For what violations can a driver's license be revoked?
The Administrative Code conventionally divides all possible violations into groups that differ in severity. The easiest of them include the following road situations:
- Driving a car without state signs;
- Exceeding the permissible speed by no more than 60 km/h;
- Entering the railway tracks in the wrong place or crossing the barrier incorrectly;
- Intersection of double solid;
- Secondary disregard of a red traffic light within a period of 12 months;
- Ignoring special-purpose vehicles with sirens on (ambulance, fire, police and gas service).
For the listed offenses, the motorist risks losing his license for 3 months, receiving an accompanying fine (no more than 5 thousand rubles). For violations of moderate severity, the Code of Administrative Offenses provides for the confiscation of the certificate for a period of 6 to 12 months. And you can receive such a punishment in the following cases:
- Illegal use of special signals and flashing lights on vehicles;
- Applying inscriptions and stripes on the vehicle related to operational services;
- Driving a self-propelled vehicle under the influence of alcohol or drugs;
- Transferring a car into the hands of a minor;
- Exceeding the permissible speed by more than 80 km/h;
- Committing an accident resulting in victims with minor injuries;
- Refusal of medical examination (the crust is confiscated even if the driver was not drunk);
- Fleeing from the scene of an incident;
- Drinking or drug use after an accident, but before a medical examination.
Finally, let’s look at especially serious crimes for which the driver’s license is confiscated for life. These include:
- Driving head-on into oncoming traffic, driving incorrectly at an intersection, or speeding at a pedestrian crossing, causing the death of other motorists or pedestrians;
- Hitting a pedestrian or provoking an accident, resulting in serious injuries or deaths;
- Committing any violation resulting in the death of two or more people.
In addition to the fact that a citizen’s record is confiscated for life, he also faces imprisonment of up to 5 years. From what point does the period of deprivation of a driver’s license begin to be calculated, and under what circumstances it can be mitigated, we will consider further.
Why is a driver's license revoked for life?
Cumulative deprivation of a driver's license for a long period may consist of a repetition of the same offense or of several offenses, including those committed simultaneously. The legislative framework consists of the following list:
More on the topic: Fine for driving with an expired driver's license
- Driving after drinking alcohol. The presence of an offense is proven by police officers on the spot using a compact device or during an official medical examination. This paragraph applies to all vehicles (cars and trucks, motorcycles, buses, agricultural machinery, etc.).
- Refusal to undergo a medical examination. The occurrence must be officially recorded by police officers using a video camera and two witnesses.
- Repeated or systematic violation of the speed limit, recorded by police officers or photo and video recordings.
- Leaving the scene of a traffic accident (if the driver is a direct participant) until the police arrive.
- Re-registration of a case of driving while intoxicated after revocation of a driver's license.
The minimum period for confiscation of a document in case of violation of traffic rules can be one month. You cannot select a period less than 30 days. Meanwhile, the longest sentence for one violation can be three years. In total, the duration of detaining the certificate has no restrictions. At the same time, a sequence of execution of each punishment will be built for the offender.
Rules for calculating time limits for deprivation of a driver's license
Based on the traffic police regulations, no one can take a person’s license by force. The withdrawal procedure occurs in the following order:
- A decree is issued against the violator, which is noted in the traffic police database;
- After ten days from the moment the employee stopped, the drawn up protocol becomes legally valid;
- Three days after the final court verdict to confiscate the driver’s license, the driver voluntarily transfers the document to the nearest traffic police agency for temporary storage.
Not many people know at what point the period of deprivation of rights begins. Therefore, car enthusiasts often try to return the crust even before the end of the penalty period.
Start and end date
Most motorists are sure that the start of the seizure period is counted from the moment the protocol is drawn up. However, in reality, the state gives each citizen 10 days to petition if the offender refuses the charges against him. And this time is not taken into account in the punishment.
After ten days from the date of filling out the resolution, when the court verdict takes full force, the reduction in the period of arrest of the VU still does not begin. After all, according to the regulations, a person is given three more days to voluntarily transfer the crust to the MREO unit. And only when the document is in the hands of the employees will the calculation of the period of deprivation of the right to drive the vehicle begin, which means the legal start of the timer.
Moreover, if the driver’s license was confiscated for debts, then the countdown will begin immediately after payment of all material penalties, even if the document is submitted on time. An exceptional case can only be considered a lifelong deprivation of the right to drive a vehicle.
Minimum and maximum
The Code of Administrative Offenses of the Russian Federation establishes a clear time frame for the arrest of a device, both for administrative violators and for criminal ones. Based on its articles, the minimum limit for this punishment can be considered a period of 90 days, which is imposed on motorists for slight deviations from the rules.
It is important to know! The maximum period of deprivation of rights reaches 2 years, and it is applied, as a rule, in conjunction with an impressive fine (up to 30 thousand rubles for driving while intoxicated).
At the same time, during the entire period of punishment, the State Traffic Inspectorate undertakes to keep the seized document, since if it is lost, the cost of obtaining a new document will be borne by the citizen.
Interruption of the period of deprivation of the right to drive a vehicle
Many motorists, checking the status of their license on the official website of the MREO, encounter an inscription with the following content: the calculation of the period for deprivation of the right to drive a vehicle has been interrupted, but not everyone can guess what this message means. After all, it can appear even if the crust is in storage at the State Traffic Inspectorate. The reasons for this situation may be:
- Ignoring fines and debts that resulted in the seizure of the driver's license (in the absence of payment of the loan, alimony and other material penalties, the resolution does not become executed);
- Untimely updating of the traffic police database (the message disappears when the page is reloaded, after 1-2 days).
The only other circumstance that remains is the late delivery of the certificate. But this is the direct fault of the driver.
Who has the authority to make a decision?
The most common case when a citizen driving a car is deprived of a driver's license is when he is intoxicated. This can be confirmed by sending him for a medical examination and obtaining the appropriate conclusion from a narcologist.
After a person has been detained and the violation of the law has been confirmed, the police officer draws up a protocol indicating the person’s details, his place of registration and residence, the type and nature of the offense. The driver must sign this document and also indicate whether he agrees with the data described in the protocol.
Only a judicial authority has the right to conduct a process to deprive a citizen of the right to drive a car, so inspection staff should not take away his license at the scene of the offense.
All documents drawn up by a police officer are sent to the magistrate's court, where the case is considered in the presence of a citizen. Given his right to defend his own position, he may disagree with the accusation. If a person is found guilty of committing an act, the court issues a resolution specifying the penalties applied to him for the purpose of sentencing and prevention. The driver surrenders his license to the police within 3 working days after the decision has been issued.
Is it possible to replace a driver's license ahead of time?
Are the terms of deprivation of a driver's license summed up under different protocols?
It is no secret to most motorists that if several deviations from traffic rules are recorded simultaneously, the values from all protocols will not be summed up. Instead, employees will choose the largest fine for the article violated by the citizen, and will make a decision only on it. But does this rule apply to the timing of the withdrawal of a driving license?
The answer to the question posed is given by Art. 12 Part 27 of the Code of Administrative Offenses, which clearly states that the periods of seizure of rights under the issued protocols must be summed up. Moreover, this procedure takes place in full, without reducing the sentence for similar violations.
Attention! Therefore, even if the rules are slightly ignored, you can be left without a vehicle for several years.
Counting example
To better understand the process of summing up punishments, a specific example should be considered. Let’s say that a motorist causes an accident, which results in injuries. Before the police and medical staff arrive, he manages to drink alcohol, and he also refuses further examination.
Thus, police officers record three serious violations, providing for deprivation of rights for a period of 6 to 12 months. In total, the crust will be arrested for one and a half to three years with additional financial penalties. And this period will not be the maximum. After all, depending on the number of protocols, it can grow further. But its expiration will begin only after the voluntary surrender of the license and payment of all fines.
Is there a law on lifelong disqualification?
An article that could allow a violator to be deprived of the right to drive a car for life does not yet exist. But a combination of several punishments can increase the term of imprisonment by several decades without the right of early return. Thus, seizure of a document is possible for a period of 10, 20 years or more. For example, if 15 decisions are put forward to the violator, each of which will require deprivation of rights for a period of 3 years, the total period of invalidity of the document will be 45 years. This term is actually equivalent to life. The minimum and final period depends on the severity of the offense committed and the number of its repetitions.
Legislative bodies considered the possibility of officially introducing punishment in the form of lifelong deprivation of a license. It is currently at the draft stage. However, it is possible that the law will be adopted in the near future. Disputes about the need for this solution are still ongoing.
Is there a statute of limitations for deprivation of rights?
To the relief of all motorists, decisions made to confiscate licenses have their own statute of limitations, which is 3 months from the moment the incident was recorded. After this period, the court no longer has the right to make a decision on the seizure of the crust.
If, when checking the status of your driver’s license online, you find a red inscription: the calculation of the period of deprivation of the right to drive a vehicle has been interrupted, then this means that the regulatory authority has violated the mentioned law, and you can easily file a claim to have the penalty cancelled. Moreover, the court will be obliged to annul the arrest of the military personnel, and not provoke an amnesty.
What to do if the calculation of the period of deprivation of the right to drive a vehicle is interrupted
Traffic police inspectors can interrupt the period of calculation of a corrective measure in the form of seizure of a document only in two legal situations:
- The driver handed over the document, but did not pay state debts;
- The driver ignored the court's demands and continues to drive with an invalid license.
In other cases, the message: “calculation of the period of deprivation of the right to drive the vehicle has been interrupted” may appear only due to untimely updating of the database.
It is important to know! If after a few days nothing has changed, but you are sure that you did everything correctly, be sure to contact the nearest traffic police department for an explanation.
Is it possible to lose a driver's license for life?
In accordance with the Administrative Code, lifelong deprivation of a driver's license for failure to comply with markings, speed limits, and other rules does not occur. But this restriction ends exactly where the criminal code begins. After all, if you ignore it, a car enthusiast can easily not only lose his license forever, but also end up in jail. And then the period of serving the sentence in a general security cell or in a pre-trial detention center will have to be calculated.
In order not to expose yourself and other road users to danger, each point of the traffic rules must be strictly observed. The only exceptions can be circumstances when a deviation from the rules allows you to avoid an emergency situation or save a human life.
