How long is a driver's license stored in the traffic police after deprivation?

Return policy

The rules and procedure for returning a license after the expiration of the period of deprivation in 2019 depend on the article of punishment and the conditions for surrendering a driver’s license. This procedure is very simple, but it will require time and, most often, finances. But first you need to understand whether the deadline expires on the day you think, and know when you will actually get your license back.

In the article we will talk about how to return a license after a period of deprivation, including for drunkenness and refusal of a medical examination, in which cases a medical certificate is required, how to do it step by step according to all the rules and how much it will cost.

Deprivation of rights: how to return your license in 2021? Rules

So, the procedure for returning a driver’s license is regulated by the Code of Administrative Offenses and its section 32. The necessary conditions are as follows:

To return your license after deprivation, you must pass an exam on knowledge of traffic rules theory,
pay all available traffic police fines, including fines for deprivation,
undergo a medical examination and obtain a valid medical certificate, but only for those who have been deprived of their rights for alcohol intoxication or refusal of a medical examination - for those deprived of their rights under Articles 12.8, part 1, 12.26, part 1, 12.27, part 3 Code of Administrative Offences.

All these conditions for the return of military equipment are specified in Part 4.1 of Article 32.6 of the Code of Administrative Offences. Below we will discuss in detail how to perform each of these procedures, what is required for this, as well as how and where you can do it all.

Rules for return after deprivation - what documents are needed?

According to the return rules, to return your driver's license after the expiration of the period of deprivation of the right to drive, you will need a list of documents:

Your passport,
receipts for payment of fines,
medical certificate in case of deprivation for drunkenness or refusal of a medical examination.

Another important document. No, it is not needed to return your driver’s license, but you must have it - this is a certificate of acceptance of your license for storage by the traffic police or a corresponding mark on a court order or decision. Without this document, you will not be able to confirm the opposite if, when applying for a driver’s license, you are told that you did not pass it.

But according to the 2021 law, documents on successfully passing the exam are not required - it is designed that the license return inspector himself is able to search the driver’s database for deprivation and find out whether he passed the theoretical exam on knowledge of traffic rules or not. But in practice, they often give the corresponding document about passing the traffic rules, although it is rarely required when returning to a military station.

Now let's look in order at each necessary condition for returning rights after deprivation!

How and where to pick up your license after deprivation?

After a court decision is made to deprive a driver’s license, a person is required to submit the certificates and a temporary license to the traffic police within three days. From the moment the documents are handed over, the countdown of the sentence begins. For car owners, the inability to drive becomes a serious problem, so they often wonder when, where, how to pick up a license after deprivation and whether it is possible to speed up the procedure. They will find answers to these questions in our article.

Where can I pick up my license?

After deprivation, the driver must pick up his license at the same traffic police department to which it was handed over by court decision.

If a person is in another city, he has several options to solve the problem of returning his rights:

Travel independently to the locality where his driver’s license is stored to personally pick it up.
Submit an application to the traffic police department at your registration address with a request to send your license here. This can be done if at least 30 days remain before the end of the period of deprivation of “crusts”. Otherwise, you will have to go to the city where the documents based on the court decision are located.
Send an application to the traffic police department where the license is stored, with a request to send it to another department, indicating which one.

A person can submit the application personally to the inspectors or send it by registered mail. Another option is to act through a representative, but this is only possible when registering a power of attorney with a notary.

Algorithm of actions

Obtaining rights after deprivation is a standard procedure, but it contains its own subtleties and nuances.

To ensure everything goes smoothly, you need to strictly follow the instructions:

First, you should calculate the duration of the punishment, after which you can withdraw your rights. To do this, you need to look in the documents at the date when the judicial act on deprivation came into force, add to it 10 days allotted for appeal, and the term of punishment.
Determine the half term and start preparing for the theory test. Since 2013, all drivers after deprivation of their license are required to take this test again. Although the theory is allowed to be taken in advance, a person will be able to pick up the certificate only when the sentence is completed.
Pass a medical examination for drivers.
Pay all fines. Receipts must be kept, as they will need to be submitted to the traffic police along with other documents.

Important. If the fine was issued 2 years ago, but the corresponding resolution has not yet been executed, the debt is “written off” on the basis of Part 1 of Art. 31.9 Code of Administrative Offenses of the Russian Federation. This will happen only if the person does not evade execution of the punishment. Otherwise, the statute of limitations will be suspended until the debt is fully repaid.

Having fulfilled all the conditions, you can go to the traffic police to pick up your license.

Passing the theoretical exam

Those who are deprived of their license after September 1, 2013 are required to take a driving theory test. This is a necessary condition in order to collect your ID.

You can submit an application to take the exam even on the day of deprivation of your license. It is allowed to pass it 15 days before the expiration of the sentence. If you fail, you will be able to retake the exam only in a week. The number of attempts is not limited by law.

Important. The theoretical part can be taken at any traffic police department. The driver does not have to go to where he will pick up his license after being revoked.

During the theoretical exam, traffic police officers test violating drivers only on their knowledge of traffic rules. There is no need to expand on the topics of medical care and car construction.

Deadlines

You can pass the exam after at least half of the period of deprivation of rights has expired.

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This is dictated by paragraph 4 of the Return Policy. In addition, if you unsuccessfully passed the test, then next time you will be able to sign up no earlier than in a week, which is quite logical, because you need to prepare for the exam again.

Rules

To take the exam, you need to register with the traffic police department where your license is located. Just take your passport and come there to sign up (employees sometimes also require a medical certificate at this stage). You will be given an exam day.

Come on the appointed day, and together with other deprived people you are seated at special computers, where a ticket randomly selected by the program appears in front of you, and you must answer 20 questions.

Questions are selected based on the categories you have open in your account. If, for example, there are categories B and C, then the questions will be in the highest open category.

Please note that according to the new rules for conducting exams in 2019, you can make 2 mistakes within 20 questions of the traffic rules ticket. If you answer 1 question out of this twenty incorrectly, then 5 additional questions are added (total 25), if you answer 2, then 10 additional questions (total 30), if you answer 3, then you did not pass the exam.

Also, you can’t make any mistakes on additional questions at all. If, for example, you made a mistake on the 18th question, you got another 5, and made another mistake on the 3rd additional question, then you will not pass the exam to return the right to drive, because you made a mistake on the additional question, although you made 2 mistakes in total.

There is no need to hand over the additional site and city as a condition for returning the rights.

How and when to pay fines?

It doesn't matter when or how. The main condition is that you should not have any debts in the traffic police database at the time of returning your driver’s license, when the inspector checks their existence.

This also applies to the fine for deprivation - more precisely, the sanction that is imposed upon deprivation of rights for drunkenness or refusal to undergo an examination, together with deprivation, in the amount of 30 thousand rubles.

At the same time, the legislation of 2021 does not directly oblige you to present receipts for payment of fines, but it is better not to lose them and present at least payment of 30 thousand if you were deprived of it for drunkenness - in practice, this may be asked when returning your ID.

Rules

You can undergo a medical examination in any city, not necessarily at your place of registration. But there is an important subtlety: often employees do not accept certificates if you have been to a psychologist or a narcologist in another region - supposedly you need to go through them at your registered address. The law does not oblige this, but in practice such a condition may be imposed.

Therefore, if you are not sure that you can defend your right, then it is better to get a certificate from your registration address.

The medical report must be issued in a special form 003-VU.

As part of the medical examination as a condition for the return of your driver's license after the expiration of the period of deprivation, you will undergo the following doctors:

psychiatrist,
psychiatrist-narcologist,
therapist,
Laura,
ophthalmologist,
neurologist,
as well as in the direction of one of the above doctors: neurologist,
doctor who will give you an electroencephalography.

Is the deadline really over?

Few drivers ask this question. But when they come to pick up a driver’s license at the traffic police, they may be in for a surprise - there’s still a lot of time before this period expires!

Therefore, regarding the duration of deprivation of the right to drive, we need to know 2 important subtleties:

the period always begins on the date of entry into force of the deprivation order,
but it is interrupted if you did not hand over your license to the traffic police department or did not write a statement about its loss within 3 days,
further, as soon as you write the appropriate statement of loss or surrender your driver's license, the period will begin again.

Thus, if you still have your driver’s license, you will not be able to return it on the expected expiration date, because only 3 days of this period have passed.

lost his license for 2 years

Lawyer: Sergey Budarin

The process of returning a driver's license after revocation in 2021

As mentioned above, the procedure for obtaining a license requires passing a theoretical exam, and the tests can be passed before the driving ban period ends. You can pass the theory after half the term, moreover, if you fail, you can try again after 7 days. However, please note that it is not possible to withdraw your rights ahead of schedule: you will still have to wait until the withdrawal period expires. Sometimes you may be faced with a rather strange question: how to get your license back after being deprived of it for drunkenness in 2021, if you didn’t surrender it after the trial. The fact is that such a situation is impossible in principle, since the violator, whether he wants it or not, is obliged to surrender his license to a traffic police officer.

If this is not done, then sooner or later the violator will still be forced to comply with the court decision, and even fines will be added. Therefore, you shouldn’t even try to deceive law enforcement agencies, because you yourself will suffer first. In the age of the Internet and high technology, when most issues can be resolved either by telephone or via the World Wide Web, there will always be those who are interested in how to find out when to get a driver’s license after being revoked online.

This can be done on the official website of the traffic police: go to the “Services” section, and then select the “Driver check” item. After entering the driver's license data, the system will generate a short certificate with information about the period of deprivation and the status of the case. It often turns out that a person cannot take away his rights immediately after the period of deprivation has ended. In this regard, the question arises of how long the license is retained by the traffic police after the expiration of the deprivation period.

The law stipulates that confiscated driver’s licenses can be stored in the traffic police department for another three years from the date of expiration of the deprivation period, so there is no need to rush there on the day of return, but you definitely shouldn’t wait three years, since at the end of this period they are subject to destruction. In this case, you will have to obtain a new driver's license in accordance with the standard procedure.

How many years can a driver's license be kept after being disqualified for drunkenness?

Olga Viktorovna, independently according to Art. 158 of the Criminal Code of the Russian Federation cannot be applied when the court considers an application to cancel a decision to deprive a driver’s license to file a lawsuit; they are also considered in the extract from the decision, if there are the necessary rights of collectors, the signature of the chairman of the insurance company, which cannot repeat information about the reasons for the failure to conduct an investigation be appointed in whole or in part in the absence of reasons for prosthetic entry in the protocol of the court session of the victim and the specialist. The court independently determines the source: income from payment of state duty in the amount of 1,000,000 rubles. After 6 months from the date of its issuance - a resolution to initiate enforcement proceedings with a copy of the court decision attached on the basis of Art. 213 of the Code of Civil Procedure of the Russian Federation when there is insufficient evidence filed by an administrative claim in court. Are there any clarifications left? Sign up for a paid consultation 7 (950) 6953598. Lawyers on this site do not call first to offer services. Answer the caller what you are saying now, and he should shut up (that’s right!!!) and listen to you and answer your questions without saying anything one extra letter. If he asks why you know how to draw up a statement of claim, submit it to the court in accordance with the rules of jurisdiction, attach all supporting documents, and then go to court hearings. It is possible to do this with the help of a lawyer who will represent your interests, the likelihood of a successful resolution of the issue will be greater in this case. Detailed consultation, drafting documents, conducting a case in court - for a fee T 9152171802 My court. practice.

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How to get your license back after deprivation in 2019

You need to pay fines and debts in advance, including closing the enforcement proceedings of the bailiff service. As a rule, after receiving the application and the specified documents, it will take only one day to receive your driving license. This rule applies if the rights do not need to be sent to the address specified in the application. The procedure is well established and does not present any difficulties. The traffic police service regulations specify the rules for sending official mail, which are strictly observed.

Opponents of the bill claim that there will be many abuses and rights will be returned early for bribes. As a result, they decided to consider the bill later, when the situation on the roads has significantly improved. Currently, there is only one possibility: to competently defend your rights in court.

Almost every article of punishment provides for a different type of punishment: there may be a fine, deprivation or other penalty. If your license was revoked for drunkenness, you must provide a standard medical certificate received no later than a month before applying. You can apply for a certificate at the department where the document was submitted, or at any other inspection. If the location is different, it makes sense to contact in advance so that there is time for delivery by official mail.

The package of documents is insignificant, nothing additional is required: You can take the exam after completing half the term, in any convenient department. MREOs that accept exams are listed on the traffic police website. You should familiarize yourself with the work schedule of the departments, since sometimes exams are taken from individuals by appointment via the Internet on the Public Services portal.

The examination department will require the completion of a standard application in the prescribed form and the submission of documents. After which the citizen is assigned a day and time for verification.

Early return of rights after deprivation

Russian laws do not provide for the early return of rights in the event of their deprivation. The only option is to prove that the offense you committed cannot be punished by deprivation of rights (or, in your opinion, this offense did not exist at all). In court, it is also possible to prove the fact that the decision on an administrative offense was drawn up incorrectly.

In other words, during the court hearing it is worth using any legal way to mitigate the punishment and avoid deprivation of rights. It is best to hire a smart lawyer who is well acquainted with judicial practice in cases related to driving vehicles.

But even if a court decision to deprive a driver’s license has already been made, this is not a final verdict. Within the next 10 days, you can file an appeal against the court decision to a higher court. If the decision was made, for example, by a district court, then the appeal is sent to the regional judicial authority.

All this only makes sense if you are truly innocent and the truth is on your side. Otherwise, fighting the system makes little sense.

Retaking traffic rules after deprivation of rights in 2019

Testing is carried out exclusively on automated systems that do not allow subjective assessment , for which a set of examination tasks has been developed, determined by the Ministry of Internal Affairs of the Russian Federation.
The test taker receives a random ticket with 20 questions .
Exam time – 20 minutes .
The allowed number of incorrect answers is two .

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 4, 2017 , 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, 2014 .

Traffic rules of the Russian Federation.
Basic provisions on the procedure for admitting vehicles to operation and the responsibilities of officials to ensure road safety.
Legislation regarding driver liability : criminal, administrative and civil.
Fundamentals of safe vehicle control .
The procedure for providing primary medical care to persons injured in road accidents.

Tests that determine violators’ knowledge of current traffic rules are carried out in the manner established by Government Decree No. 1097 of October 24, 2014 . When preparing for the exam in 2021, it is recommended to solve tickets online for all those who have been deprived of their driver's license for drunkenness, speeding or other reasons. Clause 12 of Part II of the said resolution contains a list of topics on which theoretical knowledge will be tested:

The Supreme Court prescribed the procedure for confiscating a driver's license

Photo: supcourt.ru On June 25, the Plenum of the Supreme Court of the Russian Federation adopted a 31-page resolution on the practice of considering cases of administrative offenses in the field of road traffic (Chapter 12 of the Code of Administrative Offenses of the Russian Federation). The draft of this document was discussed at a meeting of the Plenum of the Supreme Court on June 11 and was sent for revision (see Legal.Report here).

The resolution provides explanations on the issues of qualification of certain administrative offenses, issues of assigning and executing certain types of administrative penalties, as well as issues of recording administrative offenses using automatic special technical means that have the functions of photography and filming, video recording, or means of photography and filming, video recordings.

In particular, the Supreme Court indicates that when imposing an administrative penalty in the form of deprivation of the right to drive vehicles (including as an additional administrative penalty), the judge in the operative part of the decision in the case of an administrative offense must indicate the division of the body authorized to execute the said administrative penalty (for example , a division of the State Road Safety Inspectorate of the Ministry of Internal Affairs of the Russian Federation), as well as the fact that a person brought to administrative responsibility must surrender all relevant certificates he has or report their loss to the division of the authorized body indicated by the judge, and explain the consequences of failure to comply this obligation (Article 31.3, parts 1, 2 of Article 32.5, part 1 of Article 32.6 and parts 11, 2 of Article 32.7 of the Code of Administrative Offenses of the Russian Federation).

As a rule, the unit responsible for executing the decision to impose an administrative penalty in terms of deprivation of the right to drive vehicles should be the unit of the body whose official sent the case of an administrative offense to the judge for consideration, including in the case of a decision regarding a person living outside the Russian Federation. In addition, in relation to a person residing on the territory of the Russian Federation, it is possible to entrust the execution of a decision on the imposition of an administrative penalty in terms of deprivation of the right to drive vehicles to the unit of the authorized body at the place of residence (at the place of stay) of the person to whom this administrative penalty was imposed, including in the event that such a person’s request to consider the case at his place of residence is satisfied.

By virtue of Part 2 of Article 32.7 of the Code of Administrative Offenses of the Russian Federation, in the event of a person deprived of the right to drive vehicles evading the surrender of the relevant certificate, the period of deprivation of this right is interrupted. The course of the interrupted period of deprivation of the right to drive vehicles continues from the day the person surrenders or withdraws the corresponding certificate from him (including if the validity period of this certificate has expired), as well as from the day the relevant unit receives the authority entrusted with the execution of the decision on the appointment administrative punishment, a person’s statement about the loss of this certificate.

At the same time, if a person has declared the loss of the relevant certificate, and then actually continued to use it when driving a vehicle, which is confirmed by the fact that this certificate was confiscated, the period of deprivation of the right to drive vehicles is considered interrupted and the continuation of the calculation of the interrupted period is carried out from the date of confiscation a person with the appropriate identification.

A resolution imposing an administrative penalty in the form of deprivation of the right to drive vehicles must be sent by the judge to the division of the body entrusted with its execution, with a note on the day such a resolution enters into legal force within three days from the specified day, and in the case of consideration of a complaint, protest – from the date of receipt of the decision on the complaint or protest from the court that made the decision.

In addition, the texts of decisions made by judges in cases of administrative offenses in the field of road traffic are subject to posting on the Internet within a reasonable time, but no later than one month after the date of their adoption in final form (Article 15 of the Federal Law of December 22, 2008 No. 262-FZ “On ensuring access to information about the activities of courts in the Russian Federation”).

How to get your license back after expiration

After determining the deadline for collection, the defendant must find out in which department the rights are currently located. Since the entire collection period the certificate was kept in the department that compiled the protocol, it is not always convenient to receive the document there. If the driver decides to return the document at the office at his place of residence or another, he must write a statement 30 days before the end of the period.

Let us remind you that according to the law, you can challenge a court decision on deprivation of rights within 10 days before the decision enters into legal force. An appeal is filed indicating the objective reasons for the disagreement. The largest number of complaints come from owners based on errors in the preparation of the protocol, medical examination, or later testimony of witnesses.

An appeal, if the reasons are compelling enough, plays an important role in restoring justice in the event of an unreasonable court verdict. The calculation of the beginning of the punishment is made from the day the court decision enters into force, that is, 10 days after the decision is made. Please note that the period is extended if the owner fails to hand over the certificate.

That is, if the driver’s license remains in the hands of the driver and is missing from the traffic police three days after the administrative penalty comes into force, then the driver bears the blame for this. Having received a court ruling, the offender must, within three days after the decision enters into force, surrender his license to the traffic police. If the driver had a temporary permit to drive a car, then it is better to hand it over as well, so that no questions arise later. Although there are no categorical legislative guidelines on this matter. How long is a driver's license stored in the traffic police after deprivation?

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Attention!

Due to recent changes in legislation, the legal information in this article may be out of date! Our lawyer can advise you free of charge - write your question in the form below.

Withdrawal of a driver's license: how it works and in what cases it is provided for

Who has the authority to confiscate your license and disqualify you from driving?

Confiscation of a driver's license occurs only by court decision. The inspector can only record the offense, fill out a protocol and submit the relevant documents to the judicial authorities. The traffic police inspector does not have the right to confiscate a driver’s license at the scene of an accident; only the court is authorized to do this.

The reason for removal from driving a vehicle at a particular moment may be obvious signs of alcohol intoxication or signs of drug use, or the creation of an emergency situation when the driver may be dangerous to others. In such cases, the traffic police inspector has the right to remove the person from driving, seize the car and escort the offender to a medical facility. examination.

Stages of deprivation of rights

The procedure for depriving a driver's license provides for:

completion by the traffic police inspector of an administrative offense protocol with a full description of the details of the incident;
familiarization of the driver with the contents, signature on familiarization;
consideration of the situation by the traffic police within up to 3 days, where the issue of issuing a fine or transferring the case to court is decided;
direct legal proceedings, the decision of which is given 3 months;
issuing a court decision to terminate the case or revoke the driver’s license for a certain period.

Thus, after the inspector fills out the protocol, the driver is not yet deprived of his license, since the final verdict is made only by the court. If the driver is found not guilty of violating traffic rules, his license is returned to him right in the courtroom; if the violation is recognized without deprivation of his license, a fine is issued.

Procedure for drawing up a protocol

Correct entry of data into the protocol is of key importance during the consideration of the case in court, which is why it is important to ensure that the information contained in it is valid. A document filled out with errors is considered invalid by the court and the proceedings are terminated even if there are signs of the driver’s guilt.

The following information is included in the protocol:

last name, first name, patronymic, title of inspector;
driver’s passport details, place of work, position, driver’s license number;
vehicle data;
circumstances of the incident, date, time, place;
type of violation, article depriving rights;
testimony and data of victims and eyewitnesses (if any);
photos, videos (if available);
driver's rationale;
a statement from the offender about the conduct of the case by the court at the place of residence (if there is none, the case is heard in the court closest to the place of the offense);
familiarization of the driver with the contents of the protocol, rights and obligations, signature of the culprit’s agreement/disagreement with what was written, signature of receipt of a copy of the protocol.

Before signing, you must carefully read the contents of the document, since even small inaccuracies can have a significant impact in a legal appeal. It is better to make sure to even put dashes in the empty fields of the document in order to exclude the possibility of the interested parties adding data after signing the protocol. It is necessary to check the inclusion of photo and video data in the protocol, and when using special devices (for example, radars), check the presence of documents on them (if not, be sure to note this in the protocol).

Important:

If a court makes a decision on deprivation of rights, a citizen has the right to protest the verdict within 10 days by filing an appeal to a higher court (in this case, he is considered familiar with the court decision after affixing his signature).
You can file an appeal as many times as there are higher authorities.
Before the court decision comes into force, the driver still has the right to drive a car using his driver’s license.
After the court decision comes into force, the law gives the citizen 3 working days to submit a driver’s license to the traffic police.
In case of loss of license, the driver is obliged to inform the traffic police about this fact.
The period of suspension from driving starts counting from the date of the court decision with an increase of 10 days for a possible appeal and only after the driver surrenders his driver’s license to the traffic police (or submits an application for its loss).
The selected certificate is stored in the traffic police for 3 years, after which it is disposed of.