Medical certificate after revocation of a driver's license. Who should get it?
Car owners who have been deprived of their driver's license for certain offenses can't wait to get their licenses back as soon as possible.
After all, it is not easy for a person who is used to driving every day to lose the right to drive his car. Car enthusiasts are interested in the procedure for returning driver's documents, and in particular: Is a medical certificate still a mandatory document when returning a license?
What do you need to know about the medical certificate?
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On September 1, 2013, amendments to the Code of Administrative Offenses came into force. Among other things, the amendments concerned the return of a driver’s document. The Code stipulates that the procedure itself must be established by government decree, taking into account the mandatory norm - testing knowledge of traffic rules.
According to the Rules for the return of a driver's license after the loss of grounds for termination of the right to drive vehicles, approved by Decree of the Government of the Russian Federation of November 14, 2014 No. 1191, in order to obtain a withdrawn license, motorists only need to pass a test on knowledge of traffic rules in the traffic police department, except for a few cases.
Clause 7 of the Rules sets out a complete list of administrative offenses for which car owners deprived of their rights must submit a medical certificate when returning them.
Consider this list:
- Driving a vehicle by a driver who is intoxicated, if such actions do not constitute a criminal offense (Part 1, Article 12.8 of the Administrative Code).
- Failure by the driver of a vehicle to comply with the legal requirement of an authorized official to undergo a medical examination for intoxication, if such actions (inaction) do not contain a criminal offense (Part 1, Article 12.26 of the Administrative Code).
- Failure to comply with the traffic rules requirement to prohibit the driver from consuming alcoholic beverages, narcotic or psychotropic substances after a traffic accident in which he was involved, or after the vehicle was stopped at the request of a traffic police officer, before an examination by an authorized official to establish the state of intoxication (Part 3, Article 12.27 of the Administrative Code).
- Violation by a driver who was intoxicated of traffic rules or operation of a vehicle, which resulted in the infliction of serious harm to human health through negligence (Part 2, Article 264 of the Criminal Code).
- Violation of traffic rules or operation of a vehicle by a driver who was intoxicated, which resulted in the death of a person due to negligence. (Part 4, Article 264 of the Criminal Code).
- Violation of traffic rules or the operation of a car by a driver who was intoxicated, resulting in the death of two or more people through negligence (Part 6, Article 264 of the Criminal Code).
Thus, to the question: is a medical certificate needed after deprivation of rights? The answer is that it is only needed for drivers who have been deprived of a driver’s license for driving while intoxicated, or for refusing to undergo a medical examination, or for drinking alcohol after an accident before the examination.
Without a medical certificate, they will not be able to obtain temporarily seized licenses from the traffic police. In all other cases, you will not need a medical certificate to obtain a driver’s license!
What are the requirements for the certificate?
From March 26, 2016, a new procedure for conducting a medical examination of drivers was introduced to obtain a certificate that gives permission to drive a car and is provided to the traffic police.
Source: https://detepe.ru/deprivation/medspravka-posle-lisheniya.html
What documents need to be prepared
To return your license revoked for driving while intoxicated, you will need to prepare the following documents:
- civil passport with valid registration;
- court order in one copy;
- certificate of passed medical examination;
- receipt of payment of state duty.
If traffic police fines were paid several days ago, it is recommended to save and present the receipts. This is necessary to prevent refusal to return rights due to open debts.
Since payment may take up to 10 days to arrive, payment documents must be presented as proof of payment.
Traffic police officers have no reason to require other documents. It is recommended that you initially contact the State Traffic Inspectorate office to obtain an exact list of documents required in a particular case.
To return your rights, you will need to pay a state fee of 2,000 rubles. The receipt is also kept and presented to the traffic police inspector when applying for your license.
What to do if you lose your driver's license in 2021 is explained in the article: what to do if you lose your driver's license in 2017.
Read about checking your driver's license using the traffic police database here.
Is it necessary to retake your license after being deprived of it for refusing to undergo an examination?
Obtaining a driver's license after deprivation - rules for returning a driver's license at the traffic police department
For those who do not want to read, here are brief excerpts: Supreme Court decision AKPI13-228 Consequently, the return of valid driver's licenses to persons whose period of deprivation of driving vehicles has expired must be made without them providing a medical certificate. Recognize as invalid from the date the court decision enters into legal force paragraph 42 of the Rules for passing qualifying exams and issuing driver’s licenses, approved by the Decree of the Government of the Russian Federation of December 15, 1999.
If the violation was issued in another region, even if the case was examined at your place of residence, you will have to obtain a driver’s license from the traffic police department of the region where the protocol was drawn up. Step 3. Pass the traffic rules exam. From September 1, 2013, the return of rights after the expiration of the period of deprivation requires passing an exam on knowledge of the Road Traffic Rules (Part.
4.1 Art. 32.6 Code of Administrative Offenses of the Russian Federation)
Re-assignment of rights after deprivation
The document must contain the following information:
- information about witnesses;
- date and place of compilation;
- information about the offender;
- information about the traffic police officer;
- information about the location of the violation.
- explanations;
Is an exam required? To obtain a certificate, it is necessary to retake the theory after deprivation of rights.
The procedure for obtaining rights after deprivation
When the period is over and you have paid all the fines, you can pick up your license at the traffic police department at your place of residence. So, the procedure for obtaining it, determined by the Supreme Court of the Russian Federation, is as follows:
- Submission of all necessary documents.
- Payment of fines.
- Restoration of rights.
- Passing the theoretical basis of traffic rules.
Basically, this process will not take you more than 1 day, but it may be delayed. What if I was deprived of my license in a city other than my own?
In what cases do you need to take an exam to obtain your license after you lose it in 2021?
For those drivers who have been fined since September 2013, retaking the driver's license after revocation is a mandatory procedure. Restoring driving license after deprivation for alcohol intoxication In accordance with the current law, deprivation of a driver's license is provided for various traffic violations, including driving under the influence of drugs or alcohol.
The only way to avoid punishment is to appeal the decision before it enters into legal force.
And this cannot be done without competent legal support. Our legal experts are ready to provide any legal assistance free of charge to everyone who applies. You can get online legal advice by asking your question at the end of the article.
The procedure for obtaining a license after deprivation Of course, a driver who has been deprived of the right to drive wants to get his license back as soon as possible.
Rules and procedure for returning a driver's license
That is, all those car drivers from whom their driving license was confiscated under one of the above points are required to undergo a medical examination and present a certificate that they have no contraindications.
In addition, if a driver is suspended from driving a car due to the fact that the results of a mandatory medical examination revealed any contraindications, he must also undergo a full medical examination and present a certificate of his health.
Return of rights after deprivation for refusal of medical examination
Materials for the court to make a decision are sent to the relevant traffic police department, whose employee compiled them. The driver, in respect of whom the case is scheduled for consideration in court, must arrive at the court hearing and give an appropriate explanation.
Depending on the circumstances of the administrative case and the driver’s explanations, the court in certain cases may terminate the administrative case without imposing punishment.
Let's find out how to contrive to take away your license after being deprived of it for drunkenness
How can I get my license?
Dmitry Leskov Author Hello.
The return of the driver's license takes place at the traffic police department at the place of execution of the court order, i.e.
in the department where the ID is kept.
However, if you wish, you can pick up your rights in another division.
Source: https://yuridicheskayakonsulitatsiya.ru/nuzhno-li-peresdavat-na-prava-posle-lishenija-za-otkaz-ot-projti-osvidetelstvovanie-28149/
Action plan for getting your driver's license back
Since the end of 2014, the rule for returning a driver’s license has changed slightly. If previously traffic police inspectors could seize a document at the scene of an offense, now they do not have such powers.
Only a court can decide to confiscate a certificate. In this case, the citizen must surrender his license within three days if he has not filed an appeal.
To return your ID after the expiration date, you must:
- Take the traffic police exam again.
- Pay fines.
- Submit documents.
Exactly one month before the exam is scheduled, the driver writes an application to return the document. If the exam is not passed, you can take it again at least a week later, when everything went well, you should contact the traffic police department with the card, where the license will be returned.
It is important to note that the driver should not withdraw the license as soon as the period of deprivation expires. However, documents are stored in the department for no more than 3 years, after which they are destroyed.
Driver's medical certificate upon receipt and exchange of a driving license, after deprivation of rights
As of February 2021, a driver's medical certificate is required in the following cases:
- when passing the exam to obtain a driver’s license; - when replacing a driver’s license after its expiration date;
- when returning the driver’s license, if it was previously confiscated by the court (after deprivation of rights). The law specifies specific articles under which a medical certificate is required after deprivation, but in fact they are almost always required. But if you are persistent (show the text of the law, for example), then in some REOs you will be able to obtain without a medical certificate;
-to open a new category of university.
Changes to the laws were made on 02/04/2016 (when a driver’s medical certificate is required).
At the end of March, Order 344n of the Ministry of Health came into effect; it again changes the rules for obtaining a driver’s medical certificate (for example, for category B it reduces the number of doctors, makes an EEG optional, but other tests may arise, the form also changes and changes in validity periods are announced). You can read a detailed article from the Kommersant newspaper
What does a driver’s medical certificate, form 003-B/u, valid from July 1, 2021, look like:
driver's medical certificate form 003-В/у from July 1, 2016
According to the order of the Ministry of Health and Social Development, starting from 2015, a driver’s medical certificate was issued for two years or for a year. For drivers of license categories A, B, C, D and E, the validity of the medical certificate was two years.
For drivers engaged in professional transportation, for persons under 21 years of age and persons who have certain diseases, the medical certificate was valid for one year.
According to the new rules from March 2021, the year has already been announced for everyone.
Medical certificates received according to the old rules do not lose their relevance (if the prescribed validity period has not expired, they can be used).
Validity of a driver's medical certificate, law and reality
Addition 13.1.2016 The validity period of the certificate is specified in the order of the Ministry of Health and Social Development dated April 12, 2011 N 302n
The order is called: ON APPROVAL OF LISTS OF HARMFUL AND (OR) DANGEROUS PRODUCTION FACTORS AND WORKS, IN WHICH PERFORMANCE MANDATORY PRELIMINARY AND PERIODIC MEDICAL EXAMINATIONS (SURVEYS) ARE CARRIED OUT, AND THE PROCEDURE FOR CONDUCTING MANDATORY PRELIMINARY EXAMINATIONS COMPLETE AND PERIODIC MEDICAL EXAMINATIONS (SURVEYS) OF WORKERS WORKING IN HEAVY WORK AND AT WORK WITH HARMFUL AND (OR) DANGEROUS WORKING CONDITIONS
What it has to do with ordinary drivers (not professionals) is unclear, but how to prove this to the traffic police is also unclear. If proven, it is implied that the medical certificate is unlimited. Lawyers offer upon receipt of a medical certificate.
institution to record that they do not indicate the validity period of the certificate (with reference to this order), it is assumed that the traffic police will accept such a certificate (which is doubtful), if it does not accept it, then it is proposed to sue.
I have not tested this method and it raises many questions (how everything will happen in practice at the traffic police).
Link to the order of the Ministry of Health and Social Development
Link to discussion on VKontakte, with a response from the Ministry of Health that the deadline does not apply
If the validity period of the medical certificate is prescribed, then as of autumn 2021, the validity period of the certificate for drivers of category B is one year.
How and where to get a driver's medical certificate and what documents you need to provide to obtain it
To obtain a driver's medical certificate, you need to undergo a medical examination at a clinic (in a specialized medical institution that belongs to the state healthcare system and has the appropriate license) and receive a certificate of the established form.
You must have the following documents: - ID card (passport); - military ID or registration certificate (for men); - 2 photographs;
— a driver’s license (if you have one (for example, you are opening a new category in your license) and in case of extending the validity of a medical certificate).
Examination by a narcologist and psychologist at dispensaries, at the place of registration or at the place of stay
With this certificate, they are usually required to undergo an examination by doctors at drug treatment and psychoneurological dispensaries, and it is stated that it is mandatory at the place of registration.
Addition 13.1.2016 The strictly legal requirement to see a narcologist and psychologist at the place of registration is illegal. According to the law, these certificates can be obtained “at the place of residence or place of stay of the driver of the vehicle (candidate driver of the vehicle)” (link to the law and full quotation below).
The link to the discussion in the VKontakte community provides a response to a request to the Ministry of Health and Social Development, where this was confirmed. How to technically undergo an examination by a narcologist and a psychologist for a certificate not at the place of registration on the passport and what to do so that the traffic police will then accept the certificate depends on the region.
If the traffic police inspector refuses, they refer to the Federal Law on Road Traffic Safety (ROSA), which states that the place of residence is determined by the passport, which is not true.
Source: https://rulims.ru/voditelskaya-meditsinskaya-spravka/
Rules and procedure for obtaining a certificate in 2021
The medical examination procedure for medical return has undergone a number of changes. In particular, two new mandatory tests will be added from 2022, which will increase the cost of a medical examination for drivers.
And even now there are difficulties with the procedure for passing a medical examination. Below we will look at the procedure.
Step 1. Choose a clinic
This could be a district clinic or a private medical center. The main thing is that the medical institution has a license.
You can sign up at the reception desk, by phone or on the institution’s website. For example, in Moscow there is an online appointment for a medical examination on the website of the Moscow Mayor.
Step 2. Pay for the medical examination
The procedure for passing a medical examination to return a driver’s license does not apply to the unified compulsory medical insurance system. Therefore, medical services are paid. You need to pay for them out of your own pocket. And to do this, enter into an agreement with the selected clinic, and then make a payment: in cash at the cash desk or by card through the payment terminal (no commission).
Step 3. Go through primary and secondary doctors
You should first clarify whether certificates from the dispensary from a narcologist and a psychiatrist are required. In some clinics, these specialists are included in the list of doctors that the driver needs to see. And somewhere you will be asked to bring ready-made certificates from a psychoneurological and drug treatment clinic.
To obtain a certificate of license, go through:
- narcologist;
- neurologist;
- ophthalmologist;
- psychiatrist;
- Laura;
- therapist - general practitioner.
Their conclusions are sufficient for drivers with driving categories A and B. For those who have other categories on their license, for example, C, D, E, they also need electroencephalography - this is a study of the bioelectric activity of the brain.
Important! If you have seen a psychiatrist or narcologist at a location other than your place of registration, the traffic police may refuse to return your license. And they will tell you to see specialists at the dispensary at your registered address. There is no mandatory requirement in the law in this regard - see paragraphs 2 and 3 of the Procedure according to Order of the Ministry of Health of the Russian Federation No. 344-n dated June 15, 2015. But, unfortunately, in practice it is not easy to defend your rights in a dispute with an official. If you do not need unnecessary proceedings, it is better to see a narcologist and psychiatrist at your place of registration.
Step 4. Obtain a medical report (certificate)
The final one will be the therapist's office. He completes the certificate and puts the doctor’s stamp on the driver’s license confirming the medical examination. If your doctor has any doubts, he may refer you for additional examinations and tests. Based on the results, you need to go back to the general practitioner and pick up the finished report 003-B/u.
Another stamp, this time of a medical institution, is placed at the reception desk.
Step 5. Submit a certificate and other documents to the traffic police
The completed certificate must be submitted to the traffic police department where your driver’s license is kept.
Have with you:
- Russian passport;
- medical certificate in form 003 V/u;
- receipt for payment of fines from the traffic police.
No photos required. The responsible employee will take a photo of you before handing over the plastic.
A conclusion about passing the traffic rules knowledge exam is not required. This information is available in the electronic database of the State Traffic Inspectorate. Unpaid fines are also checked online – through the GIS GMP. Sometimes the system freezes, so it is better to take payment receipts with you.
New rules of medical commissions for driver's licenses
Very soon, the traffic police will officially terminate driver’s licenses for certain medical reasons, and law-abiding motorists will need to undergo a medical examination not only before learning to drive , but also once every 10 years. It was decided to introduce these innovations mainly for professional drivers. After all, the health of those who work “behind the wheel” should be taken with particular seriousness.
Rules for medical commissions for drivers
For ordinary drivers, in principle, nothing has changed, because drivers already appeared at the doctor’s office to receive a certificate every ten years, that is, when replacing their license.
Driving instructors remind you that according to the previous rules, a motorist had to undergo an appropriate medical examination once every 2 years.
However, no one did this, because the availability of a medical certificate is not checked anywhere.
Now a medical certificate will be issued only to driver candidates and those persons who change their driving license to a new one, that is, every 10 years.
As for the so-called “disenfranchised”, medical examination is provided for them only in two cases:
Another category of citizens who will undergo an unscheduled medical examination are those who fall under a criminal article, that is, those who have been deprived of the right to engage in certain activities related to driving a vehicle.
Checking professional drivers
It must be said that passing a medical examination every 2 years will remain for professional drivers. Moreover, in order to get a job, you will have to undergo a preliminary medical examination.
If a person already works in this specialty (for example, transporting goods or passengers), then before each flight he will have to undergo a physical examination.
But there are exceptions here, in particular emergency drivers responding to a call. There is no pre-trip medical examination for this category.
There will also be a post-trip medical examination for dangerous goods carriers and passengers.
If, during a periodic examination, a professional driver is diagnosed with any disease or condition that prohibits driving, then such driver will be sent for additional examination and then treatment. The validity of the medical certificate will be terminated.
If after an extraordinary examination the diagnosis is confirmed, the medical report is canceled, and the traffic police will be notified of this. The list of such conditions and diseases is planned to be officially approved by government decree.
New rules of medical commissions at the University for doctors
Amendments to the law on medical examination clarify where exactly drivers will be able to undergo examination. Here we are talking about organizations that have the appropriate license to engage in this type of activity.
Passing a narcologist and psychiatrist for a driver's medical certificate
For example, examinations by a narcologist and a psychiatrist should only take place in specialized institutions of the municipal and state health care systems. Moreover, inspections by the above specialists will be carried out exclusively at the driver’s place of residence or at his temporary place of stay.
According to the amendment to the Code of Administrative Violations, doctors operating as part of a medical commission will bear full administrative responsibility in terms of conducting a medical examination.
If the fact of any violation on the part of the medical commission is revealed, then a fine of up to one and a half thousand rubles is provided for this. The amount will be 2-3 thousand rubles for officials. But legal entities face a larger monetary penalty: from 30 to 50 thousand.
Revocation or termination of driver's license?
A procedure for terminating a driver's license and revoking it will soon be developed. Today, such actions are possible only by court decision, and similar facts have already happened.
Thus, after an inspection by the Prosecutor General's Office of certain examination units, it turned out that licenses were issued even to persons registered with drug dispensaries. Thus, we can conclude that these people’s medical certificates were fake.
Unfortunately, the traffic police do not have the ability to determine whether a certificate is fake or not.
It is worth clarifying that deprivation of rights and their termination are different concepts. Deprivation is provided for certain traffic violations (from a month to 3 years). But cessation is a broader concept.
The decision to terminate the license is made in the case when the driver, while driving, can be dangerous not only to himself, but also to others. If the right to drive a vehicle for medical reasons is terminated in court, then it is impossible to restore the rights, that is, such a procedure is not provided for by law.
However, this does not mean that the driver will never drive again. Termination, like deprivation, lasts for a certain period of time: one year, five years, ten, but there is also a life sentence.
If you wish, you can get your license again, but after going all the way again, that is, get a medical certificate, other necessary documents, pass a theoretical exam on your knowledge of traffic rules, and confirm your driving skills with the traffic police. If the person successfully completes the entire procedure, he will again be able to obtain the right to drive a vehicle, as well as a driver’s license.
Material about the new rules of the medical examination for drivers:
Follow traffic rules and be careful on the road!
The article uses an image from the site goodmedhelp.ru.com
Source: https://spokoino.ru/articles/gibdd/novie_pravila_medicinskih_komissii_dlya_voditelskih_ydostoverenii/
Where can I take a license commission: all options
Find out whether it is possible to undergo a medical examination at a place other than your place of registration or residence, and whether you need to undergo a medical examination after deprivation of your license. Advice and expert opinions.
Answer:
Many future drivers are interested in whether it is possible to undergo a medical examination for a license for free? Usually the cost of such a service is paid. For example, in Moscow it ranges from 600 to 2000 rubles.
If a citizen wants to undergo a medical examination in another city or region, he must prepare for temporary delays by traffic police officers.
There is usually a lack of confidence in the legality of issuing such certificates and it takes time to verify the license that entitles the hospital to provide these services.
Therefore, it is better to pass the commission at a clinic located on the territory of the local traffic police department, where a certificate of the appropriate form will be issued, valid in all regions of the country.
Do I need to undergo a medical examination after deprivation of my license? This must be done if the person’s license is returned and the period of the last inspection has expired or has almost come to an end.
To pass the medical examination, you must have a passport and two matte photographs measuring 3x4 cm. Those liable for military service will need to present a military ID. If you already have a driver's license, then this will also need to be provided to medical professionals.
The examination is performed by the following doctors: ophthalmologist, therapist, surgeon, neurologist, otolaryngologist, psychiatrist and narcologist, gynecologist (for women). In some cases, they may be referred for additional examination. If it is not possible to carry it out in this medical institution, the person is sent to the hospital at his place of residence.
Examination by a psychiatrist and narcologist usually takes place in territorial psychoneurological and drug treatment centers, because not every medical institution has specialists of such a narrow profile.
These doctors issue their conclusion only after checking the data about a particular person in the database. They must be sure that the driver candidate is not registered with them.
In a controversial situation, the issue of issuing a certificate will be decided individually at a council of doctors of this profile.
Do I need a medical certificate when obtaining a license after deprivation? This question is often asked by people who have been ordered by a court to return their driver's license. In their case, providing such a certificate is mandatory.
Is it necessary to undergo a medical examination after deprivation of rights: all the information
Source: https://www.all-answers.ru/index/pravo-i-zakonyi/mozhno-li-projti-medkomissiyu-na-prava
Medical examination after deprivation of rights
Question:
Is it necessary to undergo a driver's medical examination when obtaining a license after deprivation of it for 3 years?
Answer from a lawyer on the topic of the question: - medical examination after deprivation of rights
Is it necessary to undergo a driver's medical examination when obtaining a license after deprivation of it for 3 years? IRA, only if the validity period of the certificate has expired. and if your license is deprived for driving while intoxicated, the narcologist must register you and during the registration period, he will not sign a medical certificate for you. has no right.
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What certificate can I get from a narcologist?
Question: Hello, I was deprived of my license for 1.5 years because cannabinoids or marijuana were found in the urine, Article 12.8.1. The period of deprivation has ended. I came to pick up my license, they demanded some kind of certificate from a narcologist.
I was not registered, I have a medical certificate, I passed a medical examination before taking my license, all the stamps are there, including those from a narcologist.
What certificate can I get from a narcologist? Is it legal for the traffic police to demand it if I have a medical certificate?
Lawyer's Answer: You need to contact a narcologist and get a certificate stating that you are not registered. The traffic police requirements are legitimate.
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Can't pass the medical examination? Registered with a drug treatment clinic
Question:
Driver's license revoked while drunk. The period of deprivation expired in 2010. I only signed for medical procedures. examination. No one told me that I had to go and check in at the drug treatment clinic.
They registered me, and they don’t put a stamp on me at the medical board. Is this legal? second punishment for one violation. I went and checked in for several months, then the doctor went on vacation and I didn’t go after that. Now they tell me you will celebrate 3 (three) years.
On what basis am I registered? They show me the honey's signature.
Lawyer's Answer: File a complaint with the regional health department
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Where can I get a medical examination?
Question:
I am registered in the region. You need to take back your license after deprivation. Can I undergo a medical examination in the city, including a psychologist and a narcologist, and then go with certificates for my license? Thanks in advance for your answer.
Lawyer's Answer: Denis, you will be able to undergo medical examination. commission where you feel comfortable. There are no restrictions on this issue.
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Question: Will I need to retake the traffic rules and undergo a medical examination and in which city can this be done?
Question: Hello, I was deprived of my license for 3 years in 2011, the period of deprivation has expired. I was deprived of the Krasnodar Territory in the city of Tikhoretsk, at that time I was registered in this city and lived there, then I moved to St. Petersburg and registered there, at the moment I live in Moscow but am registered in St. Petersburg.
Question: Will I need to retake the traffic rules and undergo a medical examination and in which city can this be done? (Ps - the provo must be picked up within a week or two maximum) Lawyer's answer: Good afternoon, Anton Ruslanovich! Yes, kindly retake it. Please contact me. Good afternoon, Anton Ruslanovich! Yes, please retake it. Contact us.
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I heard that then I might be registered with a narcologist, is this really possible?
Question:
Three years ago, he was deprived of his driver's license for driving while intoxicated. The deadline expired and my license was returned to me by our incorruptible police, even without going through a medical examination or other matters.
Now here’s the crux of the problem, my driver’s license is expiring and I have to go through a medical examination again and so on. I didn’t see a narcologist all this time; after that incident of deprivation, I didn’t come across anything.
I heard that then I might be registered with a narcologist, is this really possible? What should I do?
Lawyer's answer: traffic police officers send information to a narcologist about driving while intoxicated - you are automatically registered
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Do I need to get a new medical certificate after the expiration of the period of deprivation of rights under the National Tax Code?
Question: I was deprived of the right to drive a vehicle under Article 12.8. Part 1 for 1.5 years. A week before this most unpleasant incident, I underwent a medical examination for a driver’s license. Those. the medical certificate that I have is still valid.
The period of deprivation of rights ended yesterday, and today I went to get them and the traffic cop assures me that I need to get a new certificate and undergo drug treatment, i.e. I didn't get my license back.
Are their actions legal? After all, nowhere does it say that after the NS it is necessary to update the certificate... I’m waiting for a justified Answer from the Lawyer:
The traffic police officers are wrong; after the expiration of the period of deprivation of the right to drive, the driver’s license is returned upon request. NO certificates are required to be presented at all. Submit a WRITTEN application addressed to the head of the traffic police and, having received an official response, go to court.
_____________
In order to take away your license after deprivation, do you need to undergo a medical examination at your place of registration or does it not matter? I'm just working in one
Question: In order to take away your license after deprivation, do you need to undergo a medical examination at your place of registration or does it not matter? I just work in one city, registered in another. Lawyer's Answer: Go where you go, no one limits you
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Source: https://hasion.ru/lishenie-prav/medkomissija-posle-lishenija-prav.html
How to regain the right to drive a car early
From the moment of receiving a court order to deprive a driver of his license for a certain period of time, the driver can return his license early.
For this purpose, the legislation provides for a 10-day period during which the violator can file an appeal and appeal the court decision. But for a positive result you will have to make a lot of effort.
The driver must provide evidence of his innocence or mitigating circumstances. Only in this case is an early return of rights possible.
It is important to consider that you need not just words, but documents, photographs, videos and other materials. Only such evidence will be accepted for consideration.
It is almost impossible to mitigate or cancel the punishment on your own. It is worth contacting an experienced lawyer with legal knowledge in this area. He will be able to find “loopholes” in the laws and select the necessary evidence.
If the driver’s actions did not change the court’s decision, then it will not be possible to return the license early. At best, the offender will fall under the amnesty law, which implies a mitigation or cancellation of the punishment. But it does not apply to all cases and is valid once every few years.
Revocation of a driver's license for driving while intoxicated happens very often. Therefore, the procedure for returning an ID has a well-established scheme according to which the violator must act.
He will need to undergo a medical examination, pass an exam on knowledge of traffic rules, contact the traffic police and get his license back.
This can be done no earlier than the end date of the sentence. But you can start preparing documents in advance, 1-2 months before contacting law enforcement agencies.
In which court to sue the culprit of an accident, the article describes how to sue the culprit of an accident.
What is the statute of limitations for a fatal accident, see the page.
What is the price of a Green Card in Ukraine in 2021, find out from this information.
Is it necessary to undergo a medical examination after deprivation of rights for drunkenness 2021 - Law Office
If the driver drove a car while drunk for the first time, the court may deprive him of his license for a period of 1.5 to 2 years (regulated by the provisions of Article 12.8 of the Code of Administrative Offenses of the Russian Federation).
The same article regulates the period of repeated deprivation of rights for drunk driving. If the driver violates this rule of law more than once, then you can get a driver’s license after being deprived of it for drunkenness within three years. Possible criminal liability.
A retake after being disqualified for drunkenness is mandatory in both cases.
If a person deprived of a special right evades submitting the relevant certificate (special permit) or other documents, the period of deprivation of the special right is interrupted.
The period of deprivation of a special right begins from the day the person surrenders or withdraws from him the corresponding certificate (special permit) or other documents, as well as the receipt by the body executing this type of administrative punishment of the person’s statement about the loss of these documents.3.
Procedure for returning a driver's license after deprivation
Important
Code of Administrative Offenses of the Russian Federation. It is the laws that dictate what the reasons may be that provoke the seizure of a document that gives the driver the right to drive a vehicle. Firstly, the traffic police report must be drawn up correctly.
It must include the following details:
- location of the offense;
- the date and time when the traffic rules were violated by the culprit;
- personal and some professional data of the traffic police inspector who draws up the protocol;
- driver’s personal data;
- detailed information about the violation itself;
- an indication of the points of the traffic rules and the administrative code that were violated;
- a clearly defined penalty for violation, according to the Code of Administrative Offenses of the Russian Federation;
- The protocol must be signed by the inspectors themselves, the violating driver and eyewitnesses (according to the law - Art.
Let's find out how to contrive to take away your license after being deprived of it for drunkenness
The period of deprivation of a special right begins from the day the resolution imposing an administrative penalty in the form of deprivation of the corresponding special right comes into force.1.1.
Within three working days from the date of entry into force of the decision imposing an administrative penalty in the form of deprivation of the corresponding special right, the person deprived of the special right must submit the documents provided for in parts 1 - 3 of Article 32.
6 of this Code, to the body executing this type of administrative punishment (if the documents specified in Part 1 of Article 32.6 of this Code were not previously seized in accordance with Part 3 of Article 27.
10 of this Code), and in case of loss of the specified documents, report this to the specified authority within the same period.2.
Does a driver need to undergo a medical examination after deprivation of his license?
This means that... there are only lower age limits... upper ones, even until death - the main thing is to pass the medical examination (older people simply pass it more often than young people) Return of rights after deprivation.
The rules for returning a driver's license to a person who has been deprived of the right to drive a vehicle for committing an administrative offense have been determined. I have lost 50% of my vision, can I undergo a medical examination and get my license?
Loss of vision in one eye (right). Well, in our great country, even a blind person can get a certificate! How to get a driver's license after deprivation. I don’t have a 1994 driver’s license, do I need to renew it?
They may require a medical examination - it’s not legal, if your license is valid, a medical certificate, a passport and knowledge of traffic rules in your head, you will pass the theory, which is not necessary right now... just...
How to get your license back after being revoked early for drunkenness?
Attention
Source: https://advokat-kramarenko.ru/nuzhno-li-prohodit-medkomissiyu-posle-lisheniya-prav-za-pyanku-2017/
What changes have occurred in the procedure in 2021
The fundamental law defining the rules for restoring a driver’s license after deprivation is Administrative Code No. 32.6, part 4.1.
Changes were made to it regarding the return of rights:
- A driver's license cannot be confiscated by a police officer if a violation is detected. A representative of law enforcement services must draw up a report and submit it to the appropriate authorities. Next, the protocol on the administrative offense is submitted to the court, which makes a decision on punishment. Throughout this period, the driver can continue to use the car and license. And only after the trial, if a decision is made to revoke the license, does the driver hand over the document.
Exceptions are cases when the car is driven by a person in an inadequate state or under the influence of alcohol. The police officer has the right to send the car to the impound lot, and send the driver home under his own power.
- After the decision on deprivation of rights is made, the driver has 10 days to file an appeal to mitigate the punishment.
- To get your driver's license back, you must pass a theoretical exam. Previously, this rule was not provided. Now the driver must confirm his knowledge of traffic rules with certification. This rule applies to drivers who were deprived of their license after September 1, 2013. If the court decision was made before this date, then you will not need to take the exam again.
- If your license was revoked due to drunk driving, you will need to undergo a medical examination to obtain a new license. This rule applies to all cases, regardless of the length of the sentence.
- Before applying for reinstatement of your rights, you must pay any existing fines from the traffic police. The presence of debts must be checked when applying for a new certificate. And if the driver has unpaid fines, then it will not be possible to get his license back.
Regarding the medical certificate, there are many nuances. When replacing a certificate after the expiration of the document, passing a commission is mandatory.
But if you change your license due to a change of name or loss of your ID, no. Deprivation of rights also does not always require obtaining a medical certificate.
But driving while intoxicated is a special violation that requires going through the full procedure for obtaining a license, as during the initial application.
Do I need to undergo a medical examination for my license if the validity period has not expired?
Is it necessary to undergo medical
Is it necessary to undergo a medical examination when replacing a driver’s license in 2018 or was it cancelled?
When replacing a driver's license due to a change of surname, starting from 2021, there is no need to undergo a medical examination. The license will be issued taking into account the old validity period of the certificate, i.e.
within its limits.
If the replacement of rights is due, then a medical commission is required. If, of course, your certificate is less than 2 years old, then you can present it.
After deprivation of rights, a medical examination is also required.
If you change your driver's license due to the expiration date, you must undergo a medical examination.
If the replacement is related to the loss of rights or a change of surname, then it is not necessary; they will be issued without a medical certificate within the framework of the existing rights.
If your driver's license is lost, you do not need to undergo a medical examination when replacing it. If a driver's license has expired the period for which it was issued, then a medical examination is required.
no, not necessary, unless you lose your driver's license
Cancellation of a medical certificate when replacing a license from February 16, 2018
Let's consider paragraph 30 of the updated rules: 30.
To issue a Russian national driver's license to replace a previously issued Russian national driver's license, the applicant provides the following documents: b) passport or other identification document; c) medical report in the cases provided for in subparagraphs “a” and “e” of paragraph 29 of these Rules; d) Russian national driver's license (if available). Please note that a link to paragraph 29 has been added to subparagraph c:
How long is a medical certificate for a driver's license valid?
Read this article and find out what is the validity period of a medical certificate for drivers in 2021 and 2021 and how a driver can get a certificate.
How long is a medical certificate valid for drivers in 2018?
In 2021, a standard driver's certificate is valid for 2 years. On the back of the certificate, next to the photograph, the expiration date is indicated.
Medical certificates with a shorter expiration date (1 year) are issued to: Persons under 21 years of age.
Your driver's license is expiring, what to do?
To replace a driver's license due to its expiration date, you must undergo a medical examination.
You can contact any medical institution, both public and private.
The main thing is to have a license to conduct medical examinations.
You must have with you:
When going to the local registration and examination department of the road inspection, the driver must have with him a package of documents required by law, which includes:
- Russian citizen passport.
- A document confirming registration at the place of residence or stay.
- Driving licenses subject to exchange due to expiration.
- A document confirming payment of the state duty.
- Medical certificate form 083/U-89.
Procedure for extending the validity of a driver's license
If all documents meet the requirements, the official decides to issue the applicant a new driver’s license.
If you replace your license, you must take the driving test only if you open a new category.
Driving license exchange deadlines
Therefore, if you have not replaced your license in time, it is better not to drive a vehicle. And then the question: “when your driver’s license expires, what to do in such a situation” will not make you worry.
How long does it take to get a new medical certificate?
The answer to this question is not directly regulated by any legal act. But it is easy to answer, based on the provisions of Order of the Ministry of Health No. 344N, which regulates the validity period of a medical certificate.
The bottom line is that in order to return the rights after the deprivation, the medical certificate must be valid, that is, not expired in terms of its validity. This means that the answer lies in its validity period. And it's simple!
Regardless of what is written on the medical certificate itself, its validity for 2021 is 1 year after the date of issue. Thus, you need to receive a new medical certificate no more than one year before the end of the deprivation of rights.
Please note that the period of 1 year is regulated specifically for presentation to the traffic police, but for other needs it may be valid for longer or be unlimited.