Lawyer called deprivation of rights for three traffic violations excessive

Perhaps we will not deceive you if we write that today almost all drivers have fines - and paid fines are also fines. And many have at least three fines. Starting from 2016, such drivers will face possible deprivation of their license for 3 violations (fine) or more. The law has not yet been adopted as of today, May 31, 2021, but with a high degree of probability it will come into force. At the moment, the law has passed its first reading in the State Duma of the Russian Federation.

What kind of law is this that introduces deprivation of rights for 3 violations in a row? The law is called “Draft Federal Law “On Amendments to the Code of the Russian Federation on Administrative Offenses regarding the introduction of differentiated punishment for systematic violation of traffic rules and operation of a vehicle.”

Thus, the law proposes to introduce a new article into the Administrative Code - 12.38 (there are currently 37 articles), which will describe the procedure for deprivation of rights for a period of 1 to 1.5 years for 3 fines. There are two important points to note here:

deprivation of rights is provided only for three similar violations (fine) of traffic rules;
Not all traffic violations fall into the “trinity” for deprivation.

There is another very important nuance, and we will write about it at the end of the article..

What's happened?

Not long ago, the media was flooded with information about the introduction of a new law - deprivation of rights for a period of 1 year for 3 repeated fines. The source of information everywhere is the leadership of the State Traffic Safety Inspectorate, which allegedly proposes to supplement Chapter 12 of the Code of Administrative Offenses, which is responsible for penalties in traffic, with a new article - 12.38, which will provide for deprivation for 3 systematic violations of traffic rules.

But this is not a points scheme for deprivation of rights, namely for 3 repeated fines.

Why can your driver's license be revoked?

The Code of Administrative Offenses of the Russian Federation is constantly changing, and therefore it is very difficult to keep track of all the articles providing for the confiscation of a driver’s license. Most often, this punishment is used for malicious violators who create an emergency situation on the road, which endangers the life and health of people around them. But sometimes you can lose your rights for more minor offenses.

Full list of reasons

The table below indicates for which violations a driver's license is revoked and for how long. All information presented fully complies with the 2021 Traffic Regulations of the Russian Federation:

Article	Description of actions	Punishment
Article 12.2 part 2	Driving a car without state license plates, or with license plates on which it is impossible to read the characters	Fine in the amount of 5,000 rubles, or deprivation of driver's license for a period of up to 3 months
Article 12.5 part 3	Using red and blue LED beacons on a vehicle	Withdrawal of rights for six months to a year, with further confiscation of prohibited light signals forever
Article 12.5 part 4 and part 5	Application of sound devices of special significance (SSU) on a machine	Deprivation of a driver's document for a period of 1 to 1.5 years
Article 12.5 part 6	Applying symbols, stripes and inscriptions used on operational transport (traffic police, ambulance, gas service, etc.) to the surface of a car or motorcycle.	Withdrawal of rights for a period of 12 to 18 months
Article 12.8 part 1	Using alcohol or drugs while driving	Fine in the amount of 30 thousand rubles, with arrest for 1.5-2 years
Article 12.8 part 2	Transferring a vehicle to a person under the influence of alcohol or drugs	A fine of 30,000 rubles, with further confiscation of the driver’s license for one and a half to two years
Article 12.9 part 4	Exceeding the permissible speed by 60-80 km/h	Fine 2,500 rubles, or confiscation of the certificate for 3-4 months
Article 12.9 part 5	Exceeding the speed limit by 80 km/h or more (does not apply to highways that do not have restrictions)	A fine of 5 thousand rubles, or deprivation of a driver’s license for up to six months
Article 12.9 part 7	Repeated violation of any of the two previous articles within 12 months	Confiscation of the driver's license for a period of up to 1 year, and if there is video recording, an additional fine of 5,000 rubles is imposed.
Article 12.10 part 1	Crossing railway tracks in the wrong place, or driving under a closed barrier	Seizure of rights for 3-6 months
Article 12.10 part 3	Repeated non-compliance with Article 12.10 Part 1 within one year	Deprivation of driving license for a period of 12 months
Article 12.12 part 3	Driving through a red light twice for a period of 12 months	Penalty in the amount of 5 thousand rubles, or confiscation of the certificate for 4-6 months
Article 12.15 part 4	Driving into the oncoming lane (the exception is going around an obstacle, or overtaking, provided that the vehicle in front is moving at a speed of less than 30 km/h)	Imposition of a fine of 5,000 rubles, or arrest of the driving license for a period of 120 to 180 days
Article 12.15 part 5	Repeated crossing of a solid line, within one year	Seizure of the driver's document for a period of up to 12 months, and if the violation is recorded on camera, the driver is subject to a penalty in the amount of 5 thousand rubles
Article 12.16 part 3	Driving on a one-way road facing traffic	Confiscation of the certificate for 4-6 months, or a fine of 5,000 rubles.
Article 12.16 part 3.1	Repeated violation of Article 12.16 Part 3, for a period of 365 days	Deprivation of rights for one year, and if there is video recording, an additional fine of 5 thousand rubles is imposed
Article 12.17 part 2	Ignoring special vehicles moving with the siren on	Penalty in the amount of 500 rubles, or deprivation of rights for a period of 30 to 120 days
Article 12.21 part 1	Transportation of dangerous goods (chemical reagents, explosives, nuclear waste, etc.) without the appropriate permit	Fine 2,500 rubles, or confiscation of driving license for up to six months
Article 12.24 part 1	Committing an offense or operating a faulty vehicle, resulting in minor harm to health	Collection from 2500 to 5000 rubles. (depending on the condition of the victim), or seizure of the driver’s license for 1-1.5 years
Article 12.21 part 2	Repeating the actions described in Article 12.24 Part 1, but with a more severe outcome	Imposition of a large fine, from 10 to 25 thousand rubles, or imprisonment for up to 2 years
Article 12.26 part 1	Refusal to undergo a medical examination at the legal request of a traffic police officer	Withdrawal of rights for 2 years, with further recovery in the amount of 30,000 rubles
Article 12.27 part 2	Leaving the scene of an accident	Deprivation of driving license for up to one and a half years, or arrest for 15 days
Article 12.27 part 3	Use of alcohol or drugs after a traffic accident, before medical examination	A fine of 30 thousand rubles, with subsequent confiscation of the driver’s license

In some cases, when several serious articles are violated at the same time, the motorist may be banned from driving for life. And this decision is made by the court, to which the traffic police officers provide all the materials on the offense committed.

Is it true?

Yes. But only partly. This bill, indeed, was developed and submitted for discussion to the State Duma... But back in the relatively distant year 2021.

On May 30, 2021, the corresponding text of the bill on amendments to the Code of Administrative Offenses with fines was developed. This is the plan of law No. 3639p-P9. And he survived the stage of the first reading. But that's where it stopped. As of today, May 29, 2021, the new law on deprivation of rights for 3 violations has not yet entered into force. That is, the draft Federal Law is not yet in effect today and is awaiting a second reading, but rights will not be deprived for three repeated violations.

Violations that are classified as systematic

List of violations related to systematic violation of traffic rules:

Article of the Administrative Code	Violation	Punishment
12.9, part 3-7	Exceeding the speed limit by 40 km/h or more.	from 1,000 rubles to deprivation of rights for 1 year.
12.10, parts 1 and 3	Driving to a railway crossing when the barrier is closed or a prohibitory signal from a traffic light or traffic controller, stopping or parking at a railway crossing, crossing a railway outside the crossing.	from 1,000 rubles to deprivation of rights for 1 year.
12.12, parts 1 and 3	Driving through a prohibiting traffic light signal or a prohibiting gesture from a traffic controller.	from 1,000 rubles to deprivation of rights for 6 months.
12.13, part 2	Failure to comply with the requirement to give way to a vehicle at an intersection.	1,000 rubles.
12.14, part 2	Violation of the rules for turning or reversing.	500 rubles.
12.14, part 3	Failure to comply with the requirement to give way to a vehicle.	from warning to 500 rubles.
12.15, parts 4 and 5	Driving into the oncoming lane or oncoming tram tracks.	from 5,000 rubles to deprivation of rights for 1 year.
12.16, part 2	Turning left or making a U-turn in violation of road signs or markings.	from 1,000 to 1,500 rubles.
12.18	Failure to comply with the requirement to give way to a pedestrian, cyclist or other traffic participant.	from 1,500 to 2,500 rubles.

When will it take effect?

This is not yet known. Federal laws, according to general rules, undergo 3 readings, between which quite a long time can pass. As in the case above, it took 2 years between the first and second reading.

The second reading of the amendment to the Code of Administrative Offenses regarding deprivation for 3 fines based on unconfirmed information from the same media is planned for the spring of 2018, and then it will either be accepted, rejected, or sent for revision.

And only after the third reading, the new law will first have to be published in the official government media and only then will it come into force after the designated time has passed (usually from 10 days to several months). That is, even if the law on deprivation for 3 violations is adopted, it will come into force no earlier than the summer of 2018.

How can you prove it?

The very fact of the non-entry into force of the draft Federal Law can be proven quite easily. Try searching on one of the official government portals for the official publication of the Federal Law:

Russian Government Portal website,
Russian newspaper.

And you will not find it among the published ones, because it is at the consideration stage.

In addition, the well-known website “Consultant Plus” provides up-to-date information. Thus, among the editions of the Administrative Code there is one that is awaiting entry into force, but neither in it nor in the current edition you will find information about the deprivation of rights for 3 systematic violations of traffic rules.

What is the new law of 2018?

As we noted above, the draft introduces a new article 12.38 (currently there are 37 articles in Chapter 12 of the Administrative Code). The new law in its current variation provides for deprivation of rights for 1-1.5 years for 3 or more fines for the same violation - that is, if the driver violates traffic rules and is punished for any of the violations 3 or more times.

At the same time, fines issued by automatic recording cameras will not be considered. And if the driver is already deprived of his license at the time he is subject to deprivation, then instead of the latter, a fine of 10 to 30 thousand rubles will be imposed.

Please note that the deprivation will not be for the 4th traffic violation, but precisely as a result of 3 violations.

The official wording of the draft Federal Law:

Violations of the rules of operation, use of a vehicle and driving a vehicle of the corresponding type, provided for in parts 3 - 7 of Article 12.9, parts 1 and 3 of Article 12.10, parts 1 and 3 of Article 12.12, part 2 of Article 12.13, parts 2 and 3 of Article 12.14, parts 4 and 5 of Article 12.15, Part 2 of Article 12.16, Article 12.18 of this Code, by a person who has been subjected to administrative punishment three or more times for committing the specified administrative offenses, with the exception of cases of recording administrative offenses by special technical means operating automatically and having photo and film functions. , video recording, or by means of photography, filming, video recording, entails deprivation of the right to drive vehicles for a period of one to one and a half years or the imposition of an administrative fine on persons who do not have the right to drive vehicles in the amount of ten thousand to thirty thousand rubles.

What violations are included in the list?

So, you will have to be deprived of your right to drive for the following violations of the Rules:

speeding by 40 km/h or more (including repeated – parts 3 to 7 of Article 12.9 of the Administrative Code),
violation of passage through railway tracks (parts 1 and 3 of Article 12.10),
driving through a red (yellow) traffic light (parts 1 and 3 of Article 12.12),
if you do not give way (part 2 of article 12.13 and part 3 of article 12.14),
prohibited turning and reversing (part 2 of article 12.14),
prohibited entry into oncoming traffic (parts 4 and 5 of Article 12.15),
prohibited left turn or U-turn (Part 2 of Article 12.16)
failure to give way to a pedestrian (Article 12.18).

Same violation or different?

From the wording of the new law in its current form it follows that the driver may be subject to imprisonment for any 3 violations of the above. But, probably, this is a flaw in the law, and by the time it comes into force this point will be finalized, since the idea was initially about 3 identical punishments.

For example, if the first time you were caught for not allowing a pedestrian to pass, the second time for speeding, and the third time for running a red light, then if the law remains unchanged, after the red light you may be deprived of your license. But if the second violation - speeding - was recorded on an auto-recording camera, then there will be no more deprivation, since fines from cameras do not fall under deprivation of traffic violations.

Something else useful for you:

What are the fines for driving without paying on a toll road? New law on non-payment of toll sections
New traffic police fines and traffic rules changes from December - is this true or not?
New law on deprivation of rights for lack of compulsory motor liability insurance - when will it come into force?

How much time should pass between violations?

Between each of the three attractions, 1 year must pass after the full payment of the fine or the end of the period of deprivation of rights. This follows from the term “subject to punishment” in the wording of the law above.

According to Article 4.6 of the Code of Administrative Offenses, a person is considered punished during the specified above-mentioned calculation period. In common parlance this is called “repetition” of the violation. You can find more details in a special article on repetition periods with examples.

What three traffic violations will result in deprivation of rights?

Deprivation will be provided not for all traffic violations, but only for some. Let's list them:

Exceeding the speed limit by more than 40 km/h, including repeated speeding (parts 3-7 of Article 12.9 of the Administrative Code).
Violation of the rules for crossing a railway crossing - at a prohibitory signal or outside an equipped crossing place, including repeated such violation (parts 1 and 3 of Article 12.10).
Driving through a prohibiting (red or yellow in certain cases according to traffic rules) traffic light signal (parts 1 and 3 of Article 12.12 of the Administrative Code).
Failure to comply with the requirement to give way at an intersection to vehicles enjoying priority (Part 2 of Article 12.13 of the Code of Administrative Offences, Part 3 of Article 12.14 of the Code of Administrative Offenses), as well as turning around and reversing where this is prohibited by traffic rules (Part 2 of Article 12.14 of the Code of Administrative Offenses).
Entering the lane of oncoming traffic in violation of the Rules, including repeated (parts 4-5 of Article 12.15 of the Administrative Code).
Violation of a U-turn and a left turn where it is prohibited by traffic rules (Part 2 of Article 12.16 of the Administrative Code).
Failure by the driver to provide an advantage to pedestrians and other road users (Article 12.18 of the Administrative Code).

Previously, even when the bill was introduced for consideration, there were slightly more violations among those for which systematic deprivation of rights was provided. But now they have decided to reduce their number.

As we can see, the initiators of the draft law on deprivation of rights for 3 or more fines simply took some of the most common violations of traffic rules, more precisely, articles of the Administrative Code. At the same time, deprivation will not be provided for 3 violations if these violations were recorded by means of automatic recording (on camera with a “chain letter”).

This is what the new article 12.38 will look like in full:

Article 12.38. Systematic violation of the rules of operation, use of a vehicle and control of a vehicle.
Violations of the rules of operation, use of a vehicle and driving a vehicle of the corresponding type, provided for in parts 3 - 7 of Article 12.9, parts 1 and 3 of Article 12.10, parts 1 and 3 of Article 12.12, part 2 of Article 12.13, parts 2 and 3 of Article 12.14, parts 4 and 5 of Article 12.15, Part 2 of Article 12.16, Article 12.18 of this Code, by a person who has been subjected to administrative punishment three or more times for committing the specified administrative offenses, with the exception of cases of recording administrative offenses by special technical means operating automatically and having photo and film functions. , video recording, or by means of photography, filming, video recording, entails deprivation of the right to drive vehicles for a period of one to one and a half years or the imposition of an administrative fine on persons who do not have the right to drive vehicles in the amount of ten thousand to thirty thousand rubles.

As you can see, if the driver has already been deprived of the right to drive, then a fine of 10 to 30 thousand rubles will be imposed on him.

How will it work in practice?

In fact, no one will automatically deprive you of your rights. And most likely, not every such driver will be subject to deprivation, as it works in 2021 with Article 20.25 for late payment of a fine.

As an example, a traffic police inspector stops a driver on the road and, when checking against the fines database, establishes that this driver was repeatedly subjected to the above punishments 3 times (and traffic police officers also see paid fines). Afterwards, he draws up a protocol, thereby initiating a case under the discussed article 12.38 and transfers the case to the court (only judges consider cases of deprivation of rights).

That is, deprivation for 3 violations will occur precisely after the fact of the third fine, and only if you are stopped on the road by inspectors. It is unlikely that the case will be initiated within the traffic police simply based on the list of such drivers.