Terms of deprivation of a driver's license: grounds, countdown of the period, end date, return procedure and nuances

How long is a driver’s license revoked and how is it calculated? What are the terms of deprivation of rights: maximum and minimum? According to Russian administrative law, deprivation of a driver's license is the most severe punishment imposed for the most serious offenses. Depending on the severity of the act, rights can be lost for a period of 1 month to 3 years (for driving while intoxicated, or for transferring control of the vehicle to a person who is intoxicated).

The most common questions asked by drivers whose licenses have been taken away are: “From when should the period of deprivation be counted?” and “When will the license be returned?”

At what point does the period of deprivation of rights begin?

In a situation where a driver is stopped by a traffic police officer, or when an accident occurs, according to the law, he draws up a protocol in which he indicates the act committed by the offender for violating traffic rules, and indicates the article of the Code of Administrative Offenses of the Russian Federation, which provides for liability.

The protocol drawn up by the police officer, with all the collected materials, is sent to the court at the place where the offense was committed within 3 days. Next, the judge sets a date for the hearing. As a general rule, with proper notification of the culprit, the judge can consider the case alone, without the presence of the driver.

Part 1 of Article 32.7 of the Code of Administrative Offenses of the Russian Federation states: “The period of deprivation of a driver’s license begins from the moment the relevant court decision enters into legal force.”

At the same time, if the driver does not agree with the decision, he has 10 days to appeal it in a higher court. (Part 1 of Article 30.3 of the Code of Administrative Offenses of the Russian Federation). If the deadline for appeal was missed for a valid reason, you should file a petition to renew the deadline.

Many drivers use this right, thus delaying the surrender of their license.

The complaint is submitted to the magistrate who made the decision, and is considered in the district/city court. Car owners often make the same mistake - they write a complaint in order to “just write”. But to effectively resolve the case in their favor, you should very carefully analyze the case materials, including procedural acts, and only then draw up a reasoned complaint.

The case is considered within 2 months, as a result of which the decision remains in force, is changed, or is canceled. In a situation where the decision of the magistrate does not change, the decision immediately comes into force.

If, in this case, you remain dissatisfied with the decision, then supervision remains - the regional court.

The deadline for contacting the supervisory authority is established by law. Therefore, if you missed the appeal period, you can safely contact the supervisor. The only thing is that during this period the decision of the magistrate will be considered to have entered into force and therefore you cannot drive a car.

Important!

In accordance with recent changes in laws, the driver must now independently surrender the license after the court decision enters into legal force. Previously, traffic police officers took away licenses at the scene of the offense.

In this case, the period is calculated only after the said decision comes into force and a copy is received by the person in respect of whom it was issued. Thus, the period of time given by law for appealing a decision postpones the sanction by another 10 days, if the driver was present at the court hearing and a copy of the decision was issued to him immediately. If a copy was sent to the driver by mail, then the period of deprivation may begin two weeks later, when a registered letter arrives.

It is also worth considering the fact that the driver, after receiving a copy of the court decision and its entry into legal force, is obliged to surrender his driver’s license within three days in accordance with Article 32.7 of the Code of Administrative Offenses of the Russian Federation. The driver's license is handed over to the territorial division of the traffic police, since it is this body that is obliged to execute the judicial act by which the citizen was brought to administrative responsibility. Only then does the period of deprivation of the special right begin to be calculated again.

What does it mean?

The calculation of the period for deprivation of the right to drive a vehicle may be interrupted if the driver does not submit his driving license to the traffic police within three days. In this case, the calculation of time is interrupted until the exam is passed. The procedure for surrendering rights is clearly regulated by law.

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Art. 32.7 Code of Administrative Offenses of the Russian Federation

indicates the need to submit documents within three working days from the date of entry into force of the resolution.

Also, paragraph 2 of this article describes the fact of a person’s evasion from surrendering his rights. At the same time, Article 32.7 provides for the interruption of the period of deprivation of rights. And the deadline continues when submitting the document. In this case, if the violator does not surrender his rights on time, only 3 days will be credited to him, and the continuation of the period will resume only after the violator surrenders his rights or after their withdrawal.

When does the period of revocation of a driver's license end?

The day when the period of deprivation expires and you can finally get behind the wheel again is eagerly awaited by all motorists who, for one reason or another, were deprived of a special right.

The period ends exactly after the time period for which the driver was deprived.

After the court ruling comes into force, the countdown of the period for deprivation of the special right begins. In this case, the starting point may vary depending on whether the decision was challenged or not. If the decision has not been challenged, then to the date of the decision it is necessary to add the period established by law for challenging it, which is 10 days. In the case where the decision was challenged to a higher authority, the beginning of the period will be considered the date when the court issued a decision on the decision of the court of first instance.

Important!

If the driver does not surrender his license to the territorial traffic police office, the period of deprivation is interrupted. Consequently, the end of the period of deprivation also increases.

Thus, in order to determine the expiration date of deprivation of a driver’s license, the period for which the driver is deprived of a special right should be added to the start date of the deprivation period.

How long will a driver's license be revoked?

According to the current legislation, Article 3.8 of the Code of Administrative Offenses of the Russian Federation establishes that the period of deprivation of a driver’s license cannot exceed three years, but the minimum limit is one month.

Minimum period of deprivation of rights

The law clearly defines the cases when a driver is subject to administrative punishment in the form of a fine for violating traffic rules, and when he is deprived of a special right. First of all, it determines the fact how serious the offense committed is. Therefore, the minimum period for deprivation of a driver's license is 1 month.

Maximum period of deprivation of rights

The maximum period of deprivation of a special right should not be more than three years, but this rule applies to one offense committed. The driver may commit several administrative offenses, for which liability is provided in the form of deprivation of a driver’s license, and therefore the period of deprivation may not be several months or three years, but more than five, in other cases, ten years. It all depends on the seriousness of the violation committed.

Procedure for calculating the period of deprivation of a driver's license

The procedure for calculating the period of deprivation of a special right is regulated by law and includes:

determining the beginning of the period of deprivation of the driver's license;
determining the period for which a person is deprived of a special right;
determining the end of the period of deprivation of the driver's license.

How is the period of deprivation of a driver's license calculated - example

In order to correctly calculate the date of return of a driver’s license, we will give a more detailed example indicating the calculation rules:

Let's find out the start date of the period of deprivation of a driver's license. If the protocol on the violation was drawn up on September 1, and the court issued a decision on the administrative offense on September 19, then two scenarios are possible:

the decision was not disputed, the driver received a copy of the decision in his hands after the court hearing, then by September 19 we add 10 days (the right to appeal) - we get the start date of September 29;
The decision was challenged in a higher court on October 17, so the period of deprivation begins on this day.

The period of deprivation of a driver's license is 1 month;
The end of the period of deprivation is calculated as follows: we add 1 month to the start date of the period and with the two options given we get:

September 29 + 1 month = October 30 expiration date for deprivation of a driver’s license;
October 17 +1 month = November 18 is the expiration date for revocation of a driver’s license.

It must be remembered that the start of the deprivation period may be delayed if the driver has not received a copy of the court order. Thus, the period will begin to count from the moment the driver receives a copy of the specified resolution.

When does the period of deprivation of a driver’s license begin if the license is in hand?

When a court makes a decision to deprive a driver of a special right for a certain period, it begins to be calculated from the moment a copy of this decision is received by the person in respect of whom it was made. But what to do if the driver has not submitted his license to the territorial traffic police office?

According to the law, the driver has three days to surrender his driver’s license after the court has issued a deprivation order and it has entered into force. If he does not fulfill this obligation, the period of deprivation is interrupted.

Didn’t surrender your license after being deprived for good reasons

Whatever the reasons, valid or not, the period of deprivation will be interrupted if the driver has not surrendered his license to the territorial traffic police office. The period will resume as soon as the VA is passed in accordance with the law.

Important!

If the driver does not surrender his license within 3 days after the decree comes into effect, the period of deprivation is interrupted. To renew it, you must surrender your license as soon as possible. There is currently no statute of limitations for revocation of a driver's license.

If your ID is lost, you should definitely write a statement about it to law enforcement agencies. Only upon receipt of an application will the period of deprivation of special rights be resumed.

How is the period of deprivation of rights calculated correctly for the second deprivation?

According to clause 3 of Article 32.7 of the Code of Administrative Offenses of the Russian Federation, if the driver was deprived of his driving license and was given an administrative penalty in the form of deprivation of his license, then the period of deprivation begins from the next day when the first period of deprivation of his driver’s license ends.

How to appeal

“Ignorance of the Laws does not exempt you from responsibility,” so you need to be as attentive as possible to the requirements of Themis. According to Art. 18 of the Constitution of the Russian Federation, justice is also in charge of protecting human rights, and therefore every citizen is guaranteed the opportunity to file a claim to protect their own interests. The same applies to appealing against illegal actions of police officers.

Art. 32.7 of the Code of Administrative Offenses states that after handing over the license, the driver must receive an appropriate certificate. It is this that proves the timely delivery of the certificate to the traffic police officers.

One form is handed over to the traffic police, and on the second the police officer puts a mark on receipt of the documents with a date and his own signature.

If the driver has confirmation of surrender of his license, but the traffic police deny this fact, then you can appeal such actions in court. But, as practice shows, most complaints are made against the legitimate demands of the traffic police. Thus, due to their own inattention or self-confidence, drivers do not hand over their licenses, and after the expiration of the sanction they try to regain their lost status. After the appearance, it turns out that the period for calculating the punishment has been suspended, and therefore you will have to wait the same amount before returning your rights.

The review of judicial practice of the Supreme Court of the Russian Federation dated February 25, 2009 contains several examples of proceedings in such disputes. And, so far, there has not been a single case of the plaintiff’s request being granted. This is due to the fact that even the court ruling itself states that the license must be surrendered within three days, and therefore it is unreasonable to deny your knowledge of this requirement.

Are the terms of deprivation cumulative?

If the driver has violated several traffic rules, administrative liability for which provides for punishment in the form of deprivation of a driver's license, both before the court ruling on the deprivation of a special right and after, the terms for them are summed up and the period of deprivation for each offense runs one after the other. to others. For example, if a driver was deprived of the right to drive a vehicle for a month, and for another offense - for a year, the next period (annual) will begin to be calculated only after the end of the first.

When can the period be suspended?

Suspension of the period for calculating deprivation is possible if the driver fails to hand over his license within the three-day established period. In this case, the owner of the rights is considered to be evading the surrender of the certificate. The period of punishment is interrupted and resumed again when the document is independently submitted or withdrawn.

Also, in the traffic police database, if there are several cumulative punishments, in the first case there will be a mark for the start of serving the punishment, in the second - a mark for its interruption, and it will resume after the complete termination of the first punishment.

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