Revocation of driver's license for speeding in 2021

Violation of standard traffic rules by motorists is quite common. An indisputable fact: the most common offense is failure to comply with the speed limit. And there are more such violators every year. Slowly, but the condition of the roads and the technical characteristics of cars are improving - all this also increases the number of fans of high-speed driving against the rules.

Car owners have long noticed that the severity of punishment for speeding and creating a situation that threatens their own and others’ lives is becoming tougher every year. However, many of the worst offenders do the most they can do, looking for information about what kind of speeding they are deprived of their license for. They focus on the latest changes in the rules and try not to cross the “red line”. Although such interest in laws is also worthy of respect and saves many lives.

Fines for speeding

For speeding in 2021, several different penalties may be imposed, one of them is a fine, the amount of which depends on the degree of violation:

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Speeding (km/h)	Article of the Code of Administrative Offenses of the Russian Federation	Punishment
From 20 to 40.	Part 2 Art. 12.9.	500 rubles.
From 40 to 60.	Part 3 Art. 12.9 (Part 6, Article 12.9).	From 1 thousand rubles to 1.5 thousand rubles (in case of repeated violation, the fine increases by 1 thousand rubles).
From 60 to 80.	Part 4 Art. 12.9 (Part 7, Article 12.9).	From 2 thousand rubles to 2.5 thousand rubles, deprivation of the right to drive a vehicle from 4 months to six months (for a repeated violation for a year).
More than 80.	Part 5 Art. 12.9 (Part 7, Article 12.9).	5 thousand rubles, deprivation of the right to drive a vehicle for six months (for a repeated violation for a year).

For what excess is it deprived?

Article 12.9 of the Code of Administrative Offenses of the Russian Federation is responsible for liability for violations of the speed limit. It is divided into parts, and each of them establishes a more severe sanction depending on the magnitude of the excess. And the gradation goes at 20 kilometers per hour.

In particular, you can lose your rights for the following parts.

Part 4: deprivation of rights for a period of 4 months to six months will be imposed if you exceeded the speed limit by 60-80 km/h.
Part 5: for exceeding more than 80 km/h, you are deprived of time for six months without the possibility of the court choosing a term from a range of possible ones.
Part 7 provides for liability for repeated violation of Part 5 within a year (but this year must be counted correctly - we will explain how below) in the form of deprivation of rights for 1 year.

Meanwhile, all the specified norms of Article 12.9 of the Code provide for such a strict punishment, not without alternative. All of them carry a possible “fork” of liability: either a fine or deprivation of a driver’s license. Below we will find out what the punishment will depend on specifically in your case.

In the meantime, let's look at what alternatives there may be.
Deprivation of license and fine as an alternative for speeding

Overspeed amount	Period of deprivation of rights	Alternative fine amount
Part 4: at 60-80 km/h	4-6 months	2,000 – 2,500 rubles
Part 5: over 80 km/h	6 months	5,000 rubles
Part 7: repeated excess of more than 80 km/h	1 year	5,000 rubles

And now the main thing! Parts 4 and 5 provide for a range of sanctions, the final of which is assigned by the court at its discretion, depending on the factors of the driver’s violation. But under Part 7, the alternative is quite conditional - if you are stopped by an inspector on the road, then you will only be deprived of your license for a year. And an alternative fine is prescribed in the law in case of automatic registration of this violation. That is, if you are recorded by a camera, there will be a fine of 5 thousand rubles.

Expert opinion

Yuri Panchenko

Driving instructor, human rights activist, author of books. 10 years of experience.

It is worth mentioning the error of the instruments. It must be taken into account when calculating the speed at which drivers are held accountable.

The minimum fine is 500 rubles under Part 2 of Art. 12.19 of the Code of Administrative Offenses is imposed when the speed is exceeded by 21 km/h. Minimum error +/- 1 km/h. In total, to be punished, the speed limit must be at least 22 km/h higher than the permitted limit. If we talk about movement in a populated area, then for punishment under Part 2 of Art. 12.19 of the Code of Administrative Offences, a speed of 82 km/h must be recorded.

The error for a particular device can range from 1 to 3 km/h. You can find it out from the “Certificate of Type Approval of Measuring Instruments”.

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Examples

You are driving along the highway at a speed of 153 km/h. This section of the road is not limited by speed limit signs. Then you will be given a deprivation of rights for a period of 4 months to six months, since the general limit is set at 90 km/h, and you exceeded this established limit by 63 km/h, which is subject to qualification under Part 4 of Article 12.9 of the Code.
You are driving a car at 169 km/h on a road in a city where a “40” sign indicates the appropriate speed limit. Then you exceeded by 129 km per hour, that is, you are subject to liability under Part 5.
However, in the second example, the inspector on the road, as well as the TsAFAP cameras, can check the database to see if you have been sentenced under Part 5 of Article 12.9 previously. If you have been charged under this standard within a year, then a sanction will follow under Part 7 for repeated speeding with deprivation of your license for 1 year.

How to count repetition?

We wrote above that the first violation should have occurred within a year before. But this is conditional, and this period must be considered correctly.

The fact is that the start of the period is not the fact of violating traffic rules, but the execution of the punishment. Let's look at these subtleties in legislative order.

In general, the Administrative Code does not define a repeat violation anywhere, and it will be difficult for you to understand this subtlety on your own.
But in the Code of Administrative Offenses there is a concept of being subject to punishment in Article 4.6, which states that its duration is from the date the resolution enters into force and for another year after its execution. It is during this period that a more severe sanction with deprivation can be imposed for a repeated violation of traffic rules.
It remains to find out what “execution” of punishment is. This is nothing more than the payment of a fine, if one was imposed, the expiration of the period of deprivation or administrative arrest. This definition is also not in the Code. But a whole section is devoted to it, from where you can understand this.

Thus, your license may be deprived for 1 year if, before this violation, you were already caught exceeding the speed limit by more than 80 km/h and one year has not passed since the date when you fully paid the fine for the first sanction, or if there was deprivation was imposed, a year has not elapsed from the date of return of the driver’s license.

Let's look at an example again. Let’s say that on March 1 of last year you were “caught” by a video recording camera exceeding 105 km/h, as a result of which you were fined 5,000 rubles. You received a copy of the resolution on March 14. Therefore, from March 25 it is considered to have come into force, and you are subject to punishment. You paid this debt on April 1 last year. Then, from March 25 last until April 2, 2021, you are considered subject to punishment - the period during which you can be held accountable for a repeat violation.

In the same example, if for the first time you were sentenced to deprivation of rights for six months, and the decision came into force on the same March 25, then the period of exposure will last even longer - until September 26, 2021 (that is, a total of 1.5 years). Because you have a term of imprisonment equal to six months and plus another 1 year after the execution of this punishment. And this is also provided that you handed over your driver’s license to the traffic police on time, otherwise the period of deprivation may be interrupted.

For what speed can only a traffic police fine be issued?

Meanwhile, deprivation of a driver's license cannot be applied when imposing a sanction within the limits of parts 2-3 and 6 of Article 12.9 of the Code of Administrative Offenses. This is driving at a speed higher than the permitted speed by more than 20 km/h and no more than 60 km/h, including repeated violations similar to those described above.

In these cases, you can only expect fines in the following amounts:

500 rubles for part 2 for exceeding 20-40 km/h,
1-1.5 thousand rubles for part 3, if you exceeded by 40-60 km/h,
and part 6 establishes a fine of 2,000 to 2,500 rubles for a repeated violation for which you were previously prosecuted under part 3 of this article.

Can your driving license be revoked for speeding on camera?

Cameras for automatic recording were introduced at the beginning of this century. Despite the fact that technologically they are developing quite slowly, such devices now help law enforcement officers to identify a wide variety of violations.

The bulk of the offenses recorded in 2021 are related to speeding.

For your information

The peculiarity of recording speeding on a camera is such that when using it there is no need to draw up a protocol. The decision to impose punishment is established immediately, after which it is sent to the address of the guilty person.

However, such automation imposes certain limitations:

If speeding was detected by cameras, then in 2021 only a fine may be collected. In other words, deprivation of rights, involvement in compulsory or forced labor is unacceptable in this way.
If the provisions of the Code of Administrative Offenses of the Russian Federation provide for a range of fines, then the amount of the penalty is assigned according to the lower limit.
If the speeding recorded by the camera falls under an article that only contains deprivation of rights as a punishment, then instead of confiscation of the driver’s license, the citizen will be fined in the amount of 5 thousand rubles.

IMPORTANT
All of the above items apply only to automatic fixation cameras. When a violation of the law is detected by a traffic police officer using a regular video camera, the standard procedure applies.

City speed limits

These standards are prescribed for all roads within a populated area:

20 km/h – this speed must be maintained when driving in a residential area;
50 km/h - for towing a motor vehicle
60 km/h – this speed is generally set for all vehicles.

As you can see, low speed is allowed for roads inside a certain populated area. This is related to safety, because on such roads there are a large number of vehicles, many pedestrians, and complex intersections at the same time. Also in cities there is limited visibility due to the many buildings and structures. With a limit of 60 km/h, the car owner has the ability to control the road and can avoid a possible collision.

Important clarification. Many drivers have misconceptions about the maximum city driving limit. Thus, car owners believe that they can drive at a speed of 80 km/h, but not 60. This fact is explained by the fact that penalties are applied only when the speed is exceeded above 80. This is absolutely incorrect. In the event of a possible accident, if one of the participants exceeded the speed, for example, up to 62 km/h, his car will be considered the culprit (if the second participant is at fault, one of the culprits). Then he will be the one who will pay for the restoration of someone else’s car.

Procedure for deprivation of driver's license

Since 2013, traffic police officers do not have the right to independently confiscate driver’s licenses from car owners who have violated the law. This can only be done in court. Taking into account this fact, the procedure for depriving the right to drive a vehicle for speeding in 2021 is carried out in the following order:

An authorized civil service employee records the fact of committing an administrative offense by stopping a vehicle to file claims for non-compliance with the speed limit.
A protocol on the administrative offense is drawn up on the spot. The driver must read it and sign it. If there are violations of the rules of procedure, this fact should be indicated in the document.
The protocol is sent to the traffic police, where the case is formed.
A package of documents is submitted to the courts for a trial and a ruling.
The court reviews the case and determines the appropriate decision, a copy of which the driver receives.
If you disagree with the results of the proceedings, you must submit a claim to the same court within 10 days.
If there are no complaints about the activities of government officials, the violator must appear at the traffic police department within three days to hand over a driver’s license. From this day the established period of deprivation of rights for speeding begins to expire.

Attention:
If a person appears after 3 days have expired, he will additionally need to write an explanatory note about the reasons for the violation of the deadlines. However, administrative liability is not provided in this case.

A fine or deprivation of a driver’s license – what will they give me?

We indicated above that this depends on the official or judge considering the case based on all the circumstances of the case. But what kind of circumstances are these?

We are talking about factors that can mitigate punishment, as well as factors that aggravate them. Accordingly, they are regulated by Articles 4.2 and 4.3 of the Code of Administrative Offences, the former increase the likelihood of imposing a fine as a milder punishment, and the latter reduce this likelihood.

We are talking about cases where, for example, you do not admit guilt, do not repent, or an accident occurred as a result of speeding (that is, the violation had consequences) and other aggravating criteria. And also, on the contrary, your repentance, as well as the commission of a violation by a minor, a pregnant woman, and so on.

But there is one more factor - the most important one when making a decision by the body considering your case. This is the homogeneity of the violation. Simply put, if earlier during the year you already had traffic police fines - even paid ones and even under other articles of Chapter 12 of the Administrative Code, then the risk of getting deprived increases.

Disqualification period for speeding in 2021

The period of deprivation of driving privileges for failure to comply with the speed limit on the road is established depending on the severity of the offense committed:

if an excess of 60 km/h to 80 km/h was recorded - for a period of 4 months to six months;
more than 80 km/h – for a period of six months;
in case of repeated commission of these offenses - for a period of up to 12 months.

Additionally, the driver will have to pay an administrative fine in the prescribed amount.

What are the speed limits?

Russian regulations have fairly detailed speed limits for the movement of any vehicle. They operate inside and outside a certain locality. Thus, there are legally established and maximum permissible restrictions, by conscientiously observing which you can avoid such an unpleasant consequence as deprivation of your license for speeding.

Speed limit on the roads of the Russian Federation according to the Traffic Rules

Vehicles	Locality	Outside the populated area	Motorway	Living sector
Cars	60	90	110	20
Passenger cars with trailer	60	70	90	20
Category B trucks	60	90	110	20
Category C trucks	60	70	90	20
Trucks with people in the back	60	60	60	20
Motorcycles	60	90	110	20
Intercity buses	60	90	90	20
Small buses	60	90	90	20
Other buses	60	70	90	20
Buses for organized transportation of children	60	60	60	20
When towing mechanical vehicles	50	50	50	20

For certain populated areas, the Traffic Rules (clause 10.2, notes to 10.3) allow for the possibility of exceeding the permissible speed limit.

In some localities, according to clause 10.2 of the traffic rules, the maximum permissible value may be increased:

Information on permissible excesses of the established speed limit is published in the note to clause 10.3 of the traffic rules:

For speeding, deprivation of rights takes place, even if it happened for the first time. This practice is used when the circumstances surrounding the violation cannot be considered mitigating. More precisely, a primary violation of the speed limit under aggravating circumstances is a serious threat for a motorist to lose his driver’s license. In order to protect themselves from even the minimum possible penalties, all drivers need to have an understanding of the legislation and have a good knowledge of speed limits and permitted deviations. Moreover, this applies in detail to different vehicles and different road sections.

Is there a discount for speeding fines?

The possibility of repaying a fine with a 50% discount was established by the Government of the Russian Federation in 2021 in order to encourage negligent car owners to promptly pay the imposed penalty - in order to take advantage of the privilege, the corresponding amount must be paid within 20 days after the citizen receives the decision.

Additionally, certain restrictions must be taken into account - in 2021, not every fine is eligible for a discount.

Attention

If you repeatedly violate the speed limit in 2021 by a value exceeding 40 kilometers (Article 12.9, Parts 6 and 7 of the Administrative Code of the Russian Federation) per hour, you will not be able to exercise the right to preferential payment (Article 32.2, Part 1.3).

Also, you will not be able to take advantage of the preference if the driver has applied for a deferment or installment plan to repay the penalty.

How to officially record speeding

Practice shows that the fact of speeding is recorded in two ways:

directly by traffic police officers manually;
using video cameras.

Radar

One of the well-known methods for detecting and recording speed violations is radar. This device is familiar to drivers; radars are divided into mobile and stationary. Mobile devices are often used by traffic police officers to measure traffic speeds on a certain part of the road. Let's say the excess is recorded using a mobile radar. If the driver admits his guilt, the inspector draws up a protocol, which is the basis for collecting an administrative fine.

If the car owner does not agree with the radar indicators, the traffic inspector also draws up a protocol and sends it to the traffic police - if the violation is limited only to a fine; or to the judicial service - if there is a threat of deprivation of rights.

Stationary radar

Fixed radars are often installed in heavy traffic areas. These devices, based on special designs, are capable of automatically detecting violations: regular speeding, driving into a designated lane, and others. Such cameras are equipped with photo and video recording functions and a system for identifying the license plates of the “offending” vehicle. The radars constantly maintain contact with the traffic police post or the traffic police information center. The stationary complex is capable of recognizing a car moving at excessive speed, photographing it, and identifying license plates. Then, using the numbers, the device finds the owner of the car and generates a document about the offense.

It is worth noting the following. The automatic system determines the punishment against the car owner. It does not matter who was actually driving at the time of the traffic violation. This means that fines for speeding based on photographic documents will be sent to the owner of the vehicle. In a situation where the owner was not driving and received a fine, it is necessary to pay attention to the rules of the law.

Appeal against deprivation of driving license for speeding

Deprivation of a driver's license for speeding in 2021 can be appealed in almost every case - especially important if the citizen is completely confident that he is right. It is obvious that employees of the state road safety inspection do not always strictly follow the established regulations for identifying offenses and imposing appropriate punishment.

The practice is that ordinary drivers have repeatedly noted cases of government officials exceeding their authority.

As initial arguments for building your own position in relation to the prescribed measure of deprivation of driving license for speeding in 2021, the following options can be distinguished:

the administrative violation protocol was drawn up with errors;
technical devices that measure speed are faulty or have significant errors in operation;
An obvious glitch was noticed in the system for automatically recording offenses on road sections.

The most common argument is the instrument error option, which takes into account speed. According to official standards, the generally accepted error is set at 1 km/h.

For example, a traffic police inspector stopped a vehicle for violating the speed limit. At the same time, the detected speed of movement was 121 km/h, while the permitted speed was determined to be 60 km/h. Taking into account the provisions of the Code of Administrative Offenses of the Russian Federation, the excess is more than 60 km/h, which implies deprivation of the right to drive a vehicle for a period of 4 to 6 months.

However, this instrument of punishment can be avoided in 2021 if you file a claim in court with reference to Part 4 of Art. 1.5 of the Code of Administrative Offenses of the Russian Federation, according to which any doubts about establishing the degree of seriousness of the offense should be interpreted in favor of the citizen.

Taking into account this article, as well as the error rate, the court may decide to reduce the set speed to 120 km/h. Thus, the citizen’s actions will be considered under “softer” regulations - he can avoid deprivation of his driver’s license by paying only a small fine to the traffic police.

Additionally, you can appeal the decision to deprive your driver’s license in 2021 if:

the traffic police inspector did not introduce himself or provide identification;
a civil service employee refused to issue documents confirming the serviceability of the speed measuring device, the established error, and other information characterizing the technical condition of the radar;
the authorized person withheld information about the device readings.

The procedure for filing a claim based on the issued protocol on the confiscation of a driver’s license should be initiated with the traffic police. If the document was drawn up by an inspector, then to appeal you will need to send a request either to his immediate management or to higher authorities.

Appealing the deprivation of a driver's license for speeding to the traffic police is a pre-trial method of resolving the conflict. They resort to it quite rarely due to its extremely low effectiveness - most complaints are simply not considered. And if they are accepted, then they are later put on the back burner.

But experts still recommend using this option initially. If no results were received within the 30 days allotted by law for consideration of the claim, or the authorized persons sent a refusal to satisfy the application, then it is worth submitting an application to the branch of the district court at the place where the case of the offense was considered - in accordance with Part 1 of Art. 30.5 of the Code of Administrative Offenses of the Russian Federation, the period for making a decision is increased to 2 months.

During the proceedings, all the arguments mentioned above should be presented. It is also possible to ask the court to mitigate the punishment due to personal circumstances. For example, using a car is the only source of income for a family, so deprivation of rights can be critical not only for the citizen himself, but also for his minor children.

To do this, you will need to fill out an appropriate petition for inclusion in the case.

IMPORTANT

Art. 30.3 of the Code of Administrative Offenses of the Russian Federation establishes a period during which a decision on an administrative offense can be appealed. It is 10 days after purchasing a copy of the document.

If you miss the deadline, then restoring it to protect your own rights and interests will be quite problematic.

How to avoid liability for excess?

The easiest and also legal way is to carefully comply with the requirements for the maximum permitted speed. Compliance with the speed limit significantly reduces the risk of accidents and reduces their consequences. But there are other ways.

Many car owners who drive their cars on the same roads every day are well aware of the locations of automatic recording cameras or possible locations of traffic police posts. In front of these places, you can specially slow down, thus driving through “dangerous” sections of the road. However, at high speeds, which provide for the most severe punishments, it is quite difficult to slow down in a timely and accurate manner.

You can also use a special car radar detector, which helps to timely detect the location of mobile or stationary radars, including hand-held ones. It is with the help of these devices that traffic police officers determine the speed of vehicles. Radars are now being built into road cameras for automatically recording offenses.

There are also illegal ways to avoid punishment for speeding - hiding car registration plates (covering them with tape or reflective film, damaging them). However, their use is strongly discouraged. For this, on the basis of Art. 12.2 of the Code of Administrative Offenses of the Russian Federation already imposes a separate punishment. For violating the rules for installing state license plates, not only a fine is imposed, but in some cases, the driver’s license is confiscated for a period of 6 months to 1 year.

Obtaining a driver's license after deprivation

To purchase a driver's license after the expiration of the penalty period due to exceeding the speed limit, in 2021 you must follow certain instructions:

Visit the traffic police department.
Submit a passport of a citizen of the Russian Federation and a copy of the resolution in accordance with which the driver was subject to penalties.
Pass an exam on your knowledge of traffic rules.
Pay off all existing fines and debts.
If there are no complaints from authorized structures, receive the documents back.

For your information,
a relatively recent innovation is the need to pass an exam. It is conducted as a test, and the number of questions is 20. The permissible number of errors is 2; for each incorrect answer, the examinee must answer 5 additional questions. The time to take the test does not exceed 20 minutes.

Speed limit when driving in the city, in the yard and on the highway

Not all drivers know about the permissible maximum speed on different sections of the road. This also applies to drivers who have extensive experience.

Remember! In the city, the available speed limit may vary. Therefore, the amount of the fine depends on the location of the violation and the speed exceeded.

The permitted maximum speed on the roads is 130 km/h. But this indicator is only allowed for highways, which are extremely rare. And to see such a sign there is even more rare. The current traffic regulations indicate the maximum speed at which a car can travel within city limits is 60 km/h.

Country roads allow you to travel at a speed of 90 km/h. But this does not mean that you can always drive at this speed. Each sign has its own coverage area. When considering a car accident case, the other person must not be at fault. To avoid deprivation of your license for speeding, you should not neglect the rules.

It is not always allowed to drive 60 km/h in the city. Towing the vehicle does not allow driving at this speed. For this purpose the indicator is 50 km/h. both in the city and on other roads.

The installed sign located on the road, 3.24, has a restriction. It shows the maximum speed that should not be exceeded and at which the driver is allowed to move. If such a sign is installed on the road, then you must adhere to the speed indicated on the sign. It cannot be exceeded.

In some cities you can see a sign with a limit of 90 km/h. Most people think this is a mistake? No, there is no mistake in this sign. This is the maximum speed in the city. State bodies The authorities decided on the safety of this section of the road in the city.

Deprivation of a driver's license for speeding will not happen only when the driver pays due attention to all signs. You must always adhere to the speed indicated on the sign.

Remember! On highways, along with the radar error, the maximum speed is 120 km/h, so you cannot exceed this mark; a fine is not issued for a slight excess.

Yard territory and restrictions

In residential areas there is a maximum marked speed that must not be exceeded. This restriction also applies to courtyards - 20 km/h.

The speed limit is set to prevent accidents. Such a law was not issued in any way to restrict the driver in any way. Thus, the driver himself is protected from prison. In the absence of a speed limit, an accident may result in the death of a person. According to the law, the culprit is sentenced to five years in prison. If the speed is not high and all restrictions are observed, the consequences of an accident may not bring too serious consequences.

Legal assistance in case of revocation of a driver's license. Read about fines for running a red light here.

For help in returning your rights, read the link:

A bill to revoke a driver's license for any three speeding violations

At the beginning of 2021, many car owners received quite disturbing information - the Government plans to introduce an additional article 12.38 in the Code of Administrative Offenses of the Russian Federation, providing for the deprivation of the right to drive a vehicle for committing three offenses.

However, the bill under discussion is relevant only in relation to certain penalties. Thus, its content applies to cases where the driver was held liable for violating the speed limit by more than 40 km/h.

The initiative under consideration was never adopted. Whether it will be implemented in the future is a rather “foggy” question, because the bill was discussed back in 2021, but was never put into effect.

Adopted restrictions for the highway

For your information: a motorway is a type of road where the highest (within the law) speed of traffic is allowed. In numbers it looks like this:

50 km/h – for towing a motor vehicle;
60 km/h – set for trucks if there are people in the back. Also for buses with children when transporting them in an organized manner;
90 km/h is the norm for passenger cars with trailers, buses, and category C trucks;
110 km/h - the highest figure is set for motorcycles, cars, and category B trucks.