Losing a driver's license in modern realities does not seem such a difficult task. Confiscation of rights by court decision occurs not only due to driving while under the influence of alcohol or drugs, but also for refusal to undergo a medical examination at the request of a traffic police inspector.
Deprivation of rights also occurs for many gross violations of the Traffic Rules - driving into the oncoming lane, driving through a red traffic light, driving without license plates, using illegal technical devices, significantly exceeding the speed limit, and much more. What is the punishment for driving a car without a license if the driver has already been deprived of it once and the period of deprivation has not yet expired? Should I ignore the court decision and drive without a license?
Responsibility for driving without a license if they are deprived
The answer to the question of what liability a driver faces for driving a vehicle without a license (in case of deprivation) is found in Part 2 of Art. 12.7 Code of Administrative Offenses of the Russian Federation:
- an administrative fine in the amount of 30 thousand rubles;
- administrative arrest for up to 15 days;
- compulsory work for a period of 100 to 200 hours.
Driving without a license, when the driver has never received one, will result in a fine of 5 to 15 thousand rubles (Part 1 of Article 12.7 of the Administrative Code). If the owner of a car transfers the right to drive it to a person who obviously does not have a license or who was previously deprived of this right, then he will have to pay a fixed fine of 30 thousand rubles (Part 3 of Article 12.7 of the Administrative Code).
If a driver deprived of his license is caught driving a car in 2018, his vehicle will be forcibly detained and sent to a parking lot. The same will happen if the driver has never had a license.
Removal from driving a vehicle and sending the car to an impound lot are always fraught with additional financial costs for the offender, in addition to paying the fine. We are talking about paying for tow truck services and vehicle idle time in a temporary parking lot.
This can only be avoided if another person who has a driver’s license and is included in the MTPL insurance (friend, relative) quickly arrives at the place of detention. Then this person will be able to drive the car to the garage, bypassing the unpleasant procedure of evacuation to the impound lot (Part 1.1 of Article 27.13 of the Administrative Code).
If a driver is caught driving without a license after being revoked, it would not be a good idea to try to deceive the traffic inspector and tell him that the license was lost, stolen, or forgotten at home or at work. It is now very easy to establish the fact of deprivation of rights using the traffic police online databases, to which almost all State Traffic Inspectorate employees have access. The deception will quickly be revealed and will only aggravate the punishment.
The deadline has passed, but the driver has not submitted the document
The driver is required by law to surrender his driver’s license to the traffic police department within three days after receiving a copy of the court decision (read more about where to surrender your license after revocation of your driver’s license and how this procedure goes here). In the case where the offender does not hand over the driving license and continues to drive, they may be detained for at least 15 days.
Even if the court decision does not contain a single word that it is necessary to hand over a driver’s license to the State Traffic Inspectorate, and the driver decides to take advantage of this, this does not relieve the obligations.
On the contrary, it is in the interests of the violator to quickly hand over his ID to the traffic police inspector. The period of deprivation of rights will begin to count from the date of acceptance of the license by the traffic police .
Of course, there are many people who hope for luck. But, if an inspector stops such a driver on the road, and also runs a database search (all this is very real), it will very quickly become clear what punishment was imposed. What happens if in this case the driver gets behind the wheel? For such a violation they are already charged under Art. 12.7 of the Administrative Code, which provides for the following punishment:
- Arrest for 15 days or fines in the amount of 30,000 rubles.
- Sending the vehicle to the impound lot.
- Suspension from driving.
Such situations often occur in the practice of State Traffic Inspectorate employees. In addition, there may be aggravating circumstances that will aggravate the situation of the offender. For example, if a driver who has been deprived of his license continues to drive and is also intoxicated. Then the citizen will be held accountable in accordance with Part 3 of Article 12.8 of the Administrative Code (read about the punishment for drunk driving here). .
Fine, arrest or forced labor?
Administrative arrest for driving without a license after its withdrawal is the most severe disciplinary measure. Therefore, this measure is prescribed in exceptional cases and in relation to only the most persistent violators of the Traffic Rules. In accordance with part 2 of Art. 3.9 of the Code of Administrative Offenses of the Russian Federation, administrative arrest in 2021 is not applicable to the following categories of citizens:
- pregnant women and women with children under 14 years of age;
- minor citizens;
- disabled people of the first two groups;
- military personnel and citizens called up for military training;
- persons with special ranks of employees of the Investigative Committee, Department of Internal Affairs, institutions of the penal system, national guard troops, as well as the fire service and various customs authorities.
The severity of liability for driving without a license largely depends on the presence of mitigating or aggravating circumstances. It’s one thing when a driver is accidentally caught driving a car without a license (as part of a routine document check). And it’s another matter if this happened as a result of an investigation into the circumstances of an accident that occurred due to the fault of such a driver. In the latter case, he will face punishment under two articles at once - for driving without documents and for violating traffic rules.
The period of administrative arrest also includes the period of administrative detention, which can last from 3 to 48 hours. The period of detention is counted either from the moment the driver is delivered to the traffic police department, or from the moment he sobers up (if he was detained while intoxicated).
Tricks that can be used when driving without a license
Initially, you need to deal with situations where deprivation of rights is used as a punishment for various violations.
These cases include:
- using a vehicle without signs, and punishment is used even if there are signs, but they are attached incorrectly;
- use of red light for headlights;
- driving a car in the opposite direction on a one-way road;
- oncoming traffic on tram tracks;
- speeding, and it is important that the speed differs by 60 km/h from the permitted value;
- providing a car to a person who is drunk or does not have a driver’s license;
- driving a car while drunk or under the influence of drugs;
What is the penalty for driving while intoxicated? How long does it take to remove alcohol from the blood? Read the link.
- using alcohol or drugs after an accident;
- refusal to undergo examination after an accident.
What are the main causes of road accidents? Read preventive measures here.
The Code of Administrative Offenses has quite a few articles related to situations where drivers may be deprived of their rights. In Art. 12.7 provides information that this method of punishment is certainly used in situations:
- the driver uses the car while intoxicated;
- refusal of examination;
- serious traffic violation associated with driving in the oncoming lane or significantly exceeding the speed limit.
Important! If a person has already been deprived of his license, then he cannot use a car, and if he still gets behind the wheel, this will lead to the accrual of a significant fine or an increase in the period of deprivation of documents.
If a driver is stopped by a traffic police officer while driving with a fake driver’s license, he will face punishment for driving with a fake license, corresponding to Article 12.7 of Part Two of the Code of Administrative Offenses of the Russian Federation - administrative liability. In addition, criminal liability is imposed as specified in the Criminal Code (Article 327, Part Three). For driving without a license and presenting false documents, the driver is subject to:
- a fine of 80 thousand rubles;
or
- arrest for a period of 6 months;
or
- correctional labor for 480 hours.
The solution is not to drive after being deprived of your driving license.
In addition, if the transfer of control to such a person is proven, then the person who transferred control will face a fine in the same amount - 30 thousand rubles - under Part 3 of the same article.
Apart from a fine or administrative arrest or mandatory work, a sober driver does not face anything - deprivation of rights for driving without a license is not provided for in this case. But it should be borne in mind that in order to be charged under this article, the driver must already have been deprived of his license - that is, the decision to impose a penalty on deprivation of his license (for the first time) must be made by a judge. But more on that below.
Let's move on!
The next most severe punishment is faced by a deprived person who is caught for the second (or third, and so on) time while intoxicated, but for the first time deprived not for intoxication, but, for example, for driving into the oncoming lane in violation of traffic rules, for driving against the direction of one-way road or for repeatedly running a red traffic light, etc.
For example, on January 1, 2021, driver Ivanov was deprived of his license for driving into the oncoming lane in violation of traffic rules for a period of six months. But Ivanov was caught again - already drunk - on May 1, 2021 - that is, being deprived of his rights.
As we see from the article, there is a category of citizens who cannot be arrested, and instead they are fined. But what if citizen Ivanov belongs to this category?! An exhaustive list of persons who cannot be arrested is regulated by Article 3.9 of the Administrative Code, and these include:
- pregnant women;
- women with children under 14 years of age;
- persons under the age of 18;
- disabled people of groups I and II
- military personnel;
- citizens called up for military training;
- employees with special ranks of the Investigative Committee of the Russian Federation, the Department of Internal Affairs, bodies and institutions of the penal system, the State Fire Service, authorities for control of the circulation of narcotic drugs and psychotropic substances and customs authorities.
Above, you probably noticed in the quote from Article 12.8 the condition that the sanction is applied only if the actions of the violator do not contain elements of a criminal offense. We are talking about the recently introduced article 264.1 of the Criminal Code, which provides for liability for driving without a license after deprivation under conditions where the driver was for the first time deprived of a license for drunkenness or for refusing an examination, and, having already been deprived, was caught drunk.
Well, a criminal record is an additional “bonus” to this type of punishment.
Here the term “subject to administrative punishment” should be clearly noted. And this is not just the fact that a person is deprived of the right to control. In fact, this is the period from the moment the resolution comes into force until the expiration of one year after the execution of the punishment. And the date of execution of the punishment in the case of deprivation of rights is the date the deprivation ends.
Every driver must know the traffic rules and bear responsibility if they are violated. But there are situations when there is an urgent need to make an important trip during the absence of a driver. For these cases, there are some tricks on how to drive without a license after deprivation:
- Obtaining a certificate in another region. In this case, it is important not to mention that the old VU was taken away.
- Fake documents. A very controversial issue that can lead to quite severe punishment. There is also a possibility of simply parting with the money by giving it to a scammer.
- Driving without documents. This option may also result in penalties if stopped by an inspector.
Each of the methods, of course, can help out, but all of them are illegal and, if detected, promise big problems, both within the Administrative and Criminal Codes. Therefore, it is better to think several times before resorting to them. Yes, the likelihood of their detection is not so high, and the systems for checking traffic police officers do not always work. But there is always a risk of being detained.
License suspended by bailiffs
In some cases, for driving a vehicle without a license, if the driver has been deprived of them, he faces slightly different liability, outside the scope of Part 2 of Art. 12.7 Code of Administrative Offences. We are talking about driving without a driving license, if their action was suspended by bailiffs as part of enforcement proceedings (for debts) under Article 17.17 of the Code of Administrative Offenses of the Russian Federation. Ignoring restrictions on the use of rights in this case threatens:
- compulsory work for up to 50 hours;
- deprivation of driver's license for up to 1 year.
Compulsory work means free, socially useful activity that is performed during free time from main work (or other activities). The duration of such work cannot exceed 4 hours daily. Compulsory labor as a punishment cannot be assigned to the following categories of citizens (Part 3 of Article 3.13 of the Code of Administrative Offenses of the Russian Federation):
- pregnant women and women with children under 14 years of age;
- disabled people of the first two groups;
- military personnel and citizens attending military training;
- employees of many law enforcement agencies.
Driving without a license while drunk
More serious responsibility is imposed on drivers who decide to drive a car while intoxicated , if they have previously been deprived of their rights for gross administrative offenses (Part 3 of Article 12.8 of the Code of Administrative Offenses of the Russian Federation). Under this article, punishment is imposed only if the driver’s actions did not result in a criminal offense :
- administrative arrest from 10 to 15 days;
- an administrative fine in the amount of 30 thousand rubles (if the driver cannot be arrested).
An arrest for a period of 10 to 15 days or a fine awaits those drivers who are caught driving a car without a license and at the same time refused to undergo a medical examination for alcohol intoxication at the request of a traffic police inspector (Part 2 of Article 12.26 of the Administrative Code).
Criminal liability
The driver's liability under Article 264.1 of the Criminal Code of the Russian Federation occurs when the driver was caught driving a car while intoxicated and at the same time he had previously been subjected to administrative punishment for the corresponding offense (or had previously refused to undergo a medical examination at the request of the traffic police).
The point is that the driver again decided to drive while drunk, although he had previously been punished for a similar act and the period of this punishment (in the form of deprivation) had not yet expired. The measures of influence on such motorists are very varied; they are prescribed by the judge depending on mitigating or aggravating factors:
- a fine in the amount of 200 to 300 thousand rubles;
- compulsory work for up to 480 hours;
- forced labor for up to 2 years;
- imprisonment for up to 2 years.
These types of punishment are necessarily accompanied by deprivation of rights for 3 years.
Using fake licenses
If a driver suddenly decides, after being deprived of his license, not to deny himself the pleasure of driving a vehicle and acquires fake documents, then he will face punishment under the Criminal Code. The quality of fake licenses can be very decent, but it is still very difficult to deceive experienced traffic police officers. And it’s easy to check the validity of rights using an electronic database.
If a driver is caught using a fake driver's license, then in addition to the standard liability for driving without a license after deprivation (Part 2 of Article 12.7 of the Code of Administrative Offenses of the Russian Federation), he will also face criminal liability under Part 3 of Art. 327 of the Criminal Code of the Russian Federation. The punishment can be either a fine of up to 80 thousand rubles, or compulsory work for up to 480 hours, or correctional labor or imprisonment for up to 2 years.
Warnings and Risks
Never, under any circumstances, drive without a license - this is another offense and it’s also good if it is not overshadowed by anything, such as victims. Let many people advise exactly this - they say, you shouldn’t drive at night, it’s better to drive in the left lane, don’t wear black glasses, don’t chew gum... These are too weak guarantees to rely on. As practice shows, in such cases the law of meanness applies.
Moreover, you should never resort to the services of various offices that promise to guarantee that your seized ID will be returned to you in the shortest possible time. In the best case, you will be offered a lawyer who may actually be able to convince a higher authority to reconsider the decision to deprive you of your rights. Maybe they will just take the money and do nothing - this is also very common.
In the worst case, you will actually be given a new ID - in 100% of cases a fake one. And then you will have to answer not just for driving without a license - you cannot insure yourself against the fact that an overly vigilant law enforcement officer will want to break you through the database - but also for falsifying documents (Article 327 of the Criminal Code).
You risk visiting places not so distant for two years. The lawyer will have to pay a lot of money. Is it too much to pay to wait and use public transport for a few months?
Thus, it turns out that it is possible to legally drive a car after your driver’s card has been confiscated. But here you need to make considerable efforts and dexterity of mind - after all, law enforcement agencies also learned about such tricks not yesterday, and it goes without saying that they will try to stop you and delay the case. And is it worth it? After all, everything comes to an end one day, including the period of deprivation of rights!
