How to drive without a license after being stripped of the trick. How to drive without a driver's license - punishment and sanctions

• September 7, 2018
• Administrative law
• Oksana Yatskevich

Registration of documents raises many questions among residents of the Russian Federation. Even more of them arise if certain papers are confiscated. By law, some civil documents can be confiscated for certain violations. Today we will be interested in the confiscation of a driver's license. What do you need to know about this operation? What tests should you prepare for? Is it even possible to deprive a person of a driver’s license? And if so, in what cases? Answers to the above questions will help the driver prepare for the consequences of some of his actions.

Can they pick it up?

The Code of Administrative Offenses is the main body of laws that we have to use today. It spells out the specifics of the withdrawal of special rights.

Can a driver's license be taken away in Russia? Yes, but only if there are compelling reasons. Moreover, law enforcement agencies will have to follow a certain procedure to bring the idea to life. You can’t just take away your “driver’s card.” And due to some changes in legislation, this procedure has become extremely difficult.

What is the sanction for?

Confiscation of a driver's license is a measure imposed for committing certain administrative violations. Usually we are talking about situations on the roads. That is, about violating traffic rules, but there are exceptions.

At the moment, a driver's license can be revoked for:

• driving a vehicle while intoxicated;
• going into oncoming traffic;
• significant speeding on the road;
• alimony debts;
• secondary traffic violation;
• lack of license plates on cars;
• causing harm in an accident.

Accordingly, if a person does not comply with traffic rules on the road, his driver’s license may be taken away. But this is not the simplest operation. It provides many features.

The main situations when an inspector can take away rights under the law

According to the Code of Administrative Offenses of the Russian Federation - https://legalacts.ru/kodeks/KOAP-RF/razdel-ii/glava-12/ - the inspector can take away the driver’s license only in strictly defined situations. Such cases include:

For violation of these fourteen rules, the inspector can take away the license, but at the same time he is obliged to issue a temporary permit to drive a car until the court makes a verdict.

Can traffic police officers pick up a document?

Is it possible for a traffic police officer to confiscate a driver’s license? Previously, in Russia, your license could be taken away right on the road. But for some time now everything has changed. Now, as has already been said, the procedure for depriving of V/U causes a lot of trouble.

According to the new laws, traffic police officers cannot take away the driver’s license. Their powers are limited to drawing up a protocol on the violation, as well as filing a lawsuit with a request to confiscate the V/U. Therefore, the driver need not be afraid.

Moreover, you are allowed to use your “driver’s card” until the court ruling comes into force. We will talk about this in more detail below.

Who has the authority to revoke a driver's license?

Procedure for carrying out the procedure

In addition to the fact that seizure of a vehicle is possible only in the presence of the above circumstances, it is necessary to fulfill all the requirements for the implementation of the procedure. In case of violation of one or another procedural norm, the actions of the inspector can be challenged in court.

Procedure for deprivation of rights

1. drawing up a protocol containing information about which norm of the Code of Administrative Offenses was violated and what punishment is provided for this. The document is drawn up in the presence of two witnesses. After entering all the necessary data, the protocol is signed by the person who compiled it, the participants in the accident, as well as witnesses. If one party or another has any comments, they are recorded in the text of the document. The fact that the ID was confiscated is also recorded in the protocol. Having taken away the driver’s license, the inspector is obliged to issue him a temporary license allowing the motorist to drive the car until a decision is made;
2. consideration of the case by an administrative commission. At this stage, it is decided what type of punishment to subject the offender to. If the sanction of the article contains more than one penalty, as a rule, this is deprivation of rights and the imposition of a fine, the administrative commission, taking into account the presence of aggravating and mitigating circumstances, prescribes a punishment corresponding to the severity of the offense;
3. If a decision is made to impose a fine on the violator, a corresponding resolution is drawn up and sent to the violator for subsequent execution. Only the court has the authority to deprive a driver’s license, therefore, if this penalty is imposed, the materials on the case are transferred from the traffic police to the magistrate for consideration.

How to collect “driver’s cards” - meeting with traffic police officers

According to the Code of Administrative Offenses, a driver’s license can be confiscated, but only if there are compelling reasons for doing so. Moreover, traffic police officers are not vested with the appropriate powers. Special rights under the new rules are selected by court decision.

What does the procedure for withdrawing a driver's license look like? When deprived of rights, traffic police officers must act as follows:

1. Stop the driver and conduct a check.
2. Draw up a protocol on the violation committed.
3. Write and file a claim for deprivation of rights.
4. Take part in the court hearing and present evidence of your position.
5. Receive a court order to deprive a driver of a license.

As a rule, compulsory confiscation of a driver’s license does not take place. If there is a court order, traffic police officers simply receive the right to store the relevant documentation in their possession, but nothing more.

FAQ

Do traffic police officers have the right to take away the rights of a citizen of the Russian Federation in Ukraine?

According to Ukrainian legislation, if there are grounds established by the Code of Administrative Offenses, a traffic police officer has the right to take away a driver’s license from a foreign citizen, in particular from a Russian citizen, who has violated the rule of law for which deprivation of rights is provided. The right of the traffic police to confiscate a driver’s license is regulated by relevant regulations.

To restore rights, you need to do the following:

• If the court has not made any decision within 3 months, you should submit an application requesting the return of the seized certificate. A sample application can be obtained from the traffic police department;
• If the court imposed a fine in the form of a fine, pay it and contact the traffic police. After providing a receipt confirming payment of the debt, the ID must be returned to you.

Is it possible to stop a vehicle for no apparent reason?

Many drivers are interested in the question of whether an inspector can stop a car unnecessarily. This aspect is regulated by administrative legislation, according to which stopping for no apparent reason is allowed if:

• the driver violated traffic rules;
• there is a suspicion that the car owner is involved in an accident or crime;
• if the driver or his companions witnessed a collision at the scene of an accident that resulted in property damage or physical harm. The purpose of stopping the vehicle in this case is to interview eyewitnesses of the accident;
• there is evidence that the vehicle is wanted or was used in the commission of a criminal act;
• in case of prohibition or restriction of traffic on this section of the road. Law enforcement officials have the authority to make decisions of this kind;
• to provide assistance to participants in road accidents or traffic police officers in the performance of their official duties.

Stopping a car to check documents is allowed only at stationary specially equipped posts or in the event of special events.

Important! Having stopped the car, the traffic police officer must first introduce himself and report the reason for the stop.

Submission of the document

The procedure for executing a decision to deprive a special right usually requires responsible behavior of a negligent driver. Why?

The thing is that after the court allows the seizure of the “driver’s card”, the driver will have to independently contact the traffic police and submit the corresponding document. It is advisable to choose the State Traffic Inspectorate at your place of residence.

The guide to bringing your idea to life will look like this:

1. Take your passport, court decision and driver's license with you.
2. Contact the State Traffic Inspectorate with a decision from the judicial authority.
3. Write an application for passing the V/U. The petition is drawn up in two copies.
4. Give the documentation to authorized persons for signature.
5. Hand over your driver's license to the traffic police and pick up your copy of the protocol on the seizure of the “driver’s card”.

There is nothing incomprehensible or supernatural about this. The main thing is to act quickly. Otherwise, the driver may be fined for failure to comply with a court decision.

Deadline for delivery

We found out in what cases a driver's license is confiscated. And how this is done in general too. But what else is important to know?

For example, how much time is required by law to surrender your license after it has been revoked? This is an extremely important point. For untimely execution of a court order without compelling reasons, a citizen may be fined.

Only 3 days are given to surrender your license after it has been revoked. The countdown begins from the moment the court decision enters into force.

Important: if for one reason or another the driver cannot hand over the document, he needs to describe the situation and support it with documentary evidence when visiting the traffic police.

Bailiffs

Article 32.6 of the Code of Administrative Offenses of the Russian Federation states that a person can be deprived of a special right by a judge’s decision. After this, you will have to submit your license, permit or driver’s license to specialized services.

In some cases, bailiffs can deprive a license. This is usually a temporary measure that is imposed on the offender for certain offenses. For example, for having a child support debt.

If bailiffs revoke a driver's license, they must notify the driver in writing. Bailiffs do not directly confiscate a driver's license.

Important: it is considered that the driver was notified of the deprivation of his special right, even if he refused to accept the summons or notice from the postman.

How does confiscation of a driver's license differ from deprivation of rights?

The main difference between these categories is that rights and the right to drive are not identical concepts.

The right to drive is the ability of a citizen to drive specific types of vehicles granted by the state after passing certain checks.

A license or driver's license is a material confirmation of the ability to drive a specific category of vehicles (vehicles) in the form of a document.

Important. When we talk about deprivation of rights, we mean that the state strictly prohibits a specific person from driving for a certain period of time. When a certificate is confiscated, we are talking about transferring the document to law enforcement agencies.

Illegal action

According to the Code of Administrative Offenses, the confiscation of a driver's license should be carried out only by court decision. We found out how this is done.

But what if a person was illegally deprived of the right to drive a vehicle? This also happens, especially if traffic police officers trust the “Safe City” type surveillance cameras.

Russia is a rule of law state. Here, violators have the right to defend their rights and point of view. Within 10 days from the date of adoption of a particular court decision, a person can appeal the decision.

Accordingly, if you manage to prove your innocence, the driver will not have to give up your driver’s license. If the document has already been confiscated, it will be returned ahead of schedule. The main thing is to have in hand a court order in the established form on the annulment of a previously made decision on deprivation of a license.

Do bailiffs take away rights when a license is suspended?

In January 2021, amendments were made to the Law “On Enforcement Proceedings” and the Code of Administrative Offenses of the Russian Federation, which gave bailiffs the powers to temporarily restrict special rights.

Suspension of the license by the executors is allowed only if the driver has outstanding debts of a certain type in the amount of more than 10,000 rubles. The bailiff's decision is formalized in the form of a corresponding resolution (Article 67.1 of Law No. 229-FZ).

The consequence of suspension of the driver's license is a ban on the debtor driving vehicles. In this case, the driving license is not subject to confiscation - it remains with the driver, but if the debtor violates the established restriction, then he will be held accountable under Art. 17.17 Code of Administrative Offenses of the Russian Federation.

Confiscation of the certificate by bailiffs is not carried out in other cases, but bailiffs are allowed to seize a vehicle if the debtor has large amounts of debt.

Related articles:

Child support debts: if you have been deprived of your driver's license for non-payment - conditions, procedure and features of the procedure + step-by-step instructions

Can bailiffs deprive rights for fines and debts - all about suspending a driver’s license + how to avoid possible restrictions

Foreign citizens

Sometimes it turns out that foreigners violate traffic rules in Russia. Is it possible to confiscate a driver's license in this case?

Yes. It is important to understand that all the above principles will apply to a foreigner. In this case, the license is first taken away, then the place where the relevant rights are issued is notified about the event. Next, a mark indicating invalidity on the territory of the Russian Federation is affixed to the “driver’s card.”

In this case, the return of the V/U is carried out only if there is a court decision in the established form. If a foreigner leaves the country before the scheduled meeting, the license will be issued at the consulate.

Is it possible to confiscate a foreigner's driver's license?

According to Art. 42 of the Vienna Convention on Road Traffic of 1968, which is also valid in Russia, foreigners can drive their vehicles on the same basis as Russians and bear similar responsibilities. Thus, foreigners driving vehicles in Russia are subject to the norms of the Code of Administrative Offenses of the Russian Federation, which are mandatory for everyone who resides on the territory of our state.

Until October 2021, traffic police officers had the right to confiscate a driver’s license that does not comply with the requirements of the above-mentioned Convention when stopping a vehicle (paragraph 3, paragraph 139 of Order of the Ministry of Internal Affairs No. 185 - not valid today).

Now the traffic police inspector cannot take away a foreigner’s license. Confiscation is possible only if a Russian court has made a decision on deprivation of rights in relation to a foreign citizen.

In general, the procedure for deprivation and confiscation is the same for both Russians and foreigners. Differences can only be in the procedure for restoring the document when leaving Russia before the end of the driving ban. In this situation, the foreigner must pick up the driver's license at the consulate of his country. At the same time, he is not prohibited from driving vehicles on the territory of other states, because what is punishable in Russia may be permitted abroad.

About returning a document

Article 32.6 of the Code of Administrative Offenses of the Russian Federation states that the traffic police stores driver’s licenses until the expiration of the court order. Then the driver will be able to pick them up. Only first you will have to pass exams on your knowledge of traffic rules. This operation involves a theoretical part without practice. You can sign up for the exam and pass it at the traffic police department.

There is no provision for early return of a “driver’s card” in Russia. This is only possible by appealing a court decision. Otherwise, you have to wait until the imposed restrictions on driving the vehicle expire.