Need to drive a vehicle? In this case, the citizen must apply for a driver’s license. This is an extremely important document for all drivers. Its absence leads to the imposition of sanctions in the form of various fines. Unfortunately, for violation of some principles of driving on roads, a driver’s license can be taken away for a given period of time. The term of punishment directly depends on the act committed. Some are interested in how to return rights after deprivation ahead of schedule. Next, we will try to study this issue from all sides. How is the forfeiture confiscated? What should such a punishment be? How to return a "driver card"? Is it possible to do this ahead of schedule? Answers to these questions will certainly make life easier for drivers. In addition, they will help to understand how lawfully authorized persons act in confiscating documents.
When can they take
How to prematurely return rights after deprivation? Finding a definite answer to a similar question is problematic. The thing is that Russian law is considered quite flexible. And so some laws have their exceptions and loopholes.
The first step is to figure out under what circumstances a driver can be deprived of the mentioned documentation. Rights can be taken away if:
- a person refused a medical examination;
- the citizen was stopped in a state of any type of intoxication;
- driver repeatedly violated traffic rules of the Russian Federation;
- the potential culprit has child support debt;
- the crossing of the railway crossing has occurred incorrectly
- Departure to the oncoming lane;
- there was a violation of the speed limit on the road section.
In the above cases, confiscation of a w / c is usually threatened. Only the duration of the sentence will vary depending on the situation.
New rules in the Russian Federation
To give the most correct answer to a previously asked question, the driver must first thoroughly understand how the withdrawal of the tanker takes place. The procedure for depriving a driver’s card in Russia has been changed relatively recently, and in favor of the “violators”.
The thing is that before the traffic police could take away at the scene of the incident, instead of permanent documentation, giving out temporary rights. Now these powers are abolished.
How can I return the rights ahead of time after deprivation of an accident and not only? From now on, drivers are more likely to defend their innocence. The thing is that confiscation of rights is carried out only by court order. Employees of authorized bodies cannot pick them up on their own.
Moreover, until the court order has entered into force, you can use the "driver card". As soon as the decision takes effect, it is necessary to independently transfer the rights to the authorized bodies. We will deal with this issue later. Such information will be useful to those who want to return to / from ahead of schedule.
Decision Making Procedure
Let's start with the confiscation of documentation. How to return rights ahead of time after deprivation? And is it even possible to cope with this task on the territory of the Russian Federation?
The procedure for deprivation of rights in Russia is as follows:
- DPS officers stop the driver, check his documents for a car and draw up a protocol of the established form.
- A potential violator is released, warning of an imminent court hearing.
- Authorized persons apply to the magistrate court with a request for the deprivation of the rights of a citizen.
- There is an appointment of judicial debate, which in writing inform the negligent driver.
- During the judicial debate, the driver will have to prove his innocence, the traffic police - to refute it.
- On the basis of the materials presented, the judge makes a decision. Suppose about the deprivation of a driver’s license.
- The parties shall be issued with a copy of the resolution of the established form.
- The offender submits a driver’s license to an authorized body and receives a certificate on handing over the documents.
The process can be considered completed. Is it possible to prematurely return rights after deprivation? And how to restore this paper at the end of the sanctions?
Appeal decision
It is worth remembering that drivers can try to defend their position. For example, the innocence of violations. If during the court session this did not work out, you should not be upset. The thing is that the driver is given time to appeal the decision of the court on the deprivation of rights.
This can be done no later than 10 days. The countdown begins at the time the court makes this or that decision. If it is possible to confirm the illegality of the charge, the driver will actually be returned a "driver's card" after its deprivation. The previous decision is annulled.
Otherwise, the driver’s license will have to be handed over. It will be possible to get it back at the end of the period of the imposed sanctions.
Early return: what the law says
But what if you want to get your hands on w / u earlier? How to prematurely return rights after deprivation? Does Russian legislation allow such an act?
Absolutely not. In Russia, such manipulation is not provided. All the driver can do is try to appeal and defend himself on time. This is the only way to achieve the desired goal.
As soon as the rights are transferred to the authorized bodies, the driver will not be able to regain the relevant documentation before the end of the sanctions. Such rules are valid in the Russian Federation to this day.
Documents for the court
Now a few words about how to pass a driver’s license and appeal a court decision on the deprivation of the relevant paper. Let's start with the judicial debate. This process causes a lot of trouble, the further algorithm of actions will depend on it.
So that in court the driver can point out that he is not guilty of anything, the following components may be useful to him:
- identification;
- appeal of a decision previously made by a court;
- the decree "on confiscation of military property";
- audio recordings of what is happening;
- correspondence;
- video recordings of the violation (it is better if the material is filmed using a DVR);
- testimony of witnesses.
How to return rights ahead of time after deprivation? All that the driver can do at the moment is to go to court and appeal the previously issued court decision.
In some cases, it is the witnesses and the video of what is happening that help to prove the innocence of the driver. In any case, if a citizen copes with the task, he may not have to hand over the “driver card”.
How to surrender rights
It is impossible to return rights after deprivation for a batch ahead of schedule, as a rule, even through a court of law. To refute your condition while driving is problematic. Therefore, more often than not, drivers are deprived of military units for the corresponding act.
How to pass the rights to the authorized bodies? Typically, the driver has to carry out such manipulations:
- Create a package of help for further manipulations. We will get acquainted with it later. It will be minimal.
- Contact the authorized bodies with the rights and prepared extracts.
- Hand over the “driver card”, and then fill out the channel about the event in 2 copies.
- Pick up one copy of the issued certificate of surrender.
It is done. The main thing is to meet the time allotted by law. Namely, 3 days from the moment the court decision comes into force.Otherwise, the driver will face a fine.
How to pick up
How to prematurely return rights after deprivation? From the foregoing it follows that in no way. If the judgment is not appealed, and it has entered into force, you will have to come to terms with the sanctions.
How does a “driver card" return after deprivation? You can act according to this instruction:
- Wait until the imposed sanctions cease to apply.
- Sign up for a theoretical exam at MREO. Hand it over.
- To pay a visit to the authorized body with a statement on the return of rights. A driver must have a passport, a court order, a certificate of exams and a duct for passing a high school with him.
- Get documentation on hand.
Important: sometimes rights after deprivation have to be restored from scratch. This is due to the fact that documents in authorized bodies are stored for only 3 years, after which they are destroyed.
About authorized bodies
How to return rights ahead of time after deprivation? The answer to this question will no longer confuse the citizen. It is not yet clear where exactly they are given the w / o and where they are being taken.
Similar operations take place in traffic police, MREO or traffic police departments. At the moment, multifunctional centers do not provide for appropriate services. But through the MFC the “driver card” can be reissued without much difficulty.
New development in the State Duma
Is it possible to prematurely return rights after deprivation? In general, in Russia there is no such rule yet. The State Duma has developed a bill providing for the relevant powers. Only provided they will not be for everyone.
The State Duma proposes to allow the corresponding operation no earlier than the expiration of 1/2 of the sentence. Unambiguously similar powers are not provided for those who:
- refused a medical "examination" at the scene;
- was punished for driving a car or other vehicles while intoxicated;
- often violated the current principles of movement.
The remaining citizens will be able to return to the w / o ahead of time. No detailed data on how to achieve the desired goal yet. Most likely, to translate ideas into reality, you will have to go to court or to the traffic police.
Examinations by the new rules
How to return rights ahead of time after deprivation of an accident if I drank before the arrival of the traffic police? You need to get confirmation that the driver was sober at the wheel. Ideally, do not drink alcohol until the situation on the road is resolved.
The new bill proposes to abolish the driving test for certain categories of punished. This rule applies to those who have been deprived of a “driver card” for a period of less than 12 months.
Important: in this case, fines of the traffic police should be completely closed at the time of applying for rights. This principle is valid now.
Summary
How can I return the rights ahead of time after deprivation? We dealt with this issue. Now it is impossible to cope with the task in Russia. The relevant powers are not provided by applicable law.
Nevertheless, a bill is still under development, which provides for the early return of driver's licenses. It is possible that it will be adopted soon. How to prematurely return a driver’s license after deprivation? So far, no way.