What is a deprivation of driving license? The type of misconduct subject to such punishment constitutes an administrative offense. Therefore, a definition should be understood as an administrative punishment provided for by Russian law. As a rule, such an adverse effect occurs solely for significant violations in relation to traffic rules. It is important to note that the period of deprivation of an individual's ability to drive a car can vary from 1 month to 2 years. The terms characterizing the deprivation of the right to drive vehicles vary depending on the type of offense. This article discusses in detail all the nuances associated with this procedure.
General Provisions
As you know, today there are more than a dozen traffic rules, in case of violation of which the driver can "earn" the deprivation of the right to drive vehicles (CAO RF). The greatest distribution at present is the driver’s departure into the oncoming lane and, of course, his alcohol intoxication. In addition, there are other violations, however, they are less common and provide for a milder punishment.
After reading this article, the reader will clearly know how to behave on the road in order to avoid very severe penalties, such as deprivation of the right to drive vehicles. In addition, the article describes the procedure for deprivation of rights (in other words, it explains who, when and where can take the driver’s license from the individual), the calculation of the period of deprivation. In addition, here, in all details, the procedure for returning a personal document to a citizen is considered.
So, sounding like a verdict, deprivation of the rights to drive a vehicle in Russia can be imposed in accordance with several types of traffic violations. It is necessary to add that absolutely each of them can lead to a traffic accident with very adverse consequences for its participants. It would be advisable to consider such violations in more detail. So, let's start from the very beginning and find out in which cases a driver's license can be taken away from us.
For what reasons can I lose my identity?
The resolution “On the deprivation of the right to drive a vehicle”, as well as chapter twelve of the Code of the Russian Federation on Administrative Violations, identified violations of the SDA, for which such a punishment as deprivation of a driver’s license is provided. So, current violations are presented in increasing order of deprivation periods. An individual must lose a driver’s license for one to three months in the following situations:
- Driving any vehicle without license plates or driving a car whose determining numbers are hidden by means of special tools. This also includes the management of any vehicle, the installation of which numbers is provided anywhere, but not in special places for this.
- Failure to provide vehicles with specialized services on the road, the sound and light signals of which are included.
- Drive a car that is not registered again.
The deprivation of the right to drive vehicles for a period of three to six months is provided in case of violation of traffic rules in relation to level crossings (for example, stopping at the level crossing, driving outside the level crossing, driving at a traffic light that prohibits light, traveling in the event of a closed barrier, and so on).
More than three months
For a period of 4-6 months, you can lose your driver’s license in case of the following types of traffic violations:
- Speeding at sixty to eighty kilometers per hour.
- Departure to the lane corresponding to the oncoming traffic direction, or to tram tracks with the oncoming traffic type.
- Driving in the opposite direction in the case of a one-way road.
- Ignoring the traffic controller’s gesture or traffic signal prohibiting movement in a repeated manner.
- Organized transportation of passengers under the age of majority at night, which means from eleven in the evening to six in the morning.
Deprivation of the right to drive vehicles for six months is provided due to exceeding the speed limit by more than eighty kilometers per hour. Up to one year, you can lose your driver’s license in the case of transport during the suspension of the driver’s license by the bailiffs. Deprivation for a period of six months to one year is provided for in the following situations:
- Driving any vehicle with fake (intentional) license plate numbers.
- Driving any vehicle, the front of which is equipped with lighting devices that do not meet basic requirements.
Maximum terms
The deprivation of the right to drive vehicles for a year is provided for in the following cases:
- Repeated violation of the DPP in relation to railways.
- Departure into the oncoming lane repeatedly.
- Oncoming traffic in the case of a one-way road in a repeated manner.
- Exceeding the speed limit by sixty to eighty or more kilometers per hour repeatedly.
Collection of a penalty, deprivation of the right to drive a vehicle - the consequences provided for by such violations as:
- Driving any vehicle with illegally installed signaling mechanisms, both light and sound.
- Management of any vehicle with colorographic schemes of transport operational services.
- Refusal to have a medical examination done for the degree of intoxication with alcohol.
- Leaving the place where the accident occurred.
- The use of narcotic, alcoholic and other means after an accident.
- Causing health damage to road accident participants to a mild degree.
Deprivation of the right to drive a vehicle (CAO) for a period of one and a half to two years is provided for in the following cases:
- The use of devices for the supply of specialized signals, both sound and light.
- Driving in a state of intoxication.
- The transfer of control of any vehicle to a driver who is intoxicated.
- Causing moderate damage to the health of road accident participants.
Suspension of an identity
The Decree “On the deprivation of the right to drive a vehicle” determined that from January 15, 2016, in addition to depriving a driver’s license, a driver may lose his right to drive a car temporarily due to actual debt directly to the bailiffs.
It is important to note that in the presence of debts related to fines of the traffic police, the penalty is imposed for an amount of more than ten thousand rubles. It must be added that the validity of the driver’s license in this case can only be renewed when the driver has paid the debt.
Deprivation of driving license: order
Having considered all the reasons according to which you can lose your driving license, it would be advisable to go to the procedure for this procedure. To begin with, it should be noted that the deprivation of a driver’s license is possible exclusively from the judge. Since September 1, 2013, the deprivation of the right to special control of a vehicle does not imply the seizure by the traffic police of the driver’s license. Accordingly, the issuance of a temporary driver's license is also not necessary. It is important to note that the driver is obliged to independently submit his own license after the entry into force of the decision regarding the deprivation of driving rights within three working days.
Beginning of the deprivation period
You need to know that the deprivation of the right to drive a vehicle (Article 12.8, for example) presupposes an appropriate period, the starting point of which is set ten days after the entry into force of a decision of the world judicial authorities. By the way, ten days are also given to appeal this decision. Today, situations are known according to which the term of deprivation of a driver’s license begins not after ten days, but somewhat later.
Among them there are such cases:
- When the decision of the judiciary is disputed in the higher courts, the period of deprivation begins only after the second decision comes into force. It is important to note that prior to the entry into force of the decision, the driver is vested with the full right to drive any vehicle, provided that the driver’s license is left in his hands.
- When the driver does not submit his driving license within three business days. Until the driver performs this operation, the countdown of the term of deprivation will not begin.
Deprivation of driving
What today threatens the driver with a ride without a license? So, if an individual was deprived of a driving license and does not have other necessary documentation, then he faces a fine of thirty thousand rubles. Responsibility in the case of driving after deprivation for those individuals who do not have rights at a fundamental level is applied in the form of an administrative penalty in the amount of five to fifteen thousand rubles. It is important to note that in practice in some cases, in addition to penalties, a driver’s detention of up to fifteen days is used, and correctional work for a period of 100 to 200 hours is also supposed.
Term of deprivation in case of loss of rights
Special attention should be paid to calculating the period of deprivation of rights in case of loss of a driver’s license. It refers to a situation where an individual has lost a driver’s license, because of which he has nothing to pass to the state traffic police unit. It is important to note that in this case the term of deprivation cannot begin. To solve the problem, it is necessary to submit an application to the STSI regarding the loss of a driver’s license. It should be added that the document is formed in free form. After the application is received and recorded, the STSI starts calculating the period in question. After the period of deprivation of a driver’s license, a duplicate of his license is issued to the driver.
Obtaining a driving license after deprivation
To begin with, it would be advisable to consider how to calculate the date of return of the driver’s license. Everything is extremely simple here. First of all, it is necessary to determine the beginning of the period of deprivation of a driver’s license, that is, a specific number.
Suppose the violation was implemented on September 1, the court hearing was held on September 20, the decision of the judicial authorities was disputed in a higher court on October 18. The term of deprivation in this case is one month. The date of the beginning of the deprivation period here is considered to be 18.10. If the initial decision of the bailiff were not disputed, the start date would be 30.09 (20 + 10).So, in the first case, the deadline for the decision is 19.11, and in the second - 31.10. By the way, since 19.11 is, for example, a day off, then you need to go for the rights on 20.11.
In addition, one should pay close attention to the fact that the beginning of the deprivation period may be delayed when the driver has not taken a copy of the decision in the judicial authorities. In this case, the calculation does not begin from the date of the court hearing, but from the moment the relevant decision is received. In other words, if, in the example discussed above, the driver had not taken a copy of the decision immediately, and she would have come to him by registered mail in fourteen days, then it would only be possible to pick up the driver’s license on December 4th.
Further, it will be expedient to directly consider the problem of returning a driver’s license. So, for the implementation of this procedure, it is necessary to be guided by the fourth part of Article 32.6 of the Code of Administrative Offenses. In accordance with this provision, when the term of deprivation of the right of a special nature for the implementation of administrative offenses, which are provided for in Article 9.3, as well as the twelfth chapter of the current Code, has expired, a driver’s license (or a tractor driver’s license) withdrawn from a citizen subjected to one or another type of administrative punishment, returned subject to passing the test of knowledge of traffic rules.
It is important to add that if we are talking about administrative violations, which are provided for by the first and fourth parts of Article 12.8, the first part of Article 12.26, as well as the third part of Article 12.27 of the current code, then, in addition to checking knowledge of traffic rules, the driver agrees to undergo a medical examination in order to determine if he has a medical condition for driving. It is necessary to pay attention to the fact that if the driver’s license is deprived of the articles that are closely related to driving any vehicle while intoxicated by alcohol, the driver will need to undergo a full medical examination one way or another, and then submit a medical certificate to the traffic police.
It is important to remember that from September 1, 2013, all drivers who are deprived of a driver’s license will be required to pass an exam in theory related to the current rules of the road. In addition, from November 10, 2014, in order for an individual to return his rights, he should pay off all arrears of traffic police fines.
Currently, many legal entities provide assistance in case of deprivation of a driver’s license. Therefore, when the driver is firmly convinced that the deprivation of the special right to drive a vehicle was imposed in an unlawful manner, he is advised to consult a competent lawyer for help and, accordingly, to resolve such a serious issue. In conclusion, it should be noted that in any case it is necessary to know not only the rules of the road (and, of course, impeccably obey them), but also your own rights. All this is necessary in order to prevent serious violations, as well as further errors in the case of a case in court. The main thing is to obey the letter of the law implicitly, and then many problems can be avoided.