Do I have to pay the state fee for the exam in the traffic police after deprivation of my license?, Nizhny Novgorod

Do I need to retake the traffic rules exam after being disqualified?

Yes. This condition is mandatory for all deprived persons, regardless of the specific article under which this penalty was imposed. Even if the period of deprivation is short (at least 1 month), the traffic rules will have to be retaken. According to Part 4.1 of Article 32.6 of the Code of Administrative Offenses (quote below), retaking the traffic rules theory is mandatory for all disqualified persons, in contrast, for example, to obtaining a medical certificate, which is required only under the article for “drunkenness” and 2 more articles (12.8, 12.26, 12.27 of the Administrative Code, respectively ).

Thus, it is necessary for all deprived persons, without exception, to pass the traffic rules exam after deprivation of their rights, regardless of the article of the code. And you only need to retake the theory of the traffic rules exam - those disqualified do not need to take the motordrome and “city” exams.

Also, all drivers without exception will need to pay all traffic fines (see the loophole when you don’t have to pay).

4.1. After the expiration of the period of deprivation of a special right for committing administrative offenses provided for in Article 9.3 and Chapter 12 of this Code, a driver’s license or a tractor driver’s (tractor driver’s) license seized from a person subjected to this type of administrative punishment is returned after checking his knowledge of the Traffic Rules and after payment in the prescribed manner of administrative fines imposed on him for administrative offenses in the field of road traffic, and for the commission of 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 this Code, also a medical examination of this person for the presence of medical contraindications to driving.

Since when has the law on transfer of rights been in force?

Knowing when amendments to the administrative law on retaking a license after deprivation came into force is important, since the law does not have retroactive force and will apply to all facts of traffic violations recorded after September 1, 2013. It was from this date that amendments were made to Art. 32.6 of the Code of Administrative Offenses of the Russian Federation, regulating the mandatory retake of theoretical knowledge when returning a driver’s license.

Thus, if your license was revoked up to 08/30/2013 inclusive, then when you return your driver’s license, passing the exam will not be required. This position was confirmed by the Supreme Court in a review of practice for 2014 (approved by the Presidium of the Supreme Court of the Russian Federation on September 1, 2014).

The exact procedure for the return of rights is regulated by the Rules for the return of rights, approved by Government Resolution No. 1191 of November 14, 2014.

Additionally, you need to remember that the new administrative law specifies exceptional situations when taking exams is mandatory. These include:

driving a vehicle while under the influence of drugs or alcohol;
the offender’s refusal to undergo a medical examination;
violation of the requirements for the operation of special vehicles (construction or agricultural machinery).

In all other situations, when restoring rights after deprivation, testing is not required.

At the end of 2021, there were also rumors about the possibility of making significant amendments to the Government Decree “On permission to drive vehicles” No. 1097. But until today, the text of the finished document had not been officially presented.

The return of a driver's license, if the driver's license has been revoked in court, is carried out in several stages.

When can I retake?

According to paragraph 4 of the Rules for Returning to a Military District, retaking the exam is allowed after exactly half the period of withdrawal of rights has passed. Even more precisely, according to the law, the start date of this period is the next day. That is, it is correct to divide the period of deprivation by 2 and add 1 day - it is from this that you can legally take a retake for knowledge of the rules.

Stages of the procedure for restoring rights after deprivation

Let's briefly consider the main stages of returning a driver's license after deprivation, taking into account the requirements for retaking theoretical knowledge.

Retake after deprivation of rights

When amendments were adopted to the administrative law on the retake of rights after deprivation, the rules and principles for taking exams from violators were additionally fixed by the Rules for the return of rights.

You can contact the traffic police before the expiration of the penalty (for what period of time the license was deprived), but you will be able to return your driver’s license only the next day after the penalty ends.

In particular, the following nuances need to be taken into account:

the inspection is organized by prior appointment of the applicant;
admission to exams is possible only after completing half the term of the assigned sanction;
if the results of the test taken before the expiration of the punishment are satisfactory, the driver’s license is returned only after the expiration of the sanction;

During the exam, only knowledge of traffic rules is tested without additional questions regarding medical care and fines.

Full compensation of penalties imposed by a judicial act

According to the new law, in order to increase the number of repaid fines, a mechanism was developed to obtain a 50% discount on the repayment of the assigned amount of payments. So, if the violator pays the receipts within the first 60 days, then the amount of the penalty is halved.

However, this does not apply to “heavy” articles, such as deprivation of rights for drunkenness.

Preparation of a full package of required documents

It is required to submit original papers as listed, as well as copies of all completed pages.

Citizen's passport. The document must be valid and must contain information about the citizen’s place of registration. Additionally, you need to submit a photocopy of all completed pages.
Medical report. In order to be allowed to drive a car after deprivation, you need to confirm that your health status has not changed. To do this, you will need to obtain the opinion of a special medical commission. The validity period of the statement is six months.
Receipt for payment of state duty. Each subsequent attempt to pass the exam must be paid. You will also need to pay 2,000 rubles for issuing a plastic driver’s license and 500 for issuing a paper one.
A court ruling depriving you of the right to drive a vehicle. A copy of the document certified by the court in the prescribed manner is sufficient.
Certificate from the State Traffic Safety Inspectorate confirming the acceptance of a driver’s license for storage. When traffic police officers receive a license form from the driver, an official receipt must be drawn up stating that the document will be kept by the police. The certificate is registered and confirms the law-abiding nature of the violator. And this, in turn, increases the chances of premature return of the driver’s license.

Important! The new document form is stored for only three years. If during this time the driver does not contact the traffic police with a statement, then the license is destroyed.

In order to gain access to testing to restore rights after deprivation, you need to provide a list of documents according to the list.

This is an exclusive list of documents and other documents cannot be requested.

Where to retake?

As of October 10, 2021, the edition of the Rules for the Return of Rights has changed. According to the new legislation, relevant for 2021, after the changes, you must pass the traffic rules at the place of deprivation.

According to paragraph 2 of the Rules for the return of a license, the exam must be taken at the traffic police department at the place of deprivation:

2. The confiscated driver’s license is returned to the person subjected to administrative punishment ... who has successfully passed a test of his knowledge of the rules of the road in the unit of the State Road Safety Inspectorate at the place of execution of the court decision in the case of an administrative offense ...

This means that you need to choose the traffic police department in which area of the city you were deprived of your license. For example, if the court was in the Vakhitovsky district of the city of Kazan, then you need to take the exam on knowledge of traffic rules at the inspection unit for the Vakhitovsky district. However, you also had to submit your driver’s license there.

Features of the traffic police exam

Motorists deprived of a driver's license have no restrictions on the number of attempts to pass the theory. However, you can only get admission to a repeat exam 7 days after the previous attempt. Passing the theory for drivers whose licenses were withdrawn as a result of violating traffic rules differs from a similar procedure for driving school graduates. The main features of the theoretical exam can be considered:

No questions about first aid and vehicle installation (only questions about traffic rules);
No need to pay state duty;
Exam tickets are divided into categories AB and CD (if category A license has been withdrawn, you will have to take the AB exam, if C, then CD);
Re-taking theoretical knowledge of traffic rules is free of charge.

If the driver successfully passes the theoretical part of the exam, after a few days he will be able to pick up his previously confiscated documents. It is worth noting that this can only be done in the traffic police department in which they were handed over. If the driver's documents were seized in a city in which the motorist does not live, then he should contact the department at the place of registration. Employees of this unit must submit a request to the traffic police department, which currently holds the corresponding driver's license. Within a few days, the documents must be sent to the traffic police department at the place of registration of the driver.

A motorist can do the opposite. He can apply for reassignment to the department where his documents are stored. The application must indicate the department to which the driver's license should be sent. The application can be submitted by the motorist personally or through a stranger. You can also use registered mail to submit your application.

Is it possible to sign up for a traffic rules exam through State Services?

No. As of May 29, 2021, such government services are not provided formally. You can only sign up online to issue a driver’s license for the first time and return it after the entire period of deprivation has passed.

However, according to unverified data, you can sign up through State Services by selecting a slightly different item - “Replacement of license upon expiration.” But be careful, payment is required here, and the government service itself is completely different. The data has not been verified because this is the official response of the traffic police, and although it has official status, there is neither responsibility for its unreliability, nor, moreover, the obligation to register you using incorrect data.

Here's the answer:

How to sign up?

In fact, you can absolutely and absolutely sign up for a re-examination directly through a direct contact with the traffic police. To do this, you can select the appropriate service in the terminal, which is installed in almost all branches for 2021, and also by submitting an application by filling it out directly at the branch.

How is the recording going?

After registering at the terminal, you must wait in line when you are called to write an application. You fill out the last document and at this moment you find out the date for retaking the traffic rules. And on this date, just come for a retake.

Retaking traffic rules after deprivation of rights in 2021

In recent years, the consequences for neglecting traffic rules have become significantly more serious. In accordance with the latest edition of Chapter 12 of the Code of Administrative Offenses of the Russian Federation , introduced on April 17, 2021, violators are deprived of the right to drive a vehicle on eleven grounds. At the same time, the procedure for returning a driver’s license is determined by no less strict rules established by government decree No. 1191 of November 14, 2021 .

At the request of the applicant, information is provided by employees in writing or orally. Moreover, MREO employees are required to refer to governing documents. Unscheduled knowledge testing is provided for by the current return rules.

If two attempts are unsuccessful, then the third and all subsequent attempts will be scheduled in a month. It is recommended to carefully prepare for the exam, since even with considerable practice, there are rarely used rules, a person forgets about them.

It will take no more than 15 minutes to process the results and enter data into the database. The whole procedure takes no more than an hour. A document confirming successful completion of the exam is not issued; when returning rights after deprivation in 2021, information is drawn from the official traffic police database. A free-form application for the opportunity to take the exam. To exclude statements from the examination unit of the State Traffic Inspectorate such as: “There is no mark in the computer that you have passed your driver’s license, so your period of deprivation has not yet begun.

No, you do not need to pay a state fee to retake the exams. However, if you fail driving, then you should prepare for some expenses on renting a car. Driving schools usually provide a car for free for the first few attempts, but for subsequent attempts you will have to pay (about 500 rubles).

However, this does not mean that this will always be the case. In 2021, they have already tried to introduce fees both for exams and for each retake. The authors of the project then stated that paid exams would give driver candidates an incentive to prepare more thoroughly and would help in the fight against corruption. Fortunately, the bill was not passed, but what will happen in the future is unknown, so it’s better to take the exam and get your license as soon as possible.

Deprivation of rights is not always a consequence of problems with the law. You will not have to retake the exams if you had to part with your university for the following reasons:

medical contraindications for the motorist;
expiration of the certificate.

In these cases, it will be enough to visit a medical institution and obtain the appropriate certificate. It is possible to go through the standard procedure for replacing a certificate.

What documents are needed to retake the exam?

Only a civil passport. You will need it 2 times:

when registering for re-examination at the traffic police department,
when directly passing the exam.

No more documents are needed.

Do you need a medical certificate?

No. Despite the fact that a fresh medical certificate is required when returning to a vehicle after deprivation of a license, it is not required directly for handing over traffic tickets to deprived persons. If inspectors ask you for a medical certificate at this stage, then they are doing it illegally. The entire list of required documents is limited to the passport. This is approved by the Rules for the return of property after deprivation.

When is it necessary to retake after deprivation?

So do you need to get tested anyway or are there exceptions? It is important to know that retaking traffic rules after deprivation is not always necessary, but only in the following cases:

The driver violated the rules for operating tractors, as well as construction machinery and equipment;
The driver was charged with driving while intoxicated (in this case it doesn’t matter - alcoholic, non-alcoholic or toxic);
When the car owner refused to undergo the examination;
If the driver neglected to prohibit the use of alcohol or drugs after an accident in which he was a participant.

In other cases, the return of rights after deprivation is carried out without testing knowledge of traffic rules - according to the standard scheme.

How is the traffic rules test carried out?

Everything is done quite quickly and with a minimum of formalities, in flow mode.

you come on the appointed day with your passport,
the examining inspector checks your identity,
You sit down at the computer and a random traffic ticket opens in front of you with 20 questions that you need to answer correctly.

Among the questions, everything is the same as if you were taking the exam for the first time. The questions are aimed at testing knowledge of the traffic rules itself, as well as the basic provisions for admission (vehicle malfunctions), the Code of Administrative Offenses and fines.

How many mistakes can you make?

As of May 29, 2021 (we monitor changes daily), the allowed number of errors is two. At the same time, for each mistake in the main 20 questions, 5 additional questions are given, the answer to which is no longer possible.

We strongly recommend that, in addition to traffic rules, you learn the tickets themselves and the answers to them, since sometimes the correct answers, to put it mildly, do not clearly correlate with the points of the Rules.

What if you don't pass the first time?

In this case, you will have to re-register for the traffic rules exam after deprivation according to the instructions above - through the terminal with a visit to the traffic police department. You can do this immediately after leaving the exam retake office, but they will register you no earlier than 7 days later, this is stipulated by law.

Unfortunately, the maximum period is not regulated by anything, but according to the very principle of the legislation of the Russian Federation, it should be reasonable.

The number of attempts to pass, however, is not limited - you can retake the exam an infinite number of times until you pass it successfully.

What category of rights will the tickets be for?

According to the (“oldest” of all the ones you have) that you passed when you received your license. If you have several categories, this does not mean that you will take each one separately.

The retake occurs as follows:

if you have category “B”, then you will take the traffic rules exam in this category,
for “BC” categories, delivery is made using tickets of “CD” categories (a single set of tickets for this category),
for the “CE” categories, you retake the exam with “CE” tickets, respectively,
motorcyclists with category “A” retake only this category if they do not have “B”, otherwise only the last one.

For reference, also remember that management rights are being deprived as a whole, and not certain categories.

Something else useful for you:

Is the new law on retaking traffic rules when replacing a license true?
Removing a car from the traffic police register due to the death of the owner in questions and answers
What is the fine and what else threatens for forgotten licenses and car documents?

What happens after a successful retake?

If you correctly answered all the necessary questions of the theoretical part of the exam, then based on the results you will be given an examination sheet, which must be carefully stored until the end of the period of deprivation.

When applying for rights after the deadline, you will need to present this sheet to the document acceptance window (administrative practice) along with other documents to return the rights. You will receive a score sheet along with your certificate.

How is the traffic police exam assigned when a driver’s license is revoked?

The traffic inspector must accept and check the documents, as well as the information specified in them, including in electronic databases. This takes no more than 15 minutes. If no inconsistencies are found, a decision is made to allow the driver to take the test. Those wishing to take the exams are informed of the place and time of the tests.

Preparation for the traffic rules knowledge test

Preparation for the exam takes no more than 20 minutes. At this time, the examiner instructs the person wishing to take the exam and also establishes his identity. The theoretical exam is a test on a computer with special software. All equipment together is called an automated workplace - automated workstation.

Before the exam begins, information about the person wishing to take the exam, as well as the number of the set of tickets, is displayed. All equipment must be in good working order; if incorrect operation is detected, the examinee is provided with another workstation. If a malfunction is detected during the test, the test result is not counted and the procedure begins again.

Test content

The exam lasts 20 minutes. The test includes 20 tasks, which are divided into 4 blocks, containing one for each of 5 topics. For each question, 2-5 answer options are offered.

Each ticket consists of questions on the following five topics:

rules
.
Ensuring road safety through the actions of Traffic Inspectorate employees and the proper condition of vehicles.
Legislation of the Russian Federation regarding road traffic.
Fundamentals of safe vehicle control .
Providing first aid to victims of road accidents.

In one thematic block, you can make only 1 mistake, and the total number of incorrect answers for the test should not be more than two. For each mistake, another block of 5 questions will be added, and with them 5 minutes to solve them. The third mistake is failing the exam. The questions may not be answered in order.

At the end of the exam, information about its results is displayed on the monitor. Based on this information, an examination protocol is formed and an examination sheet is filled out, which is shown to the driver for review and signature. On the screen you can also see comments about the correct choice of answer.

Exam result

The test results are entered into automated electronic databases and into the examination protocol. You have 10 minutes to submit your results. Thus, the entire exam takes no more than an hour.

The driver is not given any paper about passing the test; all information is stored in an electronic database. And when applying for a driver’s license, information about the success of the exam will be drawn from there.

It is important to know!

In conclusion, we present a number of subtleties that are best known and read just in case by everyone who is deprived of their rights.

Pay close attention to the documents confirming the surrender of your license after deprivation to the traffic police (or to the court); Recently, there have been frequent cases when, due to errors in the traffic police, there is no information about the surrender of the certificate, as a result of which the period of deprivation is interrupted (in fact, the period begins when you hand over the license or write a statement about the loss).
To pass the exam, you do not need to pay all the fines you have, but only when you return your license. We have a separate article about the illegality of demanding payment of fines.
All of the above is presented with reference to the legislation in force for 2021. Any other data and exceptions are nothing more than a myth... Even if they supposedly come from the traffic police officers themselves. Remember that employees are the executive branch, not the legislative branch, and they are required to follow the regulations of the current legislation.

What needs to be done to return rights?

To return a driver's license, the motorist must prepare a number of documents, such as a passport, a copy of the act of surrendering the license to one of the traffic police departments, a copy of the court decision, and a medical certificate. In addition, the return of the license is carried out only after the driver has paid all existing fines. After this, the motorist must prepare to test his theoretical knowledge of traffic rules in one of the examination departments of the traffic police. To do this, you must first write an application for the return of your driver's license. By the way, drivers have the opportunity to take an exam after half the sentence has expired. Thus, the algorithm of actions to return rights consists of the following points:

Submitting a package of necessary documents.
Writing an application to the traffic police.
Payment of all existing fines.
Passing the theoretical exam.
Restoration of rights.

The theoretical exam to restore a driver’s license can be taken at any specialized traffic police department. At the same time, motorists will not have to take the practical part of the exam. To pass the exam, you will need not only an application, but also registration in the electronic queue on the public services portal. To successfully pass the theory, a motorist must make no more than two mistakes when answering 20 questions. Drivers are given 20 minutes to do this.