the theoretical part of the SDA exam. It is allowed to do this after half the sentence. If the exam fails, then a retake is scheduled in a week. The number of retakes is not limited by anything.

So, an early return of a driver’s license is not yet possible. Although there have already been attempts to introduce a similar norm.

Current legislature

Unfortunately or fortunately, Russia has not adopted a law on the early return of a driver’s license. Although such a normative act would hardly have any meaning. Today, all necessary standards are enshrined in the SDA as part of the Code of Administrative Offenses, which already provides fairly comprehensive information. early return of parental rights after deprivation

Most recently, the media began to actively disseminate information about the allegedly legal possibility of an early return of a driver’s license. The source of such news was the bill of the ex-head of the traffic police of the Russian Federation Vladimir Fedorov, developed in 2014. Fedorov advocated the possibility of early obtaining a driver's license. So, the driver must prove that he pleaded guilty and completely corrected. The initiator of the project wanted to create a kind of parole, in which it would be possible to early return the driver’s license after being deprived by order of the court. However, the law was never adopted. The reason is the strangeness and fuzziness of the wording. Still, comparing parole, which allows you to prematurely gain personal freedom, and the return of an optional right is a somewhat incorrect undertaking.

Perhaps someday a better version of the law will be adopted, according to which drivers still get the opportunity to get rights ahead of schedule. However, today there are only illegitimate options for which the strictest liability has been established.

Challenging procedure

The only legal way to return a seized driver’s license is to challenge the court decision within ten days after it is issued. For starters, it's worth waiting for the end of paperwork. The court must warn the defendant of the relevant decision. Only then is it possible to appeal.
passed a law on the early return of a driver’s license

It is immediately worth noting that it is possible, but very difficult to win the second instance proceedings. It is necessary to collect and prepare a truly large evidence base. This video footage, testimony, expert opinions, etc. Many drivers do not stand up to such work and wonder about its necessity. It is at this stage that citizens begin to search for bills on the early return of a driver’s license. Occupation is, as already clear, useless. If driving a car really plays a big role in a citizen’s life, then it’s worth working on the legitimate evidence-gathering process.

Dispute Methods

The minimum term for deprivation of rights is one month. Set by the court for the lack of numbers. The maximum term is three years. The driver receives such a penalty for leaving a place of an accident or driving while intoxicated. It is worth noting that the terms of sanctions can be added up. For particularly malicious offenders, punishments can be tens of years of driving deprivation.
driver's early return bill

In court, you can try to prove that the data provided by the traffic police is falsified. We’ll have to analyze the protocol drawn up at the site of the violation, question the positions of employees, etc. However, one should be careful: it’s important not to slip into the usual slander, for which the court may impose heavy fines.

Return of rights after the term of punishment

If a citizen did not submit an application to the court of appeal or did not want to do this, then you will have to ride public transport for some time. The decree of the State Duma on an early return of a driver’s license is unlikely to be released in the near future, and therefore it is worth enduring until the deadline is reached.

To restore the seized documents, the police must be contacted a month before the official end of the sentence. The traffic police will have to pass an exam, provide a passport, a medical certificate and other documents. If the citizen is still “hanging” unpaid fines, then they also need to be paid. Otherwise, the driver’s license will not be given.
case law for the early return of a driver’s license

You will have to spend some money on the return procedure. About a thousand rubles will go to a medical certificate and 3 thousand rubles - to the state fee for passing the exam.

The rights will lie with the traffic police for three years after the expiration of the sanction. If the driver does not pick up the document, the relevant officials will destroy it.

"Purchase" rights

Legal grounds for the early return of a driver’s license do not exist today. Drivers who do not wish to legally dispute court decisions sometimes simply “buy” new rights. However, fake documents today are very easy to identify. The traffic police database allows you to determine the illegal nature of the certificate in a matter of seconds.
Decree of the State Duma on the early return of a driver’s license

The driver faces a sanction for using a fake document under article 327 of the Russian Criminal Code. This is a fine of up to 80 thousand rubles, compulsory work of up to 80 hours, or even arrest up to six months. I must say, not the most pleasant ways to bear punishment. Therefore, it is better not to break the law and calmly wait for the return of the driver’s license.

Bribe to the traffic police

Sometimes the traffic police themselves ask for money. In return, they offer information on how to early return rights after deprivation. The article of the law in this case establishes a sanction both for corrupt police officers themselves and for drivers who have succumbed to bad influence.

The punishment here is established in accordance with norm 291 of the Criminal Code of the Russian Federation. For a bribe, individuals face a fine of up to 500 thousand rubles, or correctional labor for up to two years.

Drivers often sit behind the wheel without documents, desperate to look for ways to early return the driver’s license. Judicial practice records many cases of driving without a certificate. In this case, the penalty will be a fine of up to 30 thousand rubles, arrest for two weeks, or correctional labor up to 200 hours.

Deprivation of rights for a booze

Separately, it is worth highlighting cases of deprivation of rights for driving while intoxicated. It is immediately worth noting that drivers who love to drink will not only be deprived of their rights, but will also pay a serious fine.

It will be very difficult to challenge your case during the trial. The only way out is to prove the incompetence of the doctors who conducted the medical examination. Do not ask questions about how to early return rights after deprivation. Articles about traffic rules in the Administrative Code do not yet consolidate anything like this.


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