Procedure for returning a driver's license after deprivation
So, how to get your driver’s license back after your license has been revoked:
- Determine when your driver's license suspension expires . The period is counted from the day when the court decision came into force
- Let's see where to go . After this, you need to determine which department of the traffic police holds your driver’s license. The traffic police department will be the one that executed the judicial act on deprivation of rights. You can obtain a certificate from any other traffic police department, but to do this, 30 days before the expiration of the period of deprivation of rights, you should contact the traffic police department that executed the court order and submit an application with a request to send your certificate to the traffic police department where you want to receive yours rights
- The third step in obtaining a driver's license after deprivation will be passing an exam on knowledge of traffic rules . The exam can be taken after at least half of the period of deprivation of rights has expired
- Administrative fines are paid . You need to check whether you have outstanding fines for traffic violations. If there are unpaid fines, they must be paid in order to get your driver's license back.
- After completing the above steps, you need to prepare documents for the return of your driver's license and submit them to the traffic police
- If you did everything correctly, you will be issued a driver's license and you will join the ranks of happy motorists on the roads of your city
Can they deprive their rights in advance - before obtaining the right to drive?
While studying at a driving school, a moment comes when we already master all driving skills, both in theory and in practice. It is then that there is a strong desire to get behind the wheel without yet having a license. This desire intensifies even more after drinking alcoholic beverages.
At the same time, there is an opinion that if you get caught without a license (precisely in the case when we never received a license), and even in a state of intoxication, then your rights can be deprived in advance. This means that when we pass the exam to obtain a license, they will be given to us only after a certain time. Logically, this time should be from 1.5 to 2 years (deprivation of rights for intoxication under Article 12.8 of the Code of Administrative Offenses).
In fact, as of May 31, 2021, there is no such thing in law as “deprivation of rights in advance.” There is no legal opportunity for traffic police inspectors to deprive a driver who does not have such a right and is caught in a state of intoxication. And it is illogical to deprive a person of what a person does not have, especially if this happens in advance.
What will happen if you get caught without a license (we are talking about the case when we never had the right to drive, and not about those who were dispossessed)? There are two possible options:
- We don't have the right to drive, and we were caught driving while sober.
- We don't have the right to drive, and we were caught driving while intoxicated.
In the first case, we will face a fine of 5 to 15 thousand rubles under Part 1 of Article 12.7 of the Administrative Code:
1. Driving a vehicle by a driver who does not have the right to drive a vehicle (except for instructional driving) shall entail the imposition of an administrative fine in the amount of five thousand to fifteen thousand rubles.
If we are caught without a license and in a state of intoxication, then a more severe punishment awaits us - arrest from 10 to 15 days under Part 3 of Article 12.8 of the Administrative Code:
3. Driving a vehicle by a driver who is intoxicated and does not have the right to drive vehicles or has been deprived of the right to drive vehicles, if such actions do not contain a criminal offense, entails administrative arrest for a period of ten to fifteen days or the imposition of an administrative fine on persons in respect of which administrative arrest cannot be applied in accordance with this Code, in the amount of thirty thousand rubles.
As you can see, the same punishment is applied to those who are caught in a state of intoxication and are deprived of the right to drive. We are talking, by the way, not only about alcoholic intoxication, but also drug intoxication (and any other).
Also, punishment awaits a person who transfers control of a car to a person without a license. If the driver without a license was sober, then the transferor faces a fine of 30 thousand rubles (Article 12.7, Part 3 of the Code of Administrative Offenses of the Russian Federation), but if the driver without a license was drunk, then the transferor will face deprivation of rights for a period of 1. 5 to 2 years and plus the same fine - 30 thousand (Article 12.8, Part 2 of the Code of Administrative Offenses of the Russian Federation).
Documents for returning driver's license
One of the steps to get your driver's license back is preparing documents. What documents will be needed to return a driver's license?
- identification document (passport or other)
- medical report on whether the driver has or does not have medical contraindications, indications or restrictions for driving the vehicle
- documents on payment of fines
- Some sources provide explanations from the traffic police on how to return the license, and among the documents there is a copy of the court order with a note about the fact of surrendering the driver’s license. However, the certificate cannot always be surrendered to the court, so you should provide a document indicating the surrender of your driver's license
PLEASE NOTE : if a person’s medical report reveals limitations or indications (which were previously absent), the old license will be considered invalid, and the person will be issued a new certificate taking into account the restrictions or indications.
Early return of driver's license
Returning a driver's license ahead of schedule means that the person will receive a license before the period for which he is deprived of the right to drive a vehicle expires. Is this possible under our legislation? The answer is negative, i.e. The law does not provide for the early return of rights to a person who has been deprived of the right to drive a vehicle.
However, it is possible to get your license back early if you appeal acts of deprivation of a driver’s license if they are canceled by a higher court.
If the court cancels the decision by which a person was deprived of the right to drive a vehicle, then the license can be obtained in the department where they were surrendered, or in another department, but the return period will be longer, since the certificate will need to be sent. To return your rights, you will need to present a court decision to cancel the act of deprivation of rights and a passport.
USEFUL : read more about appealing an administrative decision using the link, and also order the procedure through our lawyer
Early return of driver's license after deprivation
Having lost the opportunity to regularly use their iron friend, many drivers fall into despair. After all, now not only does the journey take them more time, but they also have to use the services of unloved public transport. Any driver will look forward to the day when he can get his precious license back.
Is it possible to return a driver's license early after revocation? According to the established procedure, no. That is, it will not be possible to simply return your documents earlier at your request or petition. But there is still one method.
If the driver is completely sure that the transport department’s decision on his documents was unfair, and he has evidence that he is right, he can try to appeal this decision in court.
Advice! If you want to try to get your driver's license returned early, it is recommended that you contact an attorney. These are usually complex cases, and in order to emerge victorious, it is important to have a good understanding of the laws.
You should find out how the return procedure goes, what you should prepare for so as not to end up in a bad situation.
Deadline for revocation of driver's license
If the rights are returned ahead of schedule, i.e. when a person has appealed the act of deprivation of the right to drive a vehicle and it has been cancelled, then the driver’s license must be returned to the person on the day of the appeal, if it was handed over to the traffic police department.
If the decision to deprive a driver’s license has not been appealed, then you must wait until the decision comes into force, then count down the period for deprivation of the right to drive a vehicle, after which you can get your license back.
You should also take into account the time it takes to redirect the certificate if a person has expressed a desire to receive it at another traffic police department.
Terms for returning a driver's license after deprivation
It can be difficult to immediately understand when the deadline comes when you can get your driver’s license back for use. It is worth knowing how to correctly calculate this period. Of course, if appeals have been filed multiple times, this may not be easy, but try using the following formula.
To understand what is the time frame for returning a driver’s license after revocation, you need to add up the following dates:
- the day of the first decision;
- period for challenging (10 days);
- the deadline itself.
If you challenged the court's decision several times, then the count must be made from the last instance in which you failed.
What else is needed to get your ID card back? There are several important conditions that the at-fault driver must fulfill.
- Pay all fines. If there are any fines on your car, you will not be able to get your driver's license back. If you previously lived quietly with unpaid fines, now you will have to pay them in full.
- Return of a driver's license after deprivation is possible only after successfully passing the exam. Without this item, you will also not be able to drive.
- Prepare some information. Typically, this clause only applies to those who have been disqualified from driving due to driving while intoxicated. If this unpleasant incident happened to you, then you need to know that you will have to undergo a medical examination in a hospital. There you will be given a certificate stating that you have no contraindications to driving a car. If you have this document, you can expect to receive your rights back.
- Pick up the document. Many drivers do not know whether they can pick up their documents a little later, or whether they must come every day. In fact, this does not play a fundamental role. If you are not in a hurry to return the treasured document, it will successfully remain in the traffic police for some time. But if you want to get behind the wheel as soon as possible, then it is best to contact the police department a month before the end of the period of deprivation and write a corresponding statement.
How long can the police keep my license?
Of course, a slight delay in returning the license will not mean the driver will be subject to any fine. However, you should not put it off for long. The current legislation very clearly describes the time limits within which the driver is obliged to apply for a document. If he does not do this within three years, the rights are subject to destruction.
How to get your license back after a trial for alcohol? Read how to appeal the revocation of your driver's license here.
Find out about deprivation of rights for xenon at the link:
What if, since the deprivation of his license, the driver has moved to another area, or even city?
These problems should not arise, since the law fully allows you to send the certificate throughout the country and it is not at all necessary to go to the other end of the state to get it. However, to do this, a number of requirements must be met. Although the easiest way is to get your document at the same office where the seizure took place, you can still do the following:
- contact the traffic police department that was responsible for the withdrawal of rights with a corresponding statement;
- this can be done using registered mail;
- do not forget to indicate the details of the office where you would like to obtain your rights.
Lawyer for driver's license return in Yekaterinburg
If you have any questions related to the deprivation of your driver’s license, you can contact our Law Office “Katsailidi and Partners”, which will definitely help you understand your situation. Our lawyers in matters of returning a driver’s license are ready to provide the following services:
- advise on issues of return of rights, as well as other administrative matters and situations
- study the acts on deprivation of your driver's license and explain the appeal procedure and possible prospects for the case
- prepare a complaint against the decision to revoke a driver's license
- represent the interests of the client in the traffic police departments and in the courts
- prepare an application with a request to redirect the certificate to a specific traffic police department
