The period of deprivation of rights is awarded taking into account the gravity of the offense. The court can punish the culprit by banning the driving of personal and public transport from 1 to 36 months. When rendering a verdict, regulatory authorities take into account the repetition of the act, repentance, and voluntary assistance to the authorities in the investigation. In addition, it is important to understand when the calculation of the period of deprivation of the right to drive a vehicle is interrupted.
Minimum and maximum period of deprivation of rights
There are different periods of driving suspension. Administrative offenses are punishable by the confiscation of a driver's license for up to 2 years. When a person commits an accident that causes the death of a person or causes grievous bodily harm, the license can be taken away for three years. When drunk driving has been classified as a criminal offense, a repeated violation of this type is punishable by deprivation of the license for a period of up to three years.
The minimum term of imprisonment, from 1 to 3 months, is given for the primary violation:
- failure to provide a path for special vehicles giving light and sound signals;
- crossing railway tracks illegally.
Table 1 - Terms of deprivation of driver's licenses
| Period of suspension in months | Violation | Article |
| 1-3 | Driving without license plates | 12.2, part 2 |
| 1-3 | Failure to provide access to ambulances, police or fire trucks giving signals | 12.17, part 2 |
| 3-6 | Incorrect crossing of railway crossings | 12.10, part 1 |
| 4-6 | Failure to comply with the speed limit, exceeding the speed limit by 60–80 km/h | 12.9, part 4 |
| 4-6 | Repeatedly running a red light | 12.12, part 3 |
| 4-6 | Intersection solid | 12.15, part 4 |
| 4-6 | Driving in the oncoming lane | 12.16, part 3 |
| 6 | Failure to comply with the speed limit, exceeding the speed limit by more than 80 km/h | 12.9, part 5 |
| 6–12 | Driving with fake license plates | 12.2, part 4 |
| 6–12 | Non-compliance of car lighting devices with existing regulations | 12.5, part 3 |
| 12 | Repeated failure to comply with the speed limit, exceeding the speed limit by more than 60 km/h | 12.9, part 7 |
| 12 | Repeated incorrect crossing of railway crossings | 12.10, part 3 |
| 12 | Repeated collision with a solid road, its intersection | 12.15, part 5 |
| 12–18 | Illegal installation of special signals on vehicles | 12.5, part 4 |
| 12–18 | Causing minor harm to the health of passengers, pedestrians or other road users | 12.24, part 1 |
| 12–18 | Escape from the scene of an accident | 12.27, part 2 |
| 18–24 | Drunk driving | 12.8, part 1 |
| 18–24 | Handing over a car to a drunk driver | 12.8, part 2 |
| 18–24 | Causing moderate harm to the health of a passenger, pedestrian, or other road users | 12.24, part 2 |
| 18–24 | Refusal of medical examination | 12.26, part 1 |
| 18–24 | Drinking alcohol immediately after an accident | 12.27, part 3 |
Table 2 - Types of criminal violations that result in deprivation of driving privileges
| Term | Violation | Article of the Criminal Code |
| 6–36 | Causing serious harm to the health of a passenger, pedestrian, or other road users; death of the victim | 264 |
| 6–36 | Repeated driving while drunk | 264.1 |
The table shows that the maximum period for confiscation of a driver’s license is given for gross and repeated violations of traffic rules and road accidents in which people were injured.
Read more about the consequences of driving without license plates at the link.
Avoiding obstacles and public transport
Often, country roads are equipped with single-lane roads. Consequently, public transport that drops off passengers at the curb briefly blocks traffic on the only lane. An attempt to bypass the vehicle will be perceived as entering the oncoming lane and will result in the deprivation of your license.
A similar situation arises when driving around a faulty car standing on the road, a pile of garbage or an insignificant road defect. These objects are designated as an obstacle.
If it is possible to go around the obstacle in a different way (without crossing the oncoming lane), you can lose your license.
At what point does the period of deprivation begin and end?
The countdown and end time of the ban is determined simply. The period of deprivation of rights lasts from the moment the court verdict comes into effect. It is necessary to count 10 days from the day the citizen receives a copy of the court decision.
The person present at the hearing of the case receives an extract from the decision at the end of the hearing. From this day begins the countdown of the period required by law for challenging the verdict.
If the decision is made in absentia, the appeal period is counted from the moment the copy of the decision is transmitted. It is useless to evade or artificially postpone the date of receipt of the document. As soon as the enforcement authorities become aware that the violator deliberately does not receive an extract from the court decision, the countdown of the driving ban will immediately begin.
After the court verdict comes into force, the driver has 3 days to submit his driver’s license to the traffic police department.
Beginning of the period of deprivation if the driver has not surrendered his license
A draft dodger who fails to submit a document will face big troubles. You won't be able to travel for a long time. As soon as the car is stopped by a traffic police inspector, it turns out that the driver is deprived of his driving license. As a result, the police officer will legally confiscate the ID and send the car to the impound lot.
The period of withdrawal of the certificate will begin to be calculated from the moment when the rights were withdrawn. The period when the motorist used the document after the trial will not be counted.
Important. The driver can voluntarily surrender the driving license after the three-day period specified in the law. The law does not provide for fines or other penalties for delay.
Example: Motorist Lopatin S.A. was deprived of his driver’s license by decision of the Salsky Court of the Rostov Region dated June 19, 2021 for 18 months. The citizen did not appear at the hearing; a copy of the decision was handed to him on June 30, 2021. The violator surrendered his license on September 1, 2021. The inspector determined the expiration date of the deprivation period as March 4, 2021 (18 months + 3 days that were given to return the certificate).
Statute of limitations for deprivation of driver's license
Criminal penalties cannot be carried out after a certain time. For administrative actions, enforcement is terminated 2 years from the date of the court verdict.
This provision does not apply to deprivation of rights. The concept of “statute of limitations for deprivation” does not exist. The execution of the punishment is suspended until the evader surrenders his driver's license.
Until August 1, 2013, punishments were implemented according to a different scheme. Persons who had been deprived of their rights before this time did not need to submit the document to the traffic police.
Important. The decision will be implemented unambiguously. The longer the driver does not transfer his license to the traffic police, the later the period of deprivation of the ability to drive will expire.
Are the terms of deprivation cumulative?
There is no clear answer to the question. Whether another term will be added to the existing one depends on the circumstances under which the offender was detained. If the only violation is driving without a license, then the driver will be punished under Part 2 of Art. 12.7 Code of Administrative Offenses of the Russian Federation. This article does not provide for the confiscation of the driver's license.
In the event that, while driving a car, the deprived person committed a new violation, for which the withdrawal of rights is provided, a new one will be added to the current period. That is, the punishments are cumulative.
Cancellation of probation
A suspended sentence may be revoked in two situations:
- Upon correction of the face.
- To replace it with a more severe punishment.
In both the first and second cases, the initiator of the start of the process is an employee of the executive inspection.
Thus, early revocation of punishment is provided as an incentive measure for:
- completing more than half of the trial period;
- the convict managed to convince the employees of his correction, he made amends for the damage caused, at least partially.
At the same time, the issue of expunging a criminal record is resolved.
In the second case, not everything is so positive.
Changing the sanction to a more stringent type of sanctions, namely the actual period, is assumed if:
- Systematic evasion of compensation for harm caused.
- Regular violation of the regulations and restrictions established for him.
- Constant violation of public order and administrative liability during the probationary period.
- Avoiding meetings with an employee, escaping from the designated area.
- The individual committed a deliberate crime with grave consequences for the victim.
How to calculate the reversion date
A citizen can check the date of return of rights at the traffic police department where the document is stored. You can contact us in person or by phone.
It’s easy to calculate the full term yourself. The following is added to the date of the court decision:
- 10 days for the verdict to come into force.
- 3 days to submit the document.
- Sentence length in months.
If the citizen has not received a decision, you can use the traffic police website. The service contains information about the status of your driver's license. To get them you need:
- Go to the traffic police portal gibbd.rf/check/driver
- Enter the number and other data of the VU.
- Click the search button.
A table with information will appear on the page:
- when execution started;
- date of the decision;
- Period of deprivation of rights.
Using this data, you can calculate the end time of the punishment.
Features of the trial
All participants in the process must be notified of the date and time of the trial. During the preparatory part, the judge must announce the circumstances of the trial, check all the participants in the meeting who have appeared, and explain to them their rights and obligations.
IMPORTANT !!! In the main part of the process, each party presents evidence and explains its vision of the situation. In this part of the trial, witness testimony occurs, an expert opinion is announced, and video materials are provided.
The judicial process ends with the issuance of a decision on deprivation of rights, refusal of the claim or transfer of the case to another court. If you disagree with the decision of the judicial authorities, either party can file an appeal, which is called an “appeal.”
Reader Questions
I went to the traffic police portal and found information about my rights. The table indicates that the execution period has been suspended. What does this mean and what should my actions be?
Answer: This means that the citizen did not consider it necessary to hand over the certificate to the traffic police department, which led to the suspension of the punishment. The period for revocation of rights is not currently counted. It would be correct to take the document to the department that must execute the court decision. The law does not provide for a penalty for late delivery. The terms of deprivation begin when the culprit takes the driving license to the inspector.
A year and a half ago, my license was revoked for driving after drinking beer. I decided to clarify the date when I could receive the document back. The department told me that my period of deprivation had not yet begun because my license had not been surrendered. This has never happened before. Where to complain?
Answer: Indeed, until August 1, 2013, the execution of punishments was carried out according to a different scheme. Now the period of deprivation of a driver's license is counted from the moment the document is submitted.
Consequences of conviction
No matter how mild and humane the way to correct a person who has broken the law is a suspended sentence, it is still a criminal record. The consequences of being held accountable will haunt the individual for life.
So, what does the future threaten:
- according to the provisions of Article 32 of the Constitution of the Russian Federation, suspended sentenced persons do not have the right to nominate themselves for a position in the legislative body of the state at any level;
- according to the requirements of the Federal Law “On the procedure for leaving the Russian Federation”, an individual who is on probation, until the expiration of its term and the removal of a criminal record in all systems, has no right to leave the territory of the country;
- seeming formal difficulties in applying and finding employment. Thus, a previously convicted subject will never be able to serve in law enforcement agencies or the judicial system. There are also a number of restrictions for civil servants. They will be denied jobs that require an unquestioning reputation that sets an example - teachers, educators, additional education workers. Also, many large companies refuse to employ such persons (formally another reason for refusal is stated, but in reality it is a fact of criminal behavior).
IMPORTANT !!! Thus, those who consider the presence of a suspended sentence to be no limiting factor for themselves are greatly mistaken. What is in fact: the measure of influence is really milder than staying in a colony; the individual remains free. The way of everyday life is practically not transformed, with the exception of the appearance of an obligation to mark and the operation of an additional measure.
However, a conviction is still a criminal record. Subsequently, this fact will certainly affect a person’s life. First of all, as with any other measures of influence, the individual’s reputation suffers. The person will be punished, the criminal record will be expunged, but the gap in reputation will not be filled. Therefore, the position that the way of life has not changed in any way and that a correction has taken place and that the presence of condemnation will not be reflected in the future is erroneous and unconscious.
