In today's world it is difficult to imagine a person without cars, trams, trolleybuses and other vehicles. Especially in cities and large settlements, they give people the opportunity to spend a minimum of time on movement. With their help, communication, interaction is carried out.
For these purposes, there is public transport and transport for the carriage of goods, the drivers of which are required to have appropriate permits to carry out such activities. And also many people buy cars for personal use and get a driver’s license to be able to drive them.
But due to the fact that vehicles are not only a necessary system of movement, but also a source of danger on the roads, the legislator is forced to adopt special regulatory legal acts regulating this area. Such provisions include the receipt, deprivation of a driver’s license, their return, as well as all the nuances associated with these procedures.
Information on what are the features and reasons for the loss of the right to drive vehicles, how to restore them, is useful and interesting for many citizens.
Driving license, reasons for disqualification
To begin with, who can have permission to drive a car. A driver's license in the Russian Federation can be obtained by any citizen of the corresponding age (for a different category of rights - a different age qualification) who has a medical permit for driving, who has passed the appropriate training and passed a certain exam.
This kind of certificate gives a person the right to drive a vehicle (TS) - a technical device designed to transport goods or people over relatively long distances on roads (asphalt, dirt, etc.).
Driving license can be national and international. Russian national certificates are issued for 10 years, and international - for 3 years, but not more than for the period of validity of the national certificate.
Depending on the type of transport, a citizen undergoes appropriate training and passes an exam on it. Sample programs for drivers are developed by authorized bodies of federal importance of the executive branch in the order determined by the Government of the Russian Federation. And this training is provided by organizations that can carry out educational activities and provide for this kind of teaching. Examinations are conducted by officials of the Russian Federation Department of Internal Affairs in the form of practice and theory.
In Federal Law 196 "On Road Safety", the grounds for terminating the right to drive a vehicle are prescribed. These include:
- expiration of the certificate;
- identification of medical contraindications or restrictions under which it is impossible to be behind the wheel;
- committing administrative offense or a felony.
In the latter case, the certificate is forcibly withdrawn. Depending on what kind of criminal act was committed, the punishment may be different.
Administrative offenses involving the deprivation of rights
Driving license administrative offenses are committed in accordance with the laws prescribed in chapter 12 of the Code of Administrative Offenses of the Russian Federation. Under this code, the certificate is subject to withdrawal in such cases:
- Transport management with obviously fake license plates - for a period of 6 to 12 months.
- Driving a vehicle with a red (or other unacceptable by law) color light on the front of the vehicle for a period of 6 to 12 months.
- Driving with installed devices without permission for signaling by sound or light (except for alarm) - from 1 to 1.5 years. If such devices were used while driving, then according to the traffic police rules, driver’s license is deprived for a period of one and a half to two years.
- Driving a vehicle on the surface of which symbols of special services vehicles are applied without permission from the outside for a period of 1 to 1.5 years.
In the same code, the legislator establishes the terms and procedure for the deprivation of a driver’s license for drinking and using substances of a narcotic or psychotropic nature.
A driver who is intoxicated while driving, as well as a citizen who has handed over the vehicle to the control of a person who was at that moment in a similar state, are deprived of their rights for a period of 1.5 to 2 years.
In these situations, in addition to the withdrawal of the certificate, a fine is imposed on the driver, which increases, as does the term of deprivation of the certificate (up to 3 years), in case of repeated violation.
There are some clarifications regarding the situations in which a driver's license is required. The new law prescribes to exclude citizens from driving while intoxicated if the concentration of ethyl alcohol is at least 0.16 ml / l of exhaled air. In situations where the driver refuses to pass medical examination he is punished with a fine of 30 thousand rubles with the withdrawal of the possibility of driving the vehicle for one and a half to two years. The same sanction applies to persons who do not comply with the requirement to prohibit the use of alcohol, drugs or psychotropic substances after an accident to which he is involved, or until an examination is carried out on the content of these substances in his body at the time of stopping the transport at the request of the inspector.
Deprivation of a driver’s license occurs as one of the penalties if:
- The driver repeatedly violates the law prescribed in article 12.1 in part one (drives a vehicle that is not registered in the prescribed manner) for a period of one to three months, or a fine of 5 thousand rubles will be imposed on him.
- A citizen drives a vehicle without state. registration signs, with modified numbers or with devices that prevent their identification - for a period of 1 to 3 months, or he will have to pay a fine of 5 thousand rubles.
- The driver exceeds the permissible speed by more than 60 km / h, but not more than 80 - deprivation for a period of 4-6 months. Or collection in the amount of 2-2.5 thousand rubles.
- The driver exceeds the permissible speed by more than 80 km / h - deprivation for 6 months. Or, a fine of 5 thousand rubles will be imposed on him. In cases of repeated data violations concerning speed, a citizen is deprived of his rights for one year.
- The driver crosses the railroad tracks (stands) not for a special crossing, during the closing of the barrier or for the prohibition signal of the traffic light - for 3-6 months. Or he is charged with a fine - one thousand rubles. Repeated violation shall entail withdrawal of the certificate for one year.
- The driver repeatedly violates the law prescribed in article 12.12 in the first part (it passes by a prohibiting signal of a traffic light or manipulation of a traffic controller) for a period of 4-6 months. Or he is punished with a fine of 5,000 rubles.
- The person driving the vehicle makes a trip to the oncoming lane or tram tracks of a similar direction in the wrong place, while not having the intention to go around any obstacle - for a period of 4-6 months. Or pays 5000 rubles. And in case of a repeat of the violation, the term of deprivation increases to one year. The same sanction awaits a person who drives in the opposite direction on a one-way road.
- The driver does not miss special equipment on the road with warning signals turned on and color schemes applied - for a period of 1 to 3 months. Or he will have to pay 500 rubles.
- The driver transports bulky and (or) heavy loads without special permission or deviates from the route prescribed for him - for a period of four to 6 months. Or a fine is imposed on him - 2-2.5 thousand rubles. If the cargo dimensions are 10 cm larger than those specified in the permit, then the driver’s certificate is also taken for 2-4 months, or he will have to pay a fine - one and a half to two thousand rubles.
- Citizen is transporting dangerous goods without a certificate of preparation for the transportation of this type, without special permission for this vehicle and other necessary documents. In this case, rights must be taken from him for a period of 4 to 6 months. Or a fine is imposed on him - 2-2.5 thousand rubles.
In addition to the above, the Code of Administrative Offenses assumes that a driver’s license is also taken from a person who left the scene of the accident on the road of which he was a participant. Deprivation at the same time occurs for 1-1.5 years. Or the driver can be arrested for up to 15 days.
Crimes UKRF, entailing the deprivation of rights
The deprivation of a driver’s license as a result of criminal offenses occurs in accordance with the UKRF. So, article 264 states: a person who violated the rules of the road or the operation of the vehicle, which caused serious harm to the health of another citizen, is not only punished with a term of imprisonment, but also loses his driver’s license for up to three years.
If the citizen who controlled the vehicle was in a state of alcoholic or drug intoxication during the commission of these acts, and (or) a violation caused the death of another person, the term of seizure is also up to three years.
At the same time, the severity caused to human health is determined by forensic experts in accordance with the rules approved by the resolution of 08/17/2007 - 522, with the latest amendments from 11/17/2011. Based on this law, grievous bodily harm is classified according to such signs as danger to human life, loss of vision, any organ (functions), hearing, psychological disorder, termination of pregnancy, incorrigible distortion of the face, loss of general disability by at least 1 / 3 or professional - completely.
It is worth noting that similar violations (and punishments for their commission), which resulted in harm to the human health of mild and moderate severity, are determined by the Code of Administrative Offenses of the Russian Federation. In these cases, the driver loses the right to drive vehicles for a period of 1 to 1.5 years and from 1.5 to 2 years, respectively. Or they are paid a fine from 2.5 to 5 thousand rubles and from 10 to 20 thousand, respectively.
The remaining offenses and crimes in the field of traffic on roads specified in the Codes provide for other sanctions against citizens who committed them.`
The procedure for deprivation of rights. Protocol writing
The procedure for depriving a driver’s license includes the commission of an offense, drawing up a protocol, a trial, a court order, the surrender or withdrawal of a license.
The driver loses the right to drive a vehicle as a result of appropriate actions. According to the Code of Administrative Offenses 28.3, protocols on administrative offenses are drawn up by officials of authorized bodies. The traffic police inspector, stopping a citizen on the road, identifies this misconduct and draws up a report on the spot.
This act should contain information on the date, time, place of the event, as well as data on the driver, inspector and witnesses, if any. The protocol clarifies the article of the Code or the law in accordance with which the deprivation of a driver’s license occurs. The citizen who has violated the rules is explained his rights and obligations, and in the event of his objection, all his comments and explanations are also subject to inclusion in the document.
The drawn up protocol is fixed by the signatures of the inspector, driver and witnesses, after which it is handed to the violator. If the citizen managing the vehicle refuses to sign the act, then the corresponding note is put down in it. The driver’s license itself is not physically seized.
Further, materials on an administrative offense are sent to the court within 3 days from the date of the protocol. The trial will take place at the place where the offense was committed, unless otherwise specified by the driver’s request. Together with the act, the inspector sends to the relevant authorities all evidence materials (audio-video shooting, diagram, etc.).
Judgment of the termination of rights
After the protocol for the deprivation of a driver’s license is drawn up and sent, the court begins consideration of the case, notifies the driver of the place and time of the proceedings. At a meeting, a citizen has the right to familiarize himself with all materials, submit evidence, petitions, use the help of a lawyer, appeal a sentence, etc.
Based on the results of the court hearing, a decision is made to impose an administrative penalty or to dismiss the case.
The decision to end the process in the case of an administrative violation is made, if there is no composition or event of violation, the driver is presented simply with an oral comment.
Driver's actions in sentencing
Thus, the driver has the right to be aware of the reason and in what order the deprivation of a driver’s license occurs. In this case, early return of the certificate may occur in case of appeal against the decision made by the court.
So, after a decision has been made, and on this basis the certificate has been deprived, the driver can appeal this decision within 10 days from the moment it was received at a higher authority. If this application has not been filed, the law shall enter into force upon the expiration of the deadline set for appeal. Until this time, the driver has the right to drive vehicles as usual.
Within three days from the day the court order comes into force, a citizen who is deprived of the right to drive a vehicle is required to submit a driver’s license to the traffic police. If this was not done, then the sentence established by the court is interrupted and begins its countdown only from the moment the rights are withdrawn or a statement of their loss is sent.
Return of certificate at the end of the term of deprivation
In the Russian Federation, obtaining a driver’s license after deprivation takes place in accordance with the Government Decree of 14. 11. 2014 - p. 1191, which regulates the principles and procedure for returning a license after the grounds for its confiscation have been lost.
The return of rights at the end of their deprivation takes place in four stages:
- exam;
- filing an application with the State traffic inspectorate;
- providing a medical certificate on the absence of contraindications to driving a vehicle (in certain cases);
- issuing a certificate on hand.
Return rights. Step one
The first step in the process of returning the certificate is to pass the exam on traffic rules.
This knowledge test is mandatory for those drivers who have been deprived of their rights for an administrative or criminal offense. An exam is conducted in the traffic police unit. The verification takes place by handing over the theoretical part in accordance with the Government decree of 10.24.2014 - p. 1097 "On admission to the management of the vehicle" after at least half of the established sentence.
If a citizen has not passed this test, he can make another attempt only after 7 days.
The certificate is not returned until the exam is successfully passed.
Return rights. Second step
A person who needs to return a driver’s license must apply no later than 30 days before the deadline for deprivation of rights to the traffic police unit located at the place of execution of the court order for administrative violation or criminal offense.
The application can be written by hand, printed or filed electronically. It should contain information about which point the traffic police should send a certificate (at the request of the driver).
Return rights. Third step
The next step on the way to the return of a driver’s license is the provision of a medical report on the absence or presence of a ban on driving.
This point is not mandatory for all citizens who have lost their driver's license. The deprivation of the certificate should have occurred in the event of:
- vehicle control while intoxicated;
- refusal to conduct a medical examination for the presence (absence) of intoxication at the request of the inspector of the traffic police (authorized official);
- the citizen's use of alcohol, drugs or psychotropic substances after the accident in which he participated. Or in a situation where the driver was stopped by an inspector, but they had not yet had time to carry out the necessary medical examination;
- commission of criminal offenses that entailed deprivation of a driver's license in accordance with the UKRF
Return rights. Fourth step
After the exam is successfully passed, and the term of the driver’s license has expired, the certificate is returned to its owner. This happens in the traffic police unit at the place of execution of the court ruling on the day of appeal.
Having arrived at this authority, the driver must provide a passport or any other document proving his identity.
The Law on the deprivation of a driver’s license and their return stipulates that in case of expiration of the license taken from the citizen at the time of his return, a new one will be issued.
From the foregoing, it follows that the deprivation of the right to drive a vehicle occurs in accordance with the Federal Law of the Russian Federation and the country's Codes when the driver commits administrative violations or criminal offenses in the field of road traffic.
A citizen who has lost the right to drive a vehicle in such situations may return it when the term for the deprivation of a driver’s license comes, having passed the appropriate procedure for their return.
