Deadline and procedure for surrendering a driver’s license after a court decision on deprivation

Procedure in Russia

Whatever the nature of the traffic violation, the process is always standard:

A protocol is drawn up at the stop site.
The protocol is submitted to the court for consideration.
From the date of the court decision, the violator has 3 days to submit the document.
You can return the driver's license when the period established by the court has passed, after the actual surrender.

Deprivation of rights is one of the most serious punishments administered by the traffic police. Until the fall of 2013, an inspector could seize a document on the spot, but now the scheme has been significantly changed. Even if a traffic police officer wishes to confiscate a document, which is allowed only in exceptional cases, he is obliged to issue a temporary driving permit on the spot.

The guard's competence is limited to drawing up a protocol, and further decisions on punishment are made by the judge. When registering for a traffic camera, deprivation of rights is not provided.

Fulfillment of the order rests with the driver, and only he is responsible for the timely surrender of the license. To do this, you need to go to the traffic police department. There you need to fill out an application form containing the following information:

A court decision to deprive the right to drive a vehicle of a certain category.
Judge's name and order number.
Series and number of the civil passport.

The application is drawn up in 2 copies, and the driver receives one of them with a note from the duty officer. From the moment the certificate is exchanged for an extract of its acceptance, the calculation of the sentence period begins. Any document giving the right to drive is required to be submitted, including a temporary one in the absence of a main certificate.

What if you didn't make it on time?

The penalty period is activated after passing the driver's license; three days are given for this. But according to the law, the violator has ten days left to appeal the court verdict and file a petition for its review.

If during this time the violator does not hand over the documents, then he should do the following:

First of all, personally hand over your license to the traffic police or do it through a proxy.
Send the certificate by mail if it is not possible to carry out this procedure in person.
The driver can drive with this document until an inspector stops him and asks him to surrender his license; the sentence is extended. The driver will also be fined under Article 12.7 of Part 2 of the Administrative Code.

Where and when to take it?

According to the Administrative Code, the time to submit the VA after the publication of the court’s conclusion is completed within 3 days. The driver must independently submit a permanent or temporary document giving the right to drive. The document must be accepted by the inspector of the department to which the motorist is assigned at his place of registration.

There are often doubts whether it will be possible to return them. The employee's responsibility is to sign the second copy of the application, which is attached to the license upon delivery. The application, drawn up in 2 copies, contains the registration number, initials and signature of the inspector, passport details of the owner and the number of the court order.

Keep the signed statement for the duration of your sentence. In case of misunderstanding, this form serves as proof of the transfer of the holder of the document in accordance with the established procedure.

After waiting for the specified period of administrative prohibition, contact the inspector and take the document back, providing your copy of the application. Under current law, you will be required to retake the exam, which can be done after the middle of your sentence.

The period of deprivation of rights has ended, is it possible to drive without

Responsibility for driving without a license after 2021 Any person, before getting behind the wheel, is required to undergo training at a driving school and pass exams on knowledge of traffic rules. These rules are not always applied by drivers in real life, after which they have to reap the benefits, that is, get a court order for deprivation and wait until the end of the term.

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Quite often, drivers who have been deprived and whose period of deprivation has already passed do not want to comply with the procedure for their return. Disenfranchised people are interested in whether it is possible to drive and what will happen if they are stopped by traffic police officers?

Is it possible not to hand over documents to the traffic police after confiscation?

According to Article 3.8 of the Code of Administrative Offences, only a court can deprive a special right. Since 2013, the inspector has no right to seize a document on the spot. The guard who stopped the offender draws up a report, which is submitted to the court. Based on it, as well as the examination and other materials, a case of administrative offense is considered.

The duration of the paperwork is no more than 3 months, according to Article 29.6 of the Code of Administrative Offenses. Also, according to 31.1 of the Administrative Code, the decision can be appealed within 10 days, otherwise it must be executed. Until the final verdict comes into force, the driver retains the right to drive the vehicle.

The requirements for transferring a document for storage are specified in 32.6 of the Administrative Code. According to procedure 32.7 of the Code of Administrative Offenses, if the appeal period has expired, you must transfer the document or a temporary duplicate within 3 calendar days. There, in Part 2 it is stated that the term of punishment is calculated from the moment the inspector receives the driving license. Part 3 of 32.7 of the Code of Administrative Offenses provides for the addition of a second term of imprisonment in addition to the main one in case of a repeated violation.

Thus we can conclude:

the period of deprivation is accounted for from the date of transfer of the tertiary license or submission of an application for loss;
While the document is in the driver’s hands, the sentence is suspended;
a second violation adds a second term from the end of the first.

Return of rights after expiration of the period of deprivation

Thus, in order to get behind the wheel again after the period of revocation of a driver’s license has expired, you will have to re-confirm your knowledge of traffic rules, as well as the fact that your state of health allows you to drive a car.

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Deprivation of a driver's license is the most severe administrative punishment for drivers, which is imposed for serious offenses. According to statistics, this most often occurs for driving while intoxicated, transferring control to a person who is intoxicated, driving in the opposite lane on a one-way road and for exceeding the speed limit by 60-80 kilometers per hour.

Possible punishment if my license is revoked?

There is no penalty for late delivery of the driver's license; the driver's license must be transferred promptly, otherwise the driver himself will increase the length of the punishment.

There is a statute of limitations for administrative violations of 2 years. However, in order to terminate the case, it is necessary to prove the impossibility of transferring rights during this period - a certificate from a prison, a clinic, or proof of being abroad.

Otherwise, you will be accused of evading the execution of a court decision and will be required to surrender your license again.

Punishment is provided only in cases where the driver has already been deprived of his rights by a court order and continues to use the vehicle. This is considered a serious violation. Responsibility for it is spelled out in Part 2 of 12.7 of the Code of Administrative Offenses of the Russian Federation and provides for:

repeated removal from management;
sending the car to the impound lot;
arrest for 10-15 days, or a 30 thousand ruble fine, or 100-200 hours of correctional labor.

The decision is made based on the severity of the repeated violation, for example, if you were deprived of your driving license for drunkenness, then an arrest will be imposed, presentation of a certificate that is considered lost will entail a fine, and the damage to the state will have to be paid for the accident. In any case, you will have to pay for a space in the traffic police parking lot and the service of a tow truck. The driver's insurance ratio under MTPL will also be increased.

What should I do if I was deprived of my driver's license for drunkenness but I still have the license in my hands?

Today, traffic police officers cannot take away a driver’s license from a car owner by force. Therefore, the majority of citizens deprived by the court of the opportunity to drive a vehicle are faced with the problem: “ What to do if they have been deprived of their license, but the license is in their hands ?”

Let's consider the driver's actions after a gross violation of traffic rules, as well as the consequences for those who did not surrender their license despite a court decision.

Deadline and procedure for surrendering rights after deprivation

Almost every car owner already knows that the traffic police cannot deprive you of the ability to drive a vehicle; only the court has this right.

A protocol drawn up as a result of an inspector stopping a car is not the basis for surrendering a driver’s license. This document states the fact of violation of traffic rules. Only a court can deprive rights and only in cases specified in the sanctions of specific articles of the Code of Administrative Offenses of the Russian Federation.

In what cases can a driver be prohibited from driving? The court may impose a penalty in the form of deprivation of the right to drive a vehicle to a driver who:

drove without registration numbers or violated the rules for installing them;
did not provide access to vehicles emitting light or sound signals;
did not re-register the vehicle;
violated the rules of crossing the railway;
exceeded the speed by more than 60 km/h;
drove into the oncoming lane;
transported children at night;
repeatedly ignored a red light or other signal prohibiting movement;
drove a vehicle with a suspended driver's license;
violated the rules for installing lighting devices;
installed a sound or light signal on the car;
made the car visually similar to a special services vehicle;
left the scene of the accident;
turned out to be medically cleared;
drove a vehicle after consuming illegal substances or alcohol;
became the culprit of causing minor or moderate harm to human health;
gave control of the car to an intoxicated person;
improperly used a light or sound signal.

After the court considers the protocol, which reflects one of the listed violations, the culprit will be deprived of the right to drive a vehicle. The court decision is formalized by a decree, which will specify the period of validity of driving restrictions and the period of deprivation of a special right.

When do you surrender your license after deprivation?

When a person is deprived of a license that is still in hand , they will need to be surrendered. When should this be done?

Since it is assumed that the court decision is subject to appeal, the law gives the violator 10 days to file an appeal. At this time, the document is considered not yet valid.

If there is no appeal, the resolution will enter into legal force after the expiration of 10 days from the date of its adoption. On the eleventh day you are considered administratively liable.

You will need to surrender your driver's license.

Now the time has come to solve the problem of many citizens: they have been deprived of their rights, but the rights are in hand, what to do ? When the court act has entered into legal force (we count 10 days from the date of its issuance), you must appear at the police station with your driver’s license within a 3-day period. To avoid any future disputes regarding the date of delivery of rights, write a covering letter to them in 2 copies. On one of them, ask the police officer to sign and put the number of acceptance of the certificate.

Will the term begin if the license is in hand?

No. Remember the rule: if you fail to surrender your license after being deprived of your license by a court, the time limit will not be calculated. The period defined in the resolution is suspended until the day the offender presents the document to the internal affairs body.

What if a statement of loss is written, but the owner actually has the rights?

The fact of filing a statement about the loss of a document is one of the grounds for starting the countdown of the deadline for execution of the decision. Ideally, the absence of a certificate should also be declared within a three-day period from the moment the court act enters into legal force.

When the application is written, will the period begin if the license is in hand ? Yes, this is the basis for counting the deadline.

It does not matter whether the owner has the certificate or whether it has actually disappeared, but if the violator warns the police department in writing about the loss, the period of deprivation will begin to be calculated from the date of filing the application.

The driver needs to be careful - a “lost” license will only aggravate the situation if a traffic police inspector appears on the road.

Recruitment to Adm. responsibility

If a traffic police representative, during a driver check, becomes aware that the offender has broken the law and again sat in the driver’s seat without legal rights, the culprit faces prosecution in accordance with Part 2 of Art. 12.7 of the Code of Administrative Offenses of the Russian Federation, which punishes driving a car by a driver who is deprived of such a right.

In accordance with this article, one of the following penalties may be applied to the driver:

a fine of 30 thousand rubles;
isolation from society in the form of administrative arrest for up to 15 days;
involvement in compulsory work for 100-200 hours.

Resetting the expiration date

If the violator evades the surrender of the certificate, the period of deprivation of rights determined by the court is suspended. Even if the driver does not try to drive the car for the year or two established by the resolution, but keeps the “crust” in his hands, the terms of punishment should be counted from the day the document was confiscated by the police department.

If the driver writes a statement about the loss, and then he is caught with an allegedly lost license, then the period of deprivation begins to run again.

Returning the ID

How to get your license back after deprivation ? According to Art. 32.6 of the Code of Administrative Offenses of the Russian Federation, storage of confiscated rights is stored in the internal affairs bodies.

If the period of deprivation of control of a vehicle specified in the regulation has passed or is about to end, you should begin the process of collecting documentation to return the driver's license.

You can return your license only after testing your knowledge of traffic rules. Admission to the exam is provided at the traffic police department upon the application of the violator. If you fail to pass the test the first time, you can try again after a week.

IMPORTANT: You can take the exam before the expiration of the period of deprivation of the right to drive.

In addition, citizens who have been deprived of their license for driving while intoxicated will need to undergo a medical examination.

Before applying for a driver's license, you must pay all fines, since an unpaid fine is an obstacle to returning the license.

Thus, to return your rights, you will need the following documents.

Return application.
Passport.
A medical document (conclusion) allowing the offender to drive a vehicle.
Exam card.

In addition, police officials often require a document confirming a medical examination, although it is not considered mandatory.

If you do not apply for your rights within a three-year period, you will no longer return them, since unclaimed documentation must be written off. You will have to apply for a new ID.

What happens if you’ve been deprived of your license, but you haven’t turned it in, and the deadline has already passed?

According to Russian legislation, motorists who retain their licenses using any tricks may face certain consequences.

If the license is not surrendered, but is not used, or the driver is not caught by traffic police inspectors, then there is no liability for this. According to 32.7 of the Administrative Code, information about the fact of deprivation and the date of transfer of the certificate is recorded in a single database. By not surrendering his license, the driver harms himself by delaying the start of the period of deprivation. At the same time, he retains the right to correct the situation at any time.

The time limit of 3 days is specified only because if it is observed, the report begins from the date of the court order. If the driver hands over the driving license, for example, 20 days after the sentence comes into force, then he will pick it up 20 days later. The traffic police department may ask you to write an explanatory note in free form, but do not oblige you.

If a motorist is caught with an invalid license, then liability will apply to the full extent of 12.7 of the Administrative Code, that is, the case will end in arrest. In this case, the sentence will be added.

The legal way to delay the surrender of your license is to appeal the court decision. While your appeal is pending, you retain the right to use your driver's license or temporary certificate.

The period of deprivation in this case will be counted from the moment of the last judicial conclusion, after the entry into force of which it is necessary to surrender the license within 3 days.

Consequences of failure to surrender rights after deprivation

Previously (until September 1, 2013), traffic police officers had the right to confiscate the rights of violators, but now the procedure has changed.

In accordance with the new rules (applicable in the Russian Federation from September 1, 2013), the driver must independently take the license to the traffic police department. To do this, you must first obtain a special application form from the traffic police department and fill it out properly indicating the parameters:

the decision of the magistrate, which was the basis for deprivation of rights;
court order number;
civil passport details (number and series).

Such an application should be filled out in 2 copies, one of which is submitted to the traffic police department, and the second remains with the applicant (with the department’s mark) and is confirmation that the driver’s license has been validly handed over.

Calculation of the period of deprivation of rights

The sentence period begins to count from the date the court decision enters into force. If the driver was not personally present at the court hearing, then the judge’s decision on his issue is considered to come into force only 10 days after he receives the court order (the exception is the situation in which the driver decides to appeal the decision). If the 10th day falls on a weekend/holiday, then the tenth day is considered to be the nearest working day. When this period expires, the driver is given a period of 3 working days during which the license is handed over to the traffic police.

According to Part 1 of Article 32.7 of the Code of Administrative Offences, the period for which the driver was deprived of his license is counted from the date following the day the car license is handed over to the traffic police department.

If the driver still does not surrender his license after the punishment, then in accordance with Part 2 of Article 32.7 of the Code of Administrative Offenses, the period of deprivation is considered suspended and will begin to count only after submitting the car license to the traffic police.

This point deserves special attention: if the driver is not personally present at the court hearing, a copy of the judge’s decision must be given to him by mail.

It is important that, after the court ruling comes into force, the driver has only 3 working days to surrender his license.

Responsibility for untimely transfer of rights after deprivation

Some drivers try in different ways to avoid surrendering their license within the period established by law. One of the most common techniques is “loss of rights.” Other cunning people simply do not surrender their car license, continuing to drive the vehicle and driving around those places where traffic police posts are located.

Any tricks related to evading/delaying the completion of the test will be punished in accordance with the norms of current legislation in Russia. For clarity, consider the following options:

Option No. 1: the license has not been submitted to the traffic police department, but the driver does not drive the car

In this case, there will be no terrible punishment, because according to the Code of Administrative Offenses (Article 32.7), he is deprived of his rights and has no right to drive the vehicle (the information is entered into a single database). However, the period for deprivation of the driver’s license begins to count only after the driver’s license is handed over to the traffic police department. This means that if the license was handed over with a 20-day delay, then the driver will be able to get it back 20 days later.

Such a violation will not entail any administrative/criminal liability. The maximum that a driver can expect is to draw up an explanatory statement about the reasons for the delay in handing over the license to the traffic police.

Option No. 2: the driver did not pass the driving license, but when he was stopped by a traffic police representative, it turns out that he was deprived of the right to drive a vehicle

In the event that a driver who has been deprived of his license by a court order continues to drive, he automatically falls into the category of persistent violators. The traffic inspector, having checked his documents against the database, will find out this and, as a result, he will have to answer under another article.

The Code of Administrative Offenses (Article 12.7, Part 2) provides for the following punishments for violators:

Fine (30,000 rubles) or arrest (15 days);
Removal from driving a car;
Transporting the car to the impound lot.

In practice, such cases are not uncommon. However, they also occur with aggravating circumstances (for example, the driver, whom the court has deprived of his driving license, is driving while drunk). Here Art. 12.8, part 3 of the Administrative Code, according to which:

The car is sent to the impound lot;
The driver is removed from driving the vehicle;
He is required to pay a fine of 30,000 rubles. or subject to arrest (period - 15 days).

Individuals (under the totality of both articles) may be sentenced to mandatory community service (100-200 hours).

The above information clearly demonstrates how risky it is to joke with the law. After all, paying for a fine, tow truck services and parking is a rather impressive amount. In addition, only from the moment the driver’s license is handed over to the traffic police does the period for which the driver’s license was deprived begin to count. It is quite natural that it is better to be a law-abiding citizen, pass your license on time and receive it after the expiration of the period of deprivation established by the court.

Option #3. A repeated traffic violation has been committed, but the license has not yet been surrendered

In the case where the evader did not surrender his license on time, repeatedly violated the rules while driving his car, and the punishment for the violation is also deprivation of his driving license, then according to the Code of Administrative Offenses (Article 32.7, Part 3), the terms of deprivation must be summed up, that is, increased.

What's better, take the ID back or say it's lost?

After the deprivation decision is issued, the citizen must deposit with the traffic police station a document giving the right to drive the vehicle. It does not matter whether you submit a permanent document or a temporary certificate. The easiest thing in such a situation would be to hand over the driving license and wait for the expiration of the sentence.

If you say that you have lost your license, you will be asked to write an application for a certificate, which can be used as a temporary alternative. Lost rights will be canceled and you will still not be able to use them.

There is no practical benefit in filing an application for the loss of a driver's license while having it in hand. When registering an application, changes are made to the database and rights are canceled. An invalid license has no legal force and its presentation is equivalent to driving without a license.

In case of deprivation with an equal result, you can submit the original driver's license or a certificate of loss. But then you will have to order the production of a duplicate, while the valid rights deposited can be picked up and used immediately.

So, it’s better to submit the original driving license if you have one. But if you really have lost your license, report this to the traffic police department and fill out the appropriate application , preferably as soon as possible. There are no sanctions for this and you will simply be issued a temporary permit.

If the deprivation case is pending in court, you can use the certificate as a driver's license. After the publication of the court ruling, you just need to submit this certificate to the traffic police, which is equivalent to handing over the original license. After serving your term of imprisonment, you will be able to order the production of a duplicate by passing a repeat traffic rules exam.

Submitted documents such as VU are stored for 3 years, after which they are legally destroyed. If you do not pick them up on time, you will have to pay for the production of a duplicate, but there are no other sanctions. Before issuing them to you, the inspector will require you to provide the results of a re-examination of traffic rules, a medical certificate, a civil passport, an application for the transfer of a driver's license and to pay all fines.

How to return?

So, if you have not submitted your driver’s document to the traffic police department, then the following instructions are acceptable for you:

First of all, you need to bring documents to the traffic police department. They will accept them from you and draw up an act of acceptance. From this moment the term of deprivation will begin to run.
Upon expiration, you must undergo a medical examination.
Then you need to retake the theoretical part of the driving test.
After this, you need to go to the traffic police office and submit a package of documents.
After reviewing them, traffic police officers will decide whether to return the document to you.
You fill out a corresponding application, after which the document is returned.

Thus, we can conclude that if you keep your license, you will never be able to get a driving license, because the period begins to run from the moment the document reaches the traffic police department and the big one is not in your hands. This is also true for cases where the period for confiscation of rights has passed.

Is the withdrawal time counted?

The period of deprivation is not counted if you do not provide the document to the traffic police department. That is, even if a court decision was made, this does not mean that the time of deprivation begins to flow.

However, many citizens try to, as they say, “cheat”, thereby keeping the document to themselves without submitting it to a government agency.

This behavior is unacceptable and will not help you achieve your desired goal.

Algorithm of actions that do not violate the law

After you have been deprived of your driver's license, it is necessary to carry out certain actions according to a strict algorithm , which will allow you to become the owner of a driver's license again after the expiration of time.

First of all, you need to collect a package of documents. It will include your driver's license, passport, and a court decision.
With this folder, you must go to the nearest traffic police department, which is located closest to your place of residence.
You can choose any traffic police department where it will be convenient for you to receive documents back in the future.
Submit the papers. The employee will review the submitted documents, and if you have provided everything in the proper amount, will issue you a certificate indicating acceptance.
From this moment on, the period begins to officially run, and you can wait until it exceeds at least its half.

From this moment on, you can take steps to pass the exam and pass the medical commission.