Not for everyone, deprivation of a license is a good reason to become a pedestrian or sit in a passenger seat. Such disregard for the rules will not affect the life of the deprived person in any way until he meets traffic police officers, and driving without a license after deprivation will result in unpleasant consequences.
In Russia, anyone can get a driving license if they undergo training and pass an exam. Revocation of a driver's license is considered a serious violation, which can be either temporary or lifelong. If it so happens that the driver’s driving license was taken away, but for some reason he continued to drive the car, he faces a more severe punishment.
Punishment for driving without a license after deprivation
Not a single meeting between the driver and the traffic police is complete without the inspector demanding to present a driver’s license and other required documents. If during the inspection of the driver's license it is found that the citizen's lack of rights is a consequence of a court hearing on deprivation of a driver's license, the violator faces one of the penalties specified in Part 2 of Article 12.7 of the Code of Administrative Offenses of the Russian Federation:
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- payment of an administrative fine - 30 thousand rubles;
- application of administrative arrest for up to 15 days, except for citizens to whom arrest cannot be applied (Article 3.9 of the Code of Administrative Offenses of the Russian Federation);
- from 100 to 200 hours of corrective labor.
The decision to impose a particular punishment on the offender is made by the court and depends on a number of factors. In addition, the imposition of a new punishment does not cancel the previous one associated with deprivation of rights.
A citizen deprived of his rights is removed from driving a vehicle at the moment a violation is detected and his car is sent to an impound lot. Only citizens with a valid driver's license, whose details are indicated in the insurance, have the right to drive a car from the parking lot. The car can be picked up only after paying the costs for the tow truck and the hourly rate for the safety of the car.
The deadline has passed: is it legal to drive the vehicle?
You can't, since you haven't received them yet. It is important not only to regain the legal right to drive a car, it is also important to receive a document about this very right - and this is precisely the certificate. And its absence is an offense in itself.
So the fact that your period of forced “pedestrianism” has expired is not all.
You need to pick up your driver's card and only after that you can get behind the wheel.
In any case, whether your rights are legally limited or not, if you do not have this document in your hands, you cannot drive a car. The Code of Administrative Offenses speaks about this (Article 12.3. Part 1). True, the punishment faced is relatively small - they will wag their finger at you, and a maximum fine of five hundred rubles.
If you haven't passed your driver's license
It is forbidden. Even if you are “lucky” and the court ruling does not include the phrase about the need to hand over your driver’s card to the traffic police and you took advantage of this, this does not mean that everything is over. On the contrary, everything is just beginning and it is in your interests to go and pass your driver’s license as quickly as possible. The fact is that the period is counted from the moment your card is accepted by the traffic police.
Of course, there have been and will be people hoping for “luck” - only if you are stopped, which is quite possible, and they will also run through the database (which is also quite possible), and then find out what punishment they have given you.
This will result in liability under Article 12.7 of the Administrative Code. And this is either a fine of 30 thousand rubles, or arrest for 15 days, or compulsory work of up to two hundred hours.
Honest legal ways to avoid punishment
But what if you were deprived of your rights and the lawyer honestly told you that it would be impossible to avoid punishment? After all, it also happens that four wheels are needed like air. There is a way out and it does not lie in violating the current legislation.
There can only be one trick here - if you don’t agree with the deprivation, hire a lawyer and challenge it. Under no circumstances should you drive without a license - after all, the fact that a person is determined to look for loopholes indicates to a certain extent that he is not particularly inclined to change his behavior.
And then the matter may be limited to not just crossing a “double line”, but also a pedestrian being hit. And in this case, you can no longer get off with an article about an administrative offense - this is a criminal case and possibly prison.
Don't be too zealous about delaying the proceedings.
Yes, on the one hand, this increases the validity period of the temporary document; it will end with the court’s decision. However, the time during which you will be deprived of the treasured “crust” also increases.
You also need to remember this if you decide not to submit your certificate.
Remember
, that the countdown begins from the day the “crust” is submitted to the traffic police, and not from the date the court decision is issued!
Responsibility for driving without a license after deprivation
Determining the responsibility of a citizen who has previously lost his driver's license occurs without taking into account the reasons that prompted him to intentionally or forced to drive a car again. The driver’s actions depend on the severity of the violation and may fall under administrative or criminal law.
Driving without a license after deprivation is considered within the framework of administrative legislation, unless circumstances aggravating the offender’s act are identified, which include:
- violation of traffic rules by a drunk person;
- harm to the health of pedestrians or road users;
- committing acts through negligence that resulted in the death of citizens.
In the listed cases, the measures established in Article 264.1 of the Criminal Code of the Russian Federation are applied to the driver.
Actions to take if stopped for driving without a driver's license
If illegal driving cannot be avoided due to various circumstances (for example, work, a remote place of residence, other emergency situations), you need to understand that sooner or later the driver will be stopped for driving without a license. All important circumstances for the driver are absolutely indifferent to the court, and the offender cannot count on court leniency and a lighter punishment.
A driver who is illegally in the driver's seat and stopped by a traffic police inspector for driving without a license after being revoked must follow some unspoken rules:
- show calm and do not provoke a conflict with the traffic police, all your actions will be recorded in the protocol and may affect the court’s decision;
- do not interfere with the actions of traffic police officers when towing a car, better find out the address of the impound lot and think about who can pick up the car from there;
- do not shy away from taking an alcohol test and medical examination, especially if you have not consumed alcohol, otherwise your actions will be regarded as an attempt to hide the fact of drunk driving;
- do not try to “negotiate” with an authorized person; offering a bribe to an official is a criminal offense;
- after drawing up the protocol, read the contents and take a copy;
- If possible, hire a private lawyer or use the services of a public defender.
Awareness of the inevitability of punishment sometimes pushes drivers to illegal actions that further aggravate their situation (escape, fight with traffic police officers, insult, damage to property, refusal of an alcohol test, etc.).
Some cunning citizens, not wanting to change the status of a driver to the status of a passenger, use various tricks to avoid punishment for driving a vehicle after deprivation of a license. For example, driving only in the left lane, strictly following traffic rules, maintaining the car in good repair and cleanliness, no tinting, etc. Particularly fearless violators try to deceive traffic police officers by presenting them with a fake driver's license.
If a driver who has been deprived of his driver’s license is injured in an accident
If an individual was deprived of his license, got behind the wheel and, through his own fault, got into an emergency situation, then in 2021 the following consequences will occur for the culprit:
- upon arrival of authorized police officers, several reports will be drawn up against the culprit (details below);
- if there is a valid auto insurance policy, then the perpetrator’s insurer will compensate the victim for the damage, but then in court will recover the entire paid amount from the tortfeasor as a recourse claim (clause “c” of Part 1 of Article 14 of the Federal Law No. 40 of April 25, 2002 “On mandatory…”, hereinafter referred to as Federal Law No. 40);
- if there is no MTPL policy, or it is expired (invalid), then the driver driving without a license after deprivation is obliged to compensate for the damage in accordance with civil law (Part 6, Article 4 of Federal Law No. 40).
Protocols that will be drawn up in case of driving without a license after deprivation in 2021:
- according to part 2 stat. 12.7. Code;
- about removal from control, about detention of a vehicle;
- for the traffic violation that resulted in the accident;
- in the absence of a compulsory motor liability insurance policy, a resolution is also drawn up (without drawing up a protocol) under Part 2 of Art. 12.37. Code for failure to fulfill the obligation to provide compulsory liability insurance (fine – 800 rubles);
- and if the culprit has not yet fulfilled the requirements that need to be fulfilled in connection with the accident (for example, he did not display an emergency stop sign), then he will additionally be held accountable under Part 1 of Art. 12.27. with the imposition of an administrative fine of 1000 rubles.
Driving with a fake license after being revoked
Forgery of documents in Russia is strictly punishable by law, and a driver’s license is an official document confirming a citizen’s ability to drive a vehicle. Of course, the level of modern printing is now so high that it is very difficult to determine at first glance that this is a fake driver’s license. But you should not rely on the unprofessionalism or inattention of traffic police officers; detection of falsification of rights after deprivation entails administrative (according to Article 12.7 of the Code of Administrative Offenses of the Russian Federation) and criminal punishment (Article 327 part 3 of the Criminal Code of the Russian Federation), providing for the use of the following measures:
- payment of a fine - 80,000 rubles;
- imprisonment for up to six months;
- 480 hours of correctional labor.
Driving while drunk
According to statistics, alcohol is one of the most common causes of road accidents. While driving while drunk, the driver puts his life and the lives of citizens in danger. And a driver who has already lost the right to drive a vehicle and continues not only to drive, but also to drive drunk, creates a double threat. Based on the results of the medical examination, the court may impose on the driver the punishment established in Part 3 of Article 12.8 of the Code of Administrative Offenses of the Russian Federation - arrest (up to 15 days) or a fine (30,000 rubles).
Driving without a license after being disqualified while drunk again
The situation is much more serious when the driver has already been caught driving while drunk once, but even after the application of administrative punishment continues to drive after drinking alcohol. In these circumstances, the judge, relying on Article 264.1 of the Criminal Code of the Russian Federation, can pass a sentence indicating the application of punishment, namely:
- collection of a fine in the amount of 200 to 300 thousand rubles;
- restriction on employment in certain specialties for a period of up to 3 years;
- assignment of forced labor to the perpetrator (up to 2 years);
- imprisonment for 2 years.
Punishments can be applied to the offender in various combinations established by law.
For what offenses can a car owner lose his license?
Initially, you need to deal with situations where deprivation of rights is used as a punishment for various violations.
These cases include:
- using a vehicle without signs, and punishment is used even if there are signs, but they are attached incorrectly;
- use of red light for headlights;
- driving a car in the opposite direction on a one-way road;
- oncoming traffic on tram tracks;
- speeding, and it is important that the speed differs by 60 km/h from the permitted value;
- providing a car to a person who is drunk or does not have a driver’s license;
- driving a car while drunk or under the influence of drugs;
What is the penalty for driving while intoxicated? How long does it take to remove alcohol from the blood? Read the link.
- using alcohol or drugs after an accident;
- refusal to undergo examination after an accident.
What are the main causes of road accidents? Read preventive measures here.
Important! Some of the above cases may result in the accrual of fines, and not deprivation of rights, however, only if they are primary, and the amount of the fine will vary from 5 thousand rubles. up to 15 thousand rubles.
Legislation regarding driving without documents
The Code of Administrative Offenses has quite a few articles related to situations where drivers may be deprived of their rights. In Art. 12.7 provides information that this method of punishment is certainly used in situations:
- the driver uses the car while intoxicated;
- refusal of examination;
- serious traffic violation associated with driving in the oncoming lane or significantly exceeding the speed limit.
Article 12.7. Driving a vehicle by a driver who does not have the right to drive a vehicle
1. Driving a vehicle by a driver who does not have the right to drive a vehicle (except for instructional driving) shall entail the imposition of an administrative fine in the amount of five thousand to fifteen thousand rubles.
2. Driving a vehicle by a driver deprived of the right to drive vehicles shall entail the imposition of an administrative fine in the amount of thirty thousand rubles, or administrative arrest for a term of up to fifteen days, or compulsory labor for a period of one hundred to two hundred hours.
3. Transferring control of a vehicle to a person who obviously does not have the right to drive a vehicle (except for training driving) or who has been deprived of such a right - entails the imposition of an administrative fine in the amount of thirty thousand rubles.
Important! If a person has already been deprived of his license, then he cannot use a car, and if he still gets behind the wheel, this will lead to the accrual of a significant fine or an increase in the period of deprivation of documents.
Driving without a license after being arrested while drunk in someone else's car
Driving behind the wheel of a driver who has been deprived of a driver's license, while drunk, and, even worse, in someone else's car entails sanctions against both the driver and the owner of the car. A driver deprived of his license will face punishment in accordance with Part 3.Article 12.8 of the Code of Administrative Offenses of the Russian Federation and in addition he must pay a fine established by the court - from 15 to 30 thousand rubles . For the owner of the car, the amount will be 30,000 rubles .
Cases where the owner of the car issued a power of attorney for the driver before the deprivation of his license and was not subsequently informed about the loss of the right to drive are considered by the court on an individual basis.
In what cases will the traffic police not return the certificate after deprivation of rights?
To return your license at the end of the deprivation of rights, three important conditions must be met. Otherwise, the plastic driver’s license will remain stored at the traffic police department, and you will not get it back.
Let's consider in what cases they will not give you back your credit card.
I did not pass the traffic rules exam
The first and main condition that must be fulfilled is retaking the traffic rules theory. This condition is enshrined in Part 4.1 of Art. 32.6 Code of Administrative Offenses of the Russian Federation.
The test for knowledge of the Traffic Rules takes place at the traffic police department where your license is stored (even if the department is in another city).
Testing knowledge in the form of testing. The test consists of 20 questions based on the categories you have (for example, B only, or B and C). You are allowed to make only 2 mistakes. If you make the third mistake, consider that you have failed the exam. You can take the test again, but not earlier than 7 days after the unsuccessful attempt. The number of attempts is unlimited, and the exam is free.
After you successfully pass the traffic theory theory, you will be given a certificate. With it, as well as with an application and other documents, you need to contact the traffic police to return your license. Although in practice a certificate is not needed - all information about testing is in the electronic database of the traffic police.
Didn't pay the fine
The second mandatory condition for returning the license after the expiration of the period of deprivation of rights is the payment of fines. Moreover, any, in accordance with Chapter 12 of the Code.
An employee of the license return department will open the traffic police electronic database and check whether you have any unpaid fines. If they are not available, and you have successfully passed the traffic rules knowledge test, then your license will be returned to you. If you have at least one unpaid fine, you will not be able to pick up your driver's license. At least until all debts are paid.
How to find out if there are fines:
- Check them in the official traffic police service.
- Moscow residents can check fines on the Moscow Mayor's website.
- Check the availability of enforcement proceedings in the FSSP service.
It happens that the paid fine hangs in the traffic police database, and you are denied the return of your license after the expiration of the deprivation period. In this case, you need to contact the traffic police department at your place of residence with the original or a copy of the receipt for payment of the fine. If you have not saved the paper receipt, contact the service you used to make the payment. Banks also issue documents confirming payment at the client’s request.
Didn't pass the medical examination
Not all cases of deprivation of rights require a mandatory medical examination. If your license was not taken away “for drunkenness” or for refusing to undergo a medical examination, then there is no need to run to doctors.
In other cases, you will have to undergo a medical examination and, based on the results of the examination, receive a conclusion in form 003-B/u. The medical certificate is valid for 12 months. Therefore, there is no point in going through doctors in advance, for example, if you only get your license after 1.5 years.
The driver needs to see several specialists: a therapist, an ophthalmologist, an ENT specialist, a narcologist, a psychiatrist and others. Including additional doctors, if one of the main specialists gives you a referral.
The medical examination for the return of a medical device is paid - on average, from 2,000 to 5,000 rubles.
You may not get your old rights back at all in two cases:
- If the traffic police disposed of them, this happens after 3 years from the date of handing over your license to the traffic police department, if during this time you still did not pick up your plastic driver’s license;
- If the 10-year validity period of the license has expired, the right to drive a vehicle is terminated and it must be restored by replacing the driver’s license (clause 9 of the Rules under RF Regulation No. 1191).
Therefore, in both cases, you will have to go through a paid medical examination again and take new photos on your medical record.
Driving without a driver's license after being seized by a drunk on a scooter
Sometimes a driver who has been disqualified from driving a car naively believes that he can replace the car with a two-wheeler and get a license for a scooter. However, the driver will not be able to obtain a new license for any mechanical vehicle until he returns the seized ones. According to the law, although a scooter belongs to the category of low-power vehicles, it can only be driven with an established license.
If the driver is deprived of the right to drive a scooter, and is then detained while drunk while driving, the same penalties will be applied to him as for driving a car while intoxicated - Article 12.7 and 12.8 of the Code of Administrative Offenses of the Russian Federation and Article 264.1 of the Criminal Code of the Russian Federation. Moreover, the driver’s license is confiscated for all vehicles, and not just for a scooter. If the scooter was driven by a minor teenager, the parents will have to bear the punishment instead.
Administrative, and even more so criminal, punishment not only entails significant costs, but also puts a stain on a citizen’s reputation, limiting employment opportunities, and in extreme cases, freedom. Before you take the driver's seat and press the gas pedal, evaluate the benefits of this trip and the possible consequences.
