Deprived of license while intoxicated and fined 30,000 rubles. 2 years have passed. Can I not pay the fine and take away my license? Can they be canceled or has the statute of limitations passed?


What does deprivation of rights mean?

Let us immediately reassure drivers who have debts - bailiffs do not have the right to take away their licenses.
But they can impose a ban on the use of the ID. To do this, the case is sent to court, where the possibility of limiting the use of rights is decided. If all conditions are met, the court makes a positive decision and issues a resolution to the bailiffs. And they then transfer it to the traffic police, where the information is entered into the database. In this case, the rights themselves remain with the owner. It turns out that the “deprivation” is just actual. But we do not recommend driving a car with such a document - punishment is provided for under Article 17.17 of the Code of Administrative Offenses, which deals with ignoring decisions from enforcement proceedings. For this you will have to lose your license for a year or be forced to perform compulsory work for a period of up to 50 hours.

The fact of violation will be detected the first time the vehicle is stopped by a police officer.

General provisions

A driver's license today is a special document that gives the right to drive a car. Moreover, a certain set of categories has been established for different types of transport.

Accordingly, driving category “C” vehicles with only category “B” open will be unacceptable.

That is why it is important to familiarize yourself in advance with what the categories generally are and what they are.

Moreover, in the absence of a driver’s license, it will be directly prohibited to drive a car.

The reasons for this can be very different. Most often today this occurs for driving while intoxicated, as well as due to certain violations (driving into oncoming traffic, etc.).

It is also important to note that today it is possible to deprive a driver’s license only through the courts. Previously, the traffic police could confiscate the license right on the spot after a violation.

This will prevent problems. Also, you should not allow situations where your driver’s license is revoked.

It would be extremely difficult to challenge a court decision regarding the deprivation of a driver’s license. Therefore, you need to familiarize yourself with all the subtleties and features of the registration procedure in advance. This will prevent many difficulties. As well as the costs of conducting a trial.

What it is

A driver's license is a special document that has a form established at the legislative level.

It is important to note that the process of obtaining a driver’s license should be completed fairly quickly. Today there are several ways to obtain them.

IndicatorsDescription
Last name, first name, and patronymica citizen to whom such rights were previously issued
Date and place of birthas well as a color photograph of the driver's license recipient
Date and time of the beginning and end of the validity period of the license
City of registrationas well as a complete list of open categories of driver's licenses

For some time now, the reverse side of a driver's license has become more complex.

In addition to the usual categories, various subcategories began to be used - information about them is also indicated on the driver’s license.

It is best to familiarize yourself with all of them in advance. This will avoid problems.

The driver's license itself can be used not only to confirm the right to drive a car. But also as proof of identity.

It has been established that the validity period of the VA is only 10 years.

Otherwise, using a car with an expired license is equivalent to driving without a license at all.

Which entails a fine of 3-5 thousand rubles and towing of the car.

There is a standard list of situations when such a measure of influence is applied. It is worth familiarizing yourself with this list to avoid such situations.

It must be remembered that the list of grounds for deprivation of a driver’s license of any category is quite extensive.

Reason for deprivationAdministrative punishmentTerm
Driving while intoxicated
  1. Driving while intoxicated
  2. Transferring control of a vehicle to a person under the influence of alcohol
  3. In case of repeated violation similar to that specified in clauses 1 and 2
  4. Refusal to undergo a medical examination to establish the fact of intoxication (examination)
  1. From 1.5 to 2 years, not less than 1.5
  2. 1.5-2 years
  3. There is a toughening of punishment - up to 3 years of imprisonment
  4. From 1.5 to 2 years of deprivation of the right to drive a car
Lack of state vehicle registration signs
  1. Complete absence of registration plates on the vehicle, improper use
  2. Use of obviously false signs on a vehicle
  1. Up to 3 months
  2. Deprivation of driver's license for a period of 6 to 12 months
Incorrect use of lighting equipment on a vehicle
  1. Using red or blue
  2. Equipping a car with a special sound device without the appropriate permission
  3. Application of color graphics in the absence of special permission
  1. Deprivation of driving license for a period of 6-12 months
  2. Deprivation of driver's license for up to 24 months
  3. From 1 to 1.5 years
Drifting into oncoming traffic, violating the speed limit
  1. If more than 60 km/h
  2. At 80 km/h
  3. If there is a repeated violation as in clauses 1 and 2
  4. Drifting into oncoming traffic
  1. 4 to 6 months
  2. Imprisonment for at least 6 months
  3. Rights are revoked for 1 year
  4. 4 to 6 months
Violation of the rules for transporting oversized and heavy cargo
  1. In the absence of a permit from the traffic police
  2. Inconsistency between information about oversized cargo in documents and in reality
  1. Up to 6 months
  2. Up to 4 months imprisonment

In addition to the situations outlined above, deprivation on other grounds may also occur.

There is a special document that outlines the basic points regarding the revocation of a driver’s license. If possible, you should read all of them carefully.

This will prevent many problems and difficult situations.

Moreover, in some cases, only a certain fine is imposed for individual violations.

It is important to carefully study all legislative norms and avoid situations where deprivation occurs. Often, deprivation occurs after a serious accident.

Why your driver's license can be revoked in 2021

No fundamental changes in traffic rules regarding the deprivation of driving licenses are expected next year. However, it will be helpful to re-familiarize yourself with the violations that put a driver at risk of becoming a pedestrian.

DEPRIVATION OF RIGHTS FOR 1 TO 3 MONTHS

■ Driving without license plates or hiding them

■ Refusal to give way to a vehicle whose special signals were turned on

■ Repeated driving of vehicles that are not registered with the traffic police

DEprivation of rights for a period of 3 months to 6 months

■ Violation of crossing rules (ignoring stop signs, improper parking and stopping on rails without good reason) (from 3 to 6 months)

■ Exceeding the speed limit by 60 kilometers per hour or more (from 4 to 6 months, for repeated violations – up to a year)

■ Driving into the oncoming lane (from 4 to 6 months, in case of repeated violation – up to a year)

■ Driving in the oncoming lane during one-way traffic (from 4 to 6 months, with a repeated violation - up to a year)

■ Repeatedly ignoring prohibiting traffic lights (up to 6 months)

■ Transporting a group of children at an inappropriate time (from 5 to 6 months)

■ Exceeding the speed limit by 80 kilometers per hour or more (from six months)

DEprivation of rights for a period of 6 months to a year

■ Repeated violation of traffic rules (from 6 to 12 months)

■ Installation of devices with red light on the front of the car (year)

■ Installation of fake license plates (from 6 to 12 months)

However, it is possible to prove that the violation was committed without selfish intent. Then the would-be driver can get by with a fine and still have his documents.

DEPRIVATION OF RIGHTS FOR 1-2 YEARS

■ Driving with a license that was suspended by bailiffs (year)

■ Illegal installation of special signals and painting of vehicles in the colors of special services. (1-1.5 years)

■ Leaving the scene of an accident without good reason (up to 1.5 years)

■ Causing minor harm to human health in an accident (1.5 years). Serious harm – up to two years.

■ Driving while intoxicated (1.5-2 years)

■ Transferring control of transport to a drunk person (1.5-2 years)

■ Refusal to undergo a medical examination (if law enforcement officers suspect that the driver was not sober) (two years)

■ Drinking alcohol at the scene of the accident before the medical examination (1.5-2 years)

Debtors should also be afraid of being left without a driver's license.

DEBT FOR WHICH CAN BE DEPRIVED OF RIGHTS

■ Non-payment of alimony

■ Traffic police fines

■ Failure to pay a number of compensations: for harm to health, material and moral harm, loss of a breadwinner.

All this can serve as a basis for depriving the driver of his license if the amount of debt exceeds 10 thousand rubles. However, in this case, only bailiffs can seize the license. In addition, if the motorist pays off the debt, it will be possible to restore the license.

Grounds for deprivation

Drivers' rights to drive a vehicle may be restricted due to debts amounting to more than 10,000 rubles. And this is the most important condition.

According to the law, the basis for deprivation may be the formation of debts for the following reasons:

  • Alimony. If a parent does not fulfill his obligations to provide financial support for the child, he may be deprived of the right to drive a vehicle.
  • Fines. Failure to pay fines will result in a ban on driving in 2021.
  • Damage caused. This refers to property or moral damage caused by criminal acts.
  • Damage caused as a result of the loss of a breadwinner. If the driver does not compensate for the damage caused as a result of the loss of a breadwinner, this will become grounds for deprivation of his license.

But they won’t deprive you of your license for debt on loans - and this is one of the good news for many drivers. It was proposed to include this clause in the bill, but so far credit debt is not a reason for restricting rights.

What is regulated

The Code of Administrative Offenses establishes the amount of time during which a driving ban will apply.

ArticleDescription
Article No. 12.8driving a car by a driver under the influence of alcohol
Article No. 19.9exceeding the speed limit established by limit signs
Article No. 12.11violation of traffic rules on a motorway

In addition to those mentioned above, there are also other legislative documents within the framework of which the deprivation of a driver’s license takes place.

But it is worth noting that the process of making a court decision in each case is usually standard. Moreover, the meeting itself is not even held.

It is worth familiarizing yourself in advance with all the regulatory documents that determine the regime for depriving a driver’s license.

This will allow you to independently protect your own rights and interests in court, as well as when contacting the traffic police.

For what debts can a driver's license be revoked in 2021?

The second important condition for deprivation of rights is the driver’s refusal to repay the debt. If he voluntarily contributes funds and does not refuse to pay off his debts, then this measure cannot be applied to him. The right to drive a vehicle is limited only to those who oppose their obligation to pay fines, alimony and other types of penalties.

First of all, the bailiffs are obliged to notify the debtor that if the debt is not repaid, then the penalties prescribed by the court will be applied to him. A 5-day period is given for this, during which the driver can agree to voluntarily pay the debt. If there is no action on the part of the debtor, the resolution comes into force.

One important point is that the driver is warned in advance that he will take part in the trial. To do this, he is notified in one of several ways:

  • notification is sent by mail to addresses known to the bailiff;
  • the notice is compiled electronically and sent to the addressee by email.

But the bailiffs do not particularly understand whether the notice was delivered to the addressee. It is considered received even if the party involved in the trial does not appear to receive the summons.

You can return the right to drive a vehicle if you meet the only condition - repayment of the debt. As soon as the entire required amount is paid, the bailiffs will lift the restrictions, and the former debtor will be able to drive a car.

After repaying the debt, you will need to contact the FSSP and present a receipt for payment. This will be the basis for lifting restrictions. No additional actions are necessary (as with a regular deprivation of rights).

So, in 2021, debtors may be left without a license to drive a vehicle. And it will be possible to regain the opportunity to drive again only after repaying the debt.

Since January 15, 2021, the Russian government has developed a system for restricting the validity of a driver’s license, which should be introduced by bailiffs as a last resort measure against a malicious debtor. This became possible after the introduction of innovations to Federal Law No. 229 in the form of additions and changes to the relevant articles of the law. Article 67.1 clearly states cases of deprivation (restriction) of the driver’s license of citizens who are non-payers and debtors who have the status of individual entrepreneurs.

Restriction on the use of a driver's license is a temporary measure of influence on debtors during the period of repayment of the debt. This means that a person will not be able to drive any vehicle, whether owned or registered to another person. It turns out that for the application of this clause of the law, the form of ownership does not matter. Moreover, in 2021, this applies to any type of transport: land, water and even air, if a citizen owns one.

A new article 67.1 has been added to the text of the federal law “On Enforcement Proceedings”. It contains part 2, which lists cases of debt obligations for which the judicial executive authorities may introduce restrictions on the use of a driver’s license in 2021. Such cases include the following types of debt obligations:

  • unwillingness to pay child support;
  • non-payment of compensation for injury to health or loss of a breadwinner in the family;
  • non-payment of moral and property damage caused during the commission of a crime;
  • ignoring non-property requirements regarding the upbringing of children;
  • avoiding payment of administrative fines for traffic violations.

All this is provided that the amount of debt must be higher than 10,000 rubles.

Mainly, Article 67.1 of Federal Law No. 229-FZ “On Enforcement Proceedings” is aimed at resolving the issue of persistent defaulters of social debts, in particular alimony arrears. After all, it is difficult to find measures to influence a person who does not want to pay his child the amount required by law. The inability to drive a car will be a serious circumstance to make the debtor think about it and start paying the debt. For many mothers raising children alone, this law is their last hope for money. It is still too early to talk about the effectiveness of this effect. After all, this is a last resort measure that is not used often.

Within one day after paying the entire amount of the debt and presenting documents confirming this, the right to drive must be restored, all restrictions are lifted, and the owner can again use his car. Information is sent to the traffic police about the lifting of the restriction on driving a vehicle for a given citizen. Bailiffs are obliged to ensure the timely application of court decisions, and if they are carried out, monitor the removal of these decisions.

Due to the fact that it is not a deprivation of driving rights, but only a temporary suspension of their validity, there is no need to additionally retake the theoretical exam at the traffic police or undergo a full medical examination again. The bailiff will promptly submit information about the removal from the database of records of previous restrictions that need to be removed.

It is advisable not to take matters to extreme measures. Do not allow a debt of more than 10,000 rubles. You can track your debts on the website of the Federal Bailiff Service. There is a database of current enforcement proceedings. You will be able to get all the information on your debts. Try to negotiate with the creditor about deferment and installment plan of the debt. If you cannot avoid a restrictive measure, contact an experienced lawyer. They will help you quickly get your rights back in a short time.

Today, traffic police officers can deprive a driver’s license only for certain types of violations. It is worth considering this issue in advance.

And also avoid violations that can generally lead to consequences such as deprivation of a driver’s license. Today there are many features.

Important questions that are best worked through in advance include the following:

  • by timing;
  • what is the order;
  • in case of repeated violation;
  • how can I return the document?
  • important aspects;
  • what is regulated.

By timing

Today, the period of revocation of a driver's license can vary quite significantly.

There is a standard list of grounds for deprivation. At the same time, there are also a number of points that primarily affect the possible period of revocation of a driver’s license.

The main points that primarily affect the period of deprivation include:

  1. The reason why a protocol was drawn up regarding the deprivation of a driver's license.
  2. Are there any consequences for the situation that results in the deprivation?
  3. Whether the violation took place previously.

In this case, if necessary, it will be quite simple to check whether a particular citizen has previously been deprived of a driver’s license.

This can be done literally in a few minutes, without getting up from your computer - today there are a large number of services that allow you to carry out the procedure.

What is the order

Previously, traffic police drivers had the right to confiscate a driver’s license right on the road.

If a violation was detected, a protocol was drawn up and a temporary permit to use the car was issued.

That is why many citizens believe that they can simply not surrender their license after receiving it.

But there is one very important nuance in this case - the countdown of the period for deprivation of a driver’s license begins precisely from the date when the driver’s license was handed over to the traffic police. The driver must do this independently.

The very procedure for depriving a citizen of the right to drive a vehicle for any reason, regardless of the reason and section of the Code of Administrative Offenses of the Russian Federation, is entirely standard.

IndicatorsDescription
An administrative protocol is being drawn upMoreover, it can be formed on the basis not only of the decision of the traffic police officer, but also if there is evidence in the form of photos and videos.
Next, the administrative material that was collected by the traffic police officers is transferred directly to the court.for further consideration and appropriate decision
An administrative violation case is being consideredand an appropriate decision is made
After receiving the decision, the driver will need to submit his license to the traffic police (any, to choose from)after which the countdown of the period of deprivation of a driver's license will begin

Today, the process of issuing a court decision to deprive a driver’s license is quite simple and standard. The decision is usually made with minimal time.

Nevertheless, if a citizen believes that his rights have been violated, then he should try to resolve the situation by filing an appropriate application.

Separately, it is worth noting that the process of deprivation of a driver’s license often occurs repeatedly in our country. This is especially often associated with alcohol consumption.

Why can you be left without a license in 2021?

According to the new rules, the driver of a vehicle can remain without a license not only after being stopped by a traffic police inspector, but also on the basis of photo and video materials recorded by CCTV cameras or witnesses of an accident on their phones. Experts consider the advisability of adopting such an addition ambiguous, since this increases the likelihood that innocent people will be punished. Thus, a driver can lose his license in 2017:

  • Has committed three or more gross violations of the rules during the year;
  • Having accumulated debts due to fines in the amount of 10 thousand rubles or more;
  • Included in the list of persistent speed limit violators;
  • Became the initiator of a traffic conflict;
  • Found talking on a cell phone while driving a vehicle;
  • Driving through a red traffic light or ignoring a traffic controller's signal;
  • Driving a vehicle with a tinted windshield.

Based on the list above, you can understand that they are deprived of a special right to drive a vehicle not only for violations on the road, but also for debts. Although here it is more correct to talk about a temporary restriction on driving a car, since a full-fledged deprivation does not occur with a trial. The decision is made in the FSSP, where the bailiff prepares the necessary papers, and then the judicial authority makes a corresponding decision. The license is confiscated solely for violating traffic rules, for example, if the car owner committed three times:

  • Driving in excess of the permissible speed;
  • Crossing railway tracks in the wrong place;
  • Driving in the oncoming lane;
  • Performing a turn, U-turn or moving backwards in violation of the rules;
  • Violation of the rules for crossing a pedestrian crossing.

At the same time, the innovations provide for deprivation of rights not only for a three-time violation of any one rule, but also for any three of the above cases in total. In total, the Code of Administrative Offenses provides more than 20 reasons for a citizen to be deprived of the right to drive a vehicle. Such grounds, as well as the terms of deprivation, are presented in the table below.

Table - Types of traffic violations and terms for deprivation of a driver’s license in 2021, months

ViolationPeriod of deprivation
The debt on fines and other payments exceeded 10 thousand rubles
There are no numbers on the vehicle or the numbers are not installed according to the rules1-3
False license plates have been installed on the vehicle6-12
Red lighting devices on the front of the vehicle6-12
Driving a vehicle with illegally installed beacons and siren turned off12-18
Driving a vehicle with illegally installed beacons and siren turned on18-24
Driving on a vehicle with inscriptions and signs copied from service vehicles12-18
Driving a vehicle under the influence of alcohol18-24
Transferring control of a vehicle to a person under the influence of alcohol18-24
Repeated driving of a vehicle while drunk or refusal of examination after deprivation of a license for this violation36
Speeding by 60 km/h4-6
Failure to comply with the rules for traveling railway tracks3-6
Secondary violation of clause 12.10.112
Driving in the oncoming lane4-6
Repeated violation of clause 12.15.412
The driver did not give way to a vehicle with warning lights and a siren1-3
Violation of the route or lack of permission to transport large cargo4-6
Exceeding the dimensions by 10 cm or more when transporting large loads2-4
Transportation of dangerous goods in violation of rules4-6
Violation of traffic rules, resulting in slight damage to the victim's health18-24
Violation of traffic rules, resulting in moderate damage to the victim’s health18-24
Reluctance to undergo a medical examination for the presence of alcohol in the blood18-24
Use of alcohol, drugs or psychotropic substances after the incident18-24

According to the provisions of the Code of Administrative Offenses of the Russian Federation

Thus, the regulatory legal act precisely defines those violations for which a penalty is provided in the form of deprivation of a special right. However, in some cases, the motorist will also face a fine. So, if he commits a violation in accordance with Article 12.8 of the Administrative Code, he will have to pay a fine of 30,000 rubles. If you repeatedly violate the provisions of this article, the fine will increase 10 times, and the term of imprisonment will be longer by a year.

Important aspects

The main aspects that you need to read carefully include:

  • The period for deprivation of a driver’s license is counted from the moment it is handed over to the traffic police;
  • it will not be permissible to drive a car after a court ruling and deprivation of rights;
  • It is possible to obtain a license the next day after the expiration of the period for revocation of a driver’s license.

Today, the process of revoking a driver's license has a large number of subtleties. It is worth noting that this procedure is carried out within the framework of special legislation.

Therefore, you should carefully read all regulatory documents.

Driver's License Restriction Law

Before deprivation of rights for debts in 2021, bailiffs contact the debtor and insist on paying off the debt. At this stage, you can easily avoid the introduction of restrictive measures - show your readiness to fulfill your obligations.

If the debtor does not show a desire to voluntarily get rid of his debt, then according to federal law in 2021, bailiffs are given the right to make a decision by which restrictions are imposed on a citizen on the right to use a car.

You must understand that according to the law, bailiffs do not have the ability to deprive a driver’s license; it turns out that they cannot take away a license. Bailiffs only impose temporary restrictions on their use.

If the demand for which enforcement proceedings are being conducted is not a court document or is not used in accordance with a court order, then the bailiff himself or a representative of the claimant has the opportunity to go to court with a statement to establish such a measure of influence on a person as a temporary restriction on the use of rights. After a court ruling, based on the law, the bailiffs have the opportunity to enforce such a measure of influence on the defaulter.

There is no reason to panic right away. After delivering the document, the driver has 5 legal days to quickly resolve the issue and pay the debt. After this, he presents the payment receipt to the bailiff, and a day later the rights come into effect again.

If the debtor does not agree with the decision of the bailiff, then in 2021 he can file a complaint with the court against the actions of representatives of enforcement proceedings. Moreover, the legal framework identifies a number of cases that do not make it possible to put this law into effect. Categories for which it is impossible to apply restrictions on the use of a driver’s license:

  1. The use of this type of transport is the only source of income for a citizen. This happens quite often when a car helps a citizen provide for his family.
  2. The debtor's family lives in a remote area, and the vehicle helps him and his relatives get home. For some settlements where there is no direct route service, this is a fairly pressing issue.
  3. The debtor is recognized as a disabled person of group 1 or 2, or he supports a dependent disabled person of group 1 or 2, or a disabled child, and the car helps them move.
  4. The amount of debt is less than RUB 10,000.
  5. The debtor makes payments on the debt in installments, or he has obtained a deferment in payment of the debt.

If, after the introduction of a restrictive procedure, a citizen’s conditions have changed and he falls into one of the restrictive categories, then by collecting the necessary documents and presenting them to the bailiff, he will immediately receive a decision to cancel the deprivation of a driver’s license for debts. In a day, he can already get behind the wheel legally.

The calculation of the period of deprivation begins 10 days after the court decision is made, since the specified period of time is provided for appealing the decision. The procedure for returning a seized driver's license after the expiration of the deprivation period is specified in paragraph 4 of Article 32.6 of the Code of Administrative Offences. The return procedure, in accordance with clause 4.1 of the same article, provides for:

  1. Passing exams on knowledge of traffic rules.
  2. Passing a medical examination, as a result of which the absence of contraindications to driving vehicles must be confirmed.
  3. Repayment of all existing fines for traffic violations.

If the period of deprivation has expired, and the driver has not applied for his license to the traffic police department at the place of violation or has not submitted a request to transfer the document to another department (at the place of registration, place of residence), then the driver’s license will be stored in the archives for 3 years in accordance with paragraph 5 of Article 32.6 of the Code of Administrative Offenses of the Russian Federation. After this, the unclaimed document will be destroyed.

Payment of traffic police fines before returning your license

2. The return of a driver's license to a person subjected to administrative or criminal punishment in the form of deprivation of the right to drive vehicles (hereinafter referred to as the person deprived of the right to drive) is carried out after checking his knowledge of traffic rules in the division of the State Road Safety Inspectorate of the Ministry of Internal Affairs of the Russian Federation ( further, accordingly - inspection, division of the State Traffic Inspectorate).

7. For committing administrative offenses provided for in parts 1 and 4 of Article 12.8, part 1 of Article 12.26 and part 3 of Article 12.27 of the Code of Administrative Offenses of the Russian Federation, or for committing crimes provided for in parts 2, 4 and 6 of Article 264 of the Criminal Code of the Russian Federation, persons deprived of the right to drive, submit a medical report on the presence (absence) of the driver of the vehicle (candidate driver of the vehicle) of medical contraindications, medical indications or medical restrictions to driving vehicles, issued after the termination of the right to drive vehicles.

2. A seized driver's license is returned to a person subjected to administrative punishment in the form of deprivation of the right to drive vehicles (hereinafter referred to as the person deprived of the right to drive), after the expiration of the period of deprivation of this right, which has been successfully completed in the unit of the State Road Safety Inspectorate of the Ministry of Internal Affairs of the Russian Federation ( hereinafter - the division of the State Traffic Inspectorate) at the place of execution of the court decision in the case of an administrative offense, checking his knowledge of the rules of the road (hereinafter - the check), upon presentation of a passport or other identification document, if there is information about payment in the prescribed manner of administrative fines imposed on him for administrative offenses in the field of road traffic or the submission by the specified person of documents indicating the payment of such administrative fines, and to persons who have committed administrative offenses provided for in part 1 of article 12.8, part 1 of article 12.26 and part 3 of article 12.27 of the Code of the Russian Federation on Administrative Offenses, also after they have undergone a medical examination to determine the presence of medical contraindications to driving a vehicle (hereinafter referred to as the mandatory medical examination).

There are several interesting points in this case:

1. Paragraph 2 now clearly states that before returning the driver's license, the driver must pay all traffic fines.

Note. This provision has been in effect since November 15, 2014, when appropriate changes were made to the Code of Administrative Offenses.

Those. This innovation eliminates the inconsistency between documents. Let me remind you that you only need to pay those fines for which the statute of limitations has not expired.

Check fines

2. Also, the document now clearly states that exams to return the certificate can only be taken at the department at the place where the court order was executed. And this raises certain questions.

For example, a driver is deprived of his license in Vladivostok, but lives in Moscow. In this case, the Vladivostok traffic police is responsible for implementing the resolution. The driver can write an application to forward the license from Vladivostok to Moscow in order to pick up the license in a convenient place. However, he will have to take the exams in Vladivostok. Those. To take the exam you will have to travel across the country at least once.

The solution in this case is the driver’s petition for consideration of the case at the place of residence, but it should be submitted when drawing up the protocol, i.e. even before deprivation.

3. Changes have also been made to the list of violations, after which the driver must provide a medical certificate to the traffic police. Part 4 of Article 12.8 of the Code of Administrative Offenses was excluded quite logically, because This part was previously removed from the Administrative Code.

As for parts 2, 4 and 6 of Article 264 of the Criminal Code, they currently exist. However, when returning rights after deprivation under criminal charges, a medical certificate does not need to be provided .

What do you think is the reason for simplifying the terms of return for drivers convicted of an accident while intoxicated?

What punishment will follow for driving a vehicle after deprivation of a driver's license?

You cannot drive a car after your driver's license has been confiscated - this is a violation of the law. If traffic police officers are caught driving without a license, punishment will follow immediately.

Fines for driving without a license after deprivation are implied in Part 2 of Article 12.7 of the Code of Administrative Offenses:

  • up to 15 days of arrest;
  • a fine of 30 thousand rubles;
  • imposition of 100-200 hours of community service.

Even if someone deprived of a driving license puts someone without a driving license behind the wheel, he will still receive 30 thousand rubles. fine

In accordance with Part 3 of Article 12.8 of the Code of Administrative Offenses of Russia, punishment for drunk driving without a license implies administrative arrest for a period of 10-15 days or a fine of 30 thousand rubles. (in situations where arrest is not possible).

The only sure way out is to wait until the withdrawal time ends. However, some motorists try to use a fake driver's license. You need to understand that the punishment for driving without a license after deprivation using a fake ID, based on Article 327 of the Criminal Code of the Russian Federation, provides for the following:

  • imprisonment for a period of up to 6 months;
  • collection of a fine in the amount of 80 thousand rubles;
  • assignment of 500 hours of correctional labor.

For those who are interested in what will happen if a person without a license is stopped again while drunk, there is another criminal article. According to Article 264.1 of the Criminal Code of the Russian Federation, violation implies the following types of punishment:

  • a fine in the amount of 200-300 thousand rubles;
  • a fine in the amount of the offender’s total income for a period of 1 to 2 years;
  • 480 hours of compulsory work;
  • 2 years of forced labor.

All penalties described in this article provide for deprivation of the opportunity to engage in certain types of activities or hold certain positions for a period of up to 3 years.

If the debtor ignores the requirements for the fulfillment of debt obligations, the bailiff notifies the citizen about the entry into force of a restriction on the use of the special right to drive vehicles. And notifies the traffic police about this measure. There, in turn, they enter this information into a data bank. If the debtor continues to drive the car after the decision comes into force, he will face penalties. The validity of a driver's license is limited, and traffic police officers have the data in their database.

  1. List of documents for obtaining a driver's license
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Why is a driver's license revoked under criminal law?

According to Art. 264.1 of the Criminal Code of the Russian Federation, when a citizen drives a vehicle while intoxicated, during a period when he was deprived of this right by a court decision in connection with administrative punishment for driving while intoxicated, then he may be subject to criminal prosecution. Under the same article, the accused may be deprived of driver's license for a period of up to three years.

This is a punishment for repeated driving of a vehicle while drunk, for which a driver’s license is deprived in the same way as for primary driving.

If, by his actions, a person, while driving a vehicle, caused serious harm to health or death to the victim, then the decision to deprive of rights is also considered within the framework of criminal proceedings. The punishment in this case will be imposed under Art. 264 of the Criminal Code of the Russian Federation.

The grave consequences falling under this sanction will include:

  • Causing grievous bodily harm to 1 or more persons;
  • Death of participants in an accident due to the fault of one or more drivers;
  • The same consequences if the driver was drunk (separate trains).
  • The penalties for a criminal offense are quite serious: if 2 or more people die as a result of an accident caused by a drunk driver, he can go to prison for up to 9 years.
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