Each driver must have documents on the right to drive vehicles. These include a driver’s license, registration paper for a car. Present them should be at the request of the traffic police. Riding without rights after deprivation is considered illegal, therefore they are held accountable for this. The law requires arrest, a fine, or compulsory labor. This is specified by law.
Assignment of Rights
Driving license allows you to legally carry out transport management. Category B is assigned for driving a car. It is important to comply with this rule, otherwise the driver may be fined. The certificate indicates information about who controls the transport.
To get a document, you need to go through training, learn traffic rules, pass an exam. Theoretical and practical knowledge is tested. A document is provided after successfully passing the exam, and it can be removed for several reasons.
Reasons for disenfranchising
Withdrawal of a certificate is considered a serious punishment. He is appointed for violation of traffic rules. It is also provided in the following cases:
- drunk trips;
- speed increase;
- incorrect crossing of the railway;
- the presence in the machine of additional equipment located without the permission of regulatory authorities;
- incidents with victims;
- if the driver has not missed special equipment with the signal on;
- traffic violations;
- driving a car without license plates or with illegal signs.
A responsibility
What is the responsibility for driving without a license after being deprived? This provides for administrative punishment. What measure will be assigned depends on the following factors:
- the car was driven by a sober driver;
- the motorist is drunk, and the reason for the lack of rights can be any;
- if there has already been a deprivation of the license, but the driver continues to ride on fake documents.
Depending on the situation, a certain punishment is imposed. Therefore, each case should be considered separately.
Sober Riding
Riding without a license after deprivation involves administrative punishment. The driver can also forget him at home. If he was sober, then on the basis of Art. 12.7 KoAP (part 2) is assigned:
- recovery of 30,000 rubles;
- performance of compulsory work;
- arrest.
If there are no documents due to forgetfulness or loss, then deprivation of rights will not follow. If the certificate is selected earlier, then the application of such a measure is not relevant.
Fake documents
What threatens riding without rights after deprivation? For such actions usually comes criminal liability. Based on Art. 327 of the Criminal Code (Part 3), it is necessary:
- a fine of up to 80 thousand rubles;
- compulsory work maximum 480 hours;
- correctional labor - 2 years;
- 6 months imprisonment.
The punishment for falsifying documents is serious, so you should think carefully before traveling with an invalid certificate.
With alcohol intoxication
When driving in an alcoholic state, a penalty of 30 thousand rubles is imposed. Sometimes a measure such as a detention of 10-15 days is taken. Deprivation of rights is also possible. Such measures are provided for by Art. 12.8 of the Code of Administrative Offenses (part 3). The punishment is established by the court.
Riding without rights after deprivation due to driving while intoxicated is subject to criminal penalties. Although it will also be necessary to pay a fine with him, criminal liability still impedes the implementation of many plans. For example, with a criminal record it is much more difficult to find a job. The situation is aggravated if there was a deprivation of rights for driving while intoxicated:
- a fine of 200-300 thousand rubles;
- forced labor.
- arrest up to 2 years.
When the court imposes a sentence, mitigating and aggravating circumstances are taken into account.
Appeal
Riding without rights after deprivation is considered illegal, therefore a penalty is imposed. By law, the inspector is prohibited from depriving himself of his driving license on his own initiative. Only a court can do this. The duties of the inspector include:
- Drawing up a protocol. The document sets out the situation. Be sure to sign the car owner. But the driver may not sign the protocol.
- Referral to court. Within 24 hours, the case must be referred to court. The driver may demand a review at his place of residence. Only after this is a fine imposed for driving without rights after deprivation.
By law, the driver can appeal the decision. During this time, he can drive. If he has no desire to appeal, then you must pass the certificate to the traffic police for 3 days. The inspector issues a temporary certificate, which is valid for 2 months. Only driving without a license is punished. After the expiration of the term of deprivation, the driver can pick up the certificate.
Nuances
Although punishment is provided for driving without rights after deprivation, there are still nuances:
- the inspector has the right to seize the document, but not to deny the possibility of driving;
- after the seizure of rights, the inspector issues a provisional certificate that allows driving a car until a court decision;
- only a court can deny rights;
- not to allow punishment or mitigate it will result if the traffic police employee does not comply with the law.
Specialist advice
Automotive lawyers advise you to use the following rules:
- It is necessary to participate in the preparation of the protocol, to make adjustments. If the employee violates the requirements, it is necessary to fix this in the text of the document.
- If there are no witnesses during the execution of the protocol, it may be invalid. The same applies to the lack of signatures of witnesses. The documentation should be compiled on the basis of legislative norms.
- The mitigation of punishment is possible by filing a petition. The statement should indicate the reasons justifying the actions. You can file it at any stage: in court or in the traffic police.
If the certificate is missing not because of the deprivation of the right, but due to the loss of the document, then you must contact the MREO with a statement. Recovery time is 2 months. Traffic police recommend taking into account the validity period of the document. According to the law, it is valid for 10 years, and then, if you do not extend it, it will be almost the same as a deprivation of rights. If the rights were stolen, then you must contact the traffic police with a statement. A temporary certificate will be provided, the validity of which is 1 month.
Riding without a license
If you still had to go without rights, then you need to use simple rules:
- You need to move along the road without attracting attention.
- It is important to comply with traffic rules.
- The car must be clean.
- Various logos, body kits should be removed.
- Rebuild in the left row, so as not to stop for checking documents.
The employee has the right to allow driving to a person who is located next to the intruder, but only if he has the necessary documents. Many people consider riding without a certificate not a serious violation, but this can lead to serious consequences. Therefore, it is important to renew the rights on time, as well as always take with you.