The procedure for obtaining rights after deprivation
The procedure for returning the driver's license upon expiration of the punishment period occurs in several stages. Initially, the driver must collect all the necessary papers and submit them to the relevant authorities. After this, he will be assigned a second exam at a driving school, based on the results of which the traffic police officers will make a verdict: to give the person his certificate or not.
If there are no problems with knowledge of traffic rules, then the driver will be able to receive his license after deprivation only a few days after paying the single state fee. At the same time, he will additionally be assigned a mandatory medical examination, where the doctor can decide to register the citizen with drug treatment (in the event of revocation of his license for driving while intoxicated). Such a note on the certificate will significantly complicate the procedure for returning the driver's license.
Where to contact
Rights should be taken away at the end of the period of deprivation at the traffic police department to which they were sent by court decision. To do this, the driver just needs to write a corresponding application and attach a package of prepared documents to it. But you need to go for your crust strictly after:
- Repeated passing of the theoretical exam at a driving school (for pedestrians who have lost their driving license as a result of a serious violation, special tickets are issued that do not contain questions on medical, psychological and legal topics);
- Passing a medical examination (the list of doctors remains the same as during the initial driving test).
In other cases, traffic police officers will have every right to refuse a citizen’s application.
At the same time, if a person has moved to another city or region, and he is physically unable to pick up his document at the established office, he can contact the local traffic police department with a written request to forward the document. On average, this process takes about one week. Depending on the distance between government agencies, this period may significantly increase or decrease.
Required documents
When the driver goes through all the necessary authorities (driving school and hospital), he only has one step left before his license is restored after deprivation: submit a package of documents for consideration by the traffic police. This list includes the following:
- An application drawn up in accordance with a single form (in addition to the offender’s full name, it also indicates his passport details, including his place of registration);
- Conclusion of a full medical examination (you can find out the list of doctors for examination at the reception desk);
- A copy of the court decision, which indicates information about the timing and reason for deprivation of the driver's license;
- Protocol on the voluntary transfer of a driver’s license to traffic police officers (drawn up at the scene of the violation);
- Receipt of payment of the mandatory duty;
- Checks evidencing coverage of fines (if the driver was deprived of his license as a result of evading the payment of alimony, a certificate of repayment of the mentioned debt is added to the listed list of documents);
- A copy of the applicant's passport (only the front side with the photo and the registration page are required).
This list of documents is approved by the law of the Russian Federation, and government officials have no right to demand more from a citizen. Otherwise, a complaint can be filed against them.
Exam on traffic rules theory
Restoration of rights after deprivation occurs with a second retake of the theory. But such a test will differ significantly from the primary exam. And this will be expressed in the following factors:
- No mandatory fees;
- Method of registering the result (according to the rules, if a driver passes the test for the first time, he is given a special certificate. But in cases of retaking after deprivation of his license, the fact of re-passing the traffic rules theory is directly entered into the electronic MREO database);
- Reduced period between passing exams (if a citizen fails the test, he will be able to try again after a week, and not after 14 days, as happens with the initial test).
In this case, the theory can be retaken after half the sentence has expired. Most drivers go through this procedure at the same time as submitting an application for reinstatement of their driving license.
Medical commission
Another mandatory document used to restore rights after deprivation is a medical certificate, which can be obtained at any clinic. To do this, just take your passport with you and ask for the appropriate direction at the reception. From the entire list of doctors, the driver will only need to go through:
- Narcologist (it is especially important for drivers caught driving while intoxicated to have his signature);
- Psychiatrist (required in cases where a motorist has lost his driving license as a result of driving under the influence of drugs, and is currently registered);
- Ophthalmologist;
- A therapist (by his decision, the offender may be sent for additional tests and examinations).
If the listed specialists do not find any deviations, the citizen will be issued a new medical certificate, which must be attached to the prepared package of documents.
Payment of fines
According to the legislation of the Russian Federation, the return of rights after deprivation should occur only if the violator pays all administrative fines imposed on him from the period of receiving the driver's license. But in fact, the inspector is obliged to return the driver’s license, even if there is no information about payment of fines in the database. True, for this, a person must provide the appropriate receipts, which can be obtained from a bank or printed at home (in the case of payment online, through the government services portal).
Getting your driver's license back after being revoked for drunkenness in 2021
After the court verdict on the basis of which you are deprived of the right to drive a motor vehicle comes into force, you are given three days to voluntarily appear at the territorial traffic police department and transfer your license to them for safekeeping.
It is worth emphasizing that if during the court proceedings, as a result of which you were sentenced to deprivation of the right to drive vehicles, you were granted a temporary permit to drive a car, then this document must be handed in along with your basic rights.
Some motorists deliberately hand over only their licenses and keep a temporary permit, which they continue to use. Such behavior can only lead to the fact that the period for which you were deprived of your license will be extended by the time you drove using a temporary permit.
The calculation of the period for which you were made a pedestrian begins from the day following the day you handed over your license to the traffic police and received a copy of the court verdict. From this day you should calculate your term.
What happens if you don’t surrender your license after being revoked?
What consequences may result from refusal to submit your license to the traffic police, or failure to submit it on time? Oddly enough, there is no liability for such an act.
However, one small nuance should be taken into account here: the period for which you are deprived of your rights is calculated not from the day the sentence enters into legal force, but from the day you submit your license and other documents allowing you to drive vehicles to the traffic police.
In addition, if after the court verdict depriving you of the right to drive a motor vehicle has entered into legal force, and you are detained for driving a car, regardless of whether you have a license with you or you have handed it over to the traffic police, you will have to bear the responsibility provided for in the second part of Article 12.7. Code of Administrative Offenses of the Russian Federation.
According to the provisions of the above article, you may be held liable for the following:
- a fine of 30 thousand rubles;
- administrative arrest for up to 15 days;
- forced transfer of your vehicle to the impound lot.
Based on Article 32.7 of the Code of Administrative Offenses of the Russian Federation, if a citizen is sentenced to deprivation of the right to drive vehicles, this means that for the time period specified in the sentence, the citizen against whom this sentence was passed is prohibited from driving any vehicles.
As noted above, the period for which you have been deprived of your rights begins to count only after you hand over your license to the traffic police, and information about this will be entered into a unified information database.
Based on this, if you surrender your rights 5 days after the verdict comes into force, they will return them to you 5 days later than could be calculated based on the verdict. If you delay the surrender of your license for several months, then your sentence will be extended by the same number of months.
How to get your license back after deprivation? How to get your license back early if you are deprived of it for drunkenness, read here.
Find out how to return your rights after the expiration period by following the link:
Where and how to return a driver's license?
One month before the day when the punishment to which you were sentenced expires, you must come to the traffic police department to which you handed over your driver’s license and submit an application for the return of your license, attaching all the necessary documents to it.
If you want your rights to be sent to another region, in the submitted application indicate which particular traffic police department they should be redirected to.
When applying for a driver's license return, you should be prepared for the prospect of passing the theoretical part of the exam. This is an integral part of the process of regaining your driving privileges if you have been revoked for driving while intoxicated.
You can determine the date when your sentence will end based on the court verdict. To the date when the sentence comes into force, add the period for which you were deprived of your rights. Of course, this method is only relevant if you do not plan to delay the process of submitting them to the traffic police.
What documents are needed to obtain rights after deprivation of rights?
When there is a month left before the end of your sentence, go to the traffic police department to which you surrendered your license, in accordance with the sentence passed, and submit the appropriate application.
Sample application for the return of rights after the expiration of the deprivation period.
Please attach a package of documents to your application, consisting of:
- an identity document of the citizen receiving his rights;
- copies of the court verdict on the basis of which the deprivation of rights was carried out;
- a valid certificate from a healthcare institution;
- a document confirming the fact of passing the theoretical part of the exam.
Is a medical certificate required when obtaining a license after revocation?
The current legislation of the Russian Federation does not provide for the mandatory provision of a certificate from a medical institution in the event of the return of the rights that you were deprived of for driving while intoxicated. But this is in theory.
And practice shows that traffic police officers refuse to issue a license if this certificate is not provided. Therefore, it is better to provide it.
After all, you can challenge these unlawful actions of traffic police officers only during a separate trial, for which you will have to spend a lot of time, effort and money.
According to the procedure established by law, when obtaining a license, the deprivation of which occurred for drunkenness, a medical certificate will not be needed. But in practice, traffic police officers still require it, and it will be possible to argue with them only in court.
But if you have been deprived of the right to drive a vehicle for committing illegal acts, which are provided for in Articles 12.8, 12.26, 12.27 of the Code of Administrative Offenses of the Russian Federation, it is necessary to provide a certificate from a health care institution.
In addition, if you were convicted under part two, four or six of Article 264 of the Criminal Code of the Russian Federation, in order to return your rights, you must also provide the appropriate certificate from a health care institution.
Early recovery
Many motorists are wondering whether it is possible to take back their license after deprivation before the full expiration of the sentence? The answer to this will be unequivocal: it will not be possible to return your driver’s license ahead of schedule for the following reasons:
- If the court has already decided to confiscate a driver’s license from a citizen (for a serious accident or for drunk driving), then it is not possible to stop this mechanism, since according to the law of the Russian Federation, judicial authorities do not have the right to cancel their own decisions;
- Traffic police inspectors will not, under any pretext, give the violator his ticket until the period of his punishment ends. Otherwise, for the early return of documents, contrary to a court decision, traffic police officers may receive a sentence of imprisonment.
We can conclude that the procedure for restoring rights after deprivation is not so complicated. The main thing is to know who to contact and what papers to prepare in advance. And after what time you can submit an application to the traffic police, the judicial authority determines. And no one can influence this decision.
Reducing the period of deprivation of a driver's license
All the hopes of car owners who committed serious traffic violations that resulted in the deprivation of the right to drive a car were pinned on the project. Read the bill on the website of the State Duma of the Russian Federation Federal Law N 561521-6 on amendments to the Code of Administrative Offenses of the Russian Federation. It was proposed by members of the Federation Council V.F. Edalov, V.A. Fedorov and State Duma deputy V.I. Lysakov in 2014. At the same time, news appeared about the possibility of reducing the terms of deprivation of a driver's license. In short, the essence of the bill was as follows. Article 4.9 is introduced into the Administrative Code. “Conditional early release from administrative punishment in the form of deprivation of a special right or disqualification.” It provides that positive, well-behaved violators can, after half of the court-defined period of deprivation of a driver’s license, request an amnesty and return their license early. The bill also provided for the abolition of the theoretical exam required for early return of rights if the period of deprivation is up to a year. In addition, the bill provides: if a driver whose license was returned early commits a violation again that involves deprivation of his license, the court will revoke the parole, and the term of the new sentence will be calculated after the full term of the previous deprivation has expired.
According to the developer of the bill, this measure has educational and motivational goals. That is, it motivates to fulfill all the conditions for early return. How to reduce the period of deprivation of a driver's license under the new law:
- pay all existing fines for traffic violations;
- don't break laws;
- compensate the victims for damages (if any);
- Additionally, you can provide a reference from work , a guarantee from another law-abiding citizen.
In the explanatory note to the bill, references were made to the existence in Russian legislation of the institution of parole, which is possible for criminal offenses, but not for administrative offenses. In addition, it was indicated that the RSFSR Code of Administrative Offenses had Art. 297, which provided for the possibility of reducing the period of deprivation of a driver’s license in the case of a conscientious attitude to work and exemplary behavior of the offender.