In order to drive a vehicle freely, each driver must have a driver’s license with him. And, of course, the prospect of their deprivation is the biggest nightmare of any motorist. As you know, rights can be lost in connection with many serious offenses on the road, so such a procedure as obtaining rights after deprivation may not be so simple.
The most common reasons for disqualification
The reasons why the traffic police can withdraw a driver’s license are clearly worded and, according to the RF Code of Administrative Violations, look like this:
- Driving a car under the influence of alcohol or drugs or transferring the right to drive to a person who is intoxicated. A driver’s refusal from an examination confirming his drunken state also entails a punishment - deprivation of rights for a term of 1.5-3 years.
- Traffic in a lane intended for oncoming traffic is punishable by deprivation of rights for a period of 4-6 months.
- Driving a car without special registration signs or equipped with signs that differ from the state-established model is punishable by deprivation of rights for a period of 1-12 months.
- Exceeding the speed limit by more than 60 km per hour provides for the deprivation of rights for a period of 4-6 months.
- Creature emergency with victims will relieve you of the rights for 1-2 years.
In fact, there are many more reasons why a person can lose his driver’s license, although some situations also involve a penalty such as a fine. Each case is individual and is considered by the traffic police commission in a separate order. For example, if this is “transportation of goods without a permit,” then it is likely that the punitive body will be limited to a fine, but if it is “drunk driving,” then there can be no question of a fine. In this case, the matter will be dealt with by the court, not the traffic police service.
Obtaining rights after deprivation is not such a simple procedure, it involves a certain procedure.
Actions of the traffic police officer
The traffic police officer is required to respond to any offense as follows:
- Draw up a protocol.
- Deprive the driver who violated the ID.
- If necessary, remove the offender from driving and take him to the place of a medical examination.
- Detain the intruder’s vehicle.
- Issue a temporary document to the driver.
What is a protocol?
A protocol is a document that in such a procedure as obtaining rights after deprivation will become a decisive argument and can testify both in favor of the driver and against him. But you should be aware that a protocol that is framed incorrectly can be challenged in court. And if it is declared invalid, then it is likely that the offense itself will not even be considered by the court.
The document must be prepared in accordance with the established requirements and contain the following information:
- Date and place the protocol was created.
- Data of the traffic police officer (position, full name).
- The data of the offender.
- Explanations of the offender.
- Witness data (if any).
- Information about the place of the violation (place, time).
After drawing up the protocol, the inspection officer must make a note in the driver’s license, provide the offender with a protocol for review, and explain to him the rights, duties and further actions.
The driver must familiarize himself with the protocol and sign it only if what is stated in the document is true.
Time resolution
The driver’s license itself, as a rule, is seized right at the place of violation, and until the court pronounces the verdict, the driver is issued a temporary document, the term of which cannot exceed two months.
If the court during this period did not consider the case of the violation or the driver challenged the court order, the validity of the temporary document can be extended for another month.
Driving License Term
The first thing you need to know exactly when is the time limit for obtaining rights after deprivation. The easiest way is to contact the clerk of the court that examined the case.
A court decision shall enter into force ten days after the receipt of a copy by the accused. As a rule, it is handed directly to the hands. During this time, the decision can be appealed.
If the driver has not received a copy of the court order, the date of receipt of the rights after the deprivation is postponed. And it is important to know that the calculation must be made from the moment of receipt of the decision, and not from the moment of the court session.
Where are the documents stored?
To know where to look for the seized certificate, you should familiarize yourself with the court order. If there is none, then you need to contact the court that examined the case.
As a rule, a driver’s license is handed over to the traffic police unit that seized him. But there are cases when the procedure for obtaining rights after deprivation involves the transfer of a storage certificate to a department located at the driver’s place of residence, and not at the place where the violation was committed.
Forwarding a driver's license
If obtaining rights after deprivation will be carried out in the territory of another region, then there is a need to submit an application to the traffic police for sending the certificate.
- The application must be submitted to the traffic police department where the certificate is stored.
- The document must be submitted no later than one month before the end of the term of deprivation.
- The statement must indicate the traffic police department, where you need to send a driver’s license.
- The application can be executed both in written and in electronic form. If this is a hand-drawn document, then it must be sent by registered letter or hand in personally.
If all the rules for filing and issuing are met, and the application for sending the certificate arrives on time, then there is a possibility of obtaining rights on the day when the term of deprivation ends.
Exam
Since 2013, the procedure for obtaining rights after deprivation includes such a mandatory procedure as passing the exam. That is why it is necessary to study or repeat the SDA exam tickets in advance.
The theoretical exam can be passed already after half the period for which the deprivation was made. For example, if it was a period of 18 months, then after 9 you can take the theory.
If you failed to pass the exam the first time, and retake is required, then you can do this only after seven days.
Mandatory conditions for obtaining rights after deprivation
If the driver was deprived of documents for driving while intoxicated and he refused to undergo the examination procedure, then obtaining rights after deprivation will be impossible without presenting a medical certificate. A document from the doctor must be issued to the driver no earlier than 30 days before the expiration of the term of deprivation.
In addition, if the offender has unpaid fines then the traffic police may require payment. It is worth saying that the employees of this structure do not have the right to do so, since they are not representatives of the body controlling the execution of sentences.
Obtaining rights after deprivation. Step-by-step instruction
So, after the execution of the court order, the driver, having lost his rights, wants to restore his driver’s license. To do this, you must adhere to the following recommendations.
You need to have:
- A document that is an identity card, that is, a passport.
- A medical certificate attesting to a permit to drive a vehicle. The document has a standard, uniform form for all and is valid for three years.
- Court statement.
Directly in the traffic police unit, you must write a statement in accordance with the established model.
Is it possible to return rights after deprivation ahead of schedule
Often there are situations when a driver, deprived of his rights, urgently needs an early return of his driver’s license. As a rule, this applies to people for whom a driver’s license is an obligatory component of labor and professional activity.
It is worth saying that such a concept as early receipt of rights after deprivation does not exist in the law. Nor positive characteristics from the place of work, neither the request of the authorities will help to return the rights before the due date. And even when various legal organizations offer a simple and painless way to return rights, you should not rely on them, since there is a possibility of running into scammers.
Obtaining rights after deprivation ahead of schedule legally is possible only through the court. According to statistics, the percentage of such cases is very small. But if there is confidence that the driver has become a victim of a biased employee of the traffic police, then you can try. To do this, write supervisory appeal.
2. Resubmit the rules (to learn very well, everything will be exactly errors until they know how they manage to)
3. Go for the rights. But there is one thing, the preparation of documents (the cops require something that is not even necessary), you need to have with you: 1. a copy of the decision, 2. a receipt that you hand over the rights,
3. the medical certificate is fresh (preferably a copy of the certificates from the narcologist and psychiatrist, but may not ask) 4. the receipt that the fine was paid (if the bailiffs were removed, then you need a certificate from the bailiffs (otherwise the base can go as unpaid (even if passed two years, you yourself know chaos there and no one wants to work)
5. Examination sheet (on the retake of the rules)
6. application for the return of rights (must give where you get the rights)
And everything was done so that in one day it was not realistic to implement. Good luck to all