Withdrawal of a driver's license: grounds and procedure. Art. 32.6 Code of Administrative Offenses of the Russian Federation. The procedure for executing a decision on deprivation of a special right

• September 7, 2018
• Administrative law
• Oksana Yatskevich

Registration of documents raises many questions among residents of the Russian Federation. Even more of them arise if certain papers are confiscated. By law, some civil documents can be confiscated for certain violations. Today we will be interested in the confiscation of a driver's license. What do you need to know about this operation? What tests should you prepare for? Is it even possible to deprive a person of a driver’s license? And if so, in what cases? Answers to the above questions will help the driver prepare for the consequences of some of his actions.

Can they pick it up?

The Code of Administrative Offenses is the main body of laws that we have to use today. It spells out the specifics of the withdrawal of special rights.

Can a driver's license be taken away in Russia? Yes, but only if there are compelling reasons. Moreover, law enforcement agencies will have to follow a certain procedure to bring the idea to life. You can’t just take away your “driver’s card.” And due to some changes in legislation, this procedure has become extremely difficult.

What is the sanction for?

Confiscation of a driver's license is a measure imposed for committing certain administrative violations. Usually we are talking about situations on the roads. That is, about violating traffic rules, but there are exceptions.

At the moment, a driver's license can be revoked for:

• driving a vehicle while intoxicated;
• going into oncoming traffic;
• significant speeding on the road;
• alimony debts;
• secondary traffic violation;
• lack of license plates on cars;
• causing harm in an accident.

Accordingly, if a person does not comply with traffic rules on the road, his driver’s license may be taken away. But this is not the simplest operation. It provides many features.

In what situations can an inspector take away a driver’s license?

The Code of Administrative Offenses of the Russian Federation states that withdrawal of rights is possible only in cases where the punishment for an offense committed by the driver provides for deprivation of a driver’s license for a certain period. A traffic police officer can take away a motorist’s license if:

• the driver violated the speed limit (exceeding the speed limit by more than 60 km/h);
• the car was driven by a person under the influence of alcohol;
• a move into the oncoming lane was made;
• additional equipment was installed on the car, which the motorist did not notify the relevant authorities about;
• priority was not given to special vehicles driving with the sound signal on;
• the car had no license plates;
• the driver left the scene of the accident;
• false license plates were installed on the vehicle;
• the driver is at fault for the accident resulting in injuries;
• the rule for crossing railway tracks was violated.

Can traffic police officers pick up a document?

Is it possible for a traffic police officer to confiscate a driver’s license? Previously, in Russia, your license could be taken away right on the road. But for some time now everything has changed. Now, as has already been said, the procedure for depriving of V/U causes a lot of trouble.

According to the new laws, traffic police officers cannot take away the driver’s license. Their powers are limited to drawing up a protocol on the violation, as well as filing a lawsuit with a request to confiscate the V/U. Therefore, the driver need not be afraid.

Moreover, you are allowed to use your “driver’s card” until the court ruling comes into force. We will talk about this in more detail below.

Why can a driver’s license be taken away in regions of the Russian Federation?

• Adygea (republic) Adygeisk
• Maykop
• village Takhtamukai
• Tula village
• Krasnogvardeyskoe village

How to collect “driver’s cards” - meeting with traffic police officers

According to the Code of Administrative Offenses, a driver’s license can be confiscated, but only if there are compelling reasons for doing so. Moreover, traffic police officers are not vested with the appropriate powers. Special rights under the new rules are selected by court decision.

What does the procedure for withdrawing a driver's license look like? When deprived of rights, traffic police officers must act as follows:

1. Stop the driver and conduct a check.
2. Draw up a protocol on the violation committed.
3. Write and file a claim for deprivation of rights.
4. Take part in the court hearing and present evidence of your position.
5. Receive a court order to deprive a driver of a license.

As a rule, compulsory confiscation of a driver’s license does not take place. If there is a court order, traffic police officers simply receive the right to store the relevant documentation in their possession, but nothing more.

Procedure for deprivation of rights

If an inspector has grounds for confiscating a device, he is obliged to act according to certain regulations in accordance with the norms of civil procedural legislation. Any deviations from the established procedure can be challenged by the driver in court.

The deprivation of rights process involves the following stages:

1. The inspector draws up a protocol. It must indicate which norm of the Code of Administrative Offenses was violated. Also, the traffic police officer must enter into the protocol the punishment provided for a specific offense. The document must be drawn up in the presence of two witnesses who sign it. If the driver has comments regarding the preparation of the protocol, he has the right to indicate his complaints in it.
2. Having confiscated a driver’s license, the inspector must issue him a temporary document. Based on this paper, the driver will be able to drive the vehicle until a court decision is made. If a judge deprives a citizen of his rights, he will be required to submit a temporary driving license.
3. The case is transferred to the administrative commission. She studies the circumstances of the offense, taking into account mitigating and aggravating factors. Next, a punishment is assigned that corresponds to the severity of the offense committed by the motorist. If the commission decides to fine the violator, an appropriate resolution is issued.
4. If deprivation of rights was chosen as an additional preventive measure, the case is transferred to the magistrate. He examines the submitted documents and makes a final decision.

Currently, physical IDs are being replaced with electronic ones. When all drivers become owners of such documents, the need to hand over their license to an inspector will automatically disappear. To deprive the driver's license, it will be enough to make the appropriate changes to the unified register.

Submission of the document

The procedure for executing a decision to deprive a special right usually requires responsible behavior of a negligent driver. Why?

The thing is that after the court allows the seizure of the “driver’s card”, the driver will have to independently contact the traffic police and submit the corresponding document. It is advisable to choose the State Traffic Inspectorate at your place of residence.

The guide to bringing your idea to life will look like this:

1. Take your passport, court decision and driver's license with you.
2. Contact the State Traffic Inspectorate with a decision from the judicial authority.
3. Write an application for passing the V/U. The petition is drawn up in two copies.
4. Give the documentation to authorized persons for signature.
5. Hand over your driver's license to the traffic police and pick up your copy of the protocol on the seizure of the “driver’s card”.

There is nothing incomprehensible or supernatural about this. The main thing is to act quickly. Otherwise, the driver may be fined for failure to comply with a court decision.

What will happen if you don’t give up your license?

If the driver does not surrender his license within the period established by law or does not write a statement about its loss within the same period, then the period of deprivation is interrupted. The interrupted period of deprivation of a special right continues from the day the person surrenders his driver’s license.

If a citizen who has not passed his driver’s license, being deprived of the right to drive a vehicle, gets behind the wheel again, he will be brought to administrative responsibility under Part 2 of Art. 12.7 Code of Administrative Offenses of the Russian Federation. In this case, the driver’s license will be forcibly confiscated, and the driver will be subject to a fine in the amount of 30,000 rubles, or arrest for up to fifteen days, or compulsory labor for a period of one hundred to two hundred hours.

The procedure for obtaining a driver's license is not clearly regulated. In order to avoid problems in the future, I recommend that when handing over your license to the traffic police department, you require documentary evidence of the fact of handing over.

There was a case in practice when the driver had to prove through the court that he had passed his license within the time limits established by law and the period of deprivation had expired. As it turned out, in addition to the fact that the information that they had handed over the certificate was not entered into the database, it was also lost. If the driver did not have a supporting document, it would be difficult for him to prove his case.

Deadline for delivery

We found out in what cases a driver's license is confiscated. And how this is done in general too. But what else is important to know?

For example, how much time is required by law to surrender your license after it has been revoked? This is an extremely important point. For untimely execution of a court order without compelling reasons, a citizen may be fined.

Only 3 days are given to surrender your license after it has been revoked. The countdown begins from the moment the court decision enters into force.

Important: if for one reason or another the driver cannot hand over the document, he needs to describe the situation and support it with documentary evidence when visiting the traffic police.

The right of the police to stop a car

As we know, the main task of police officers is to catch criminals and prevent criminal and administrative offenses.

The police have very broad powers in this matter. According to the Law “On the Police”, its ranks include district police officers, investigators, traffic police officers, SOBR and riot police. Of course, each unit has its own tasks, but all of their employees are police officers.

In accordance with the law, any police officer has the right to stop any vehicle to check documents. If you are stopped by a police officer who is not a traffic police officer, then most likely this is due to one of the following reasons:

• a special operation is being carried out nearby and all or most of the cars are being checked;
• a car similar to yours is listed as stolen;
• There has been some kind of emergency involving motor vehicles in your area.

If a police officer finds anything illegal in your car - weapons, explosives, drugs - he will take it away from you. Moreover, if something arouses suspicion because it looks like drugs or weapons, he can also take them away by drawing up a seizure protocol. Harmless items must be returned to you after inspection.

During the inspection of your car, any violations may be revealed: you are intoxicated, there is no first aid kit in the car, etc. In addition, a police officer on duty can stop a passing car for violating traffic rules.

If, purely by chance, he happens to have a protocol form for violating traffic rules with him, then he can also draw up a protocol himself; if not, then he should call the traffic police officers.

If the policeman did not show his ID or showed it but did not allow him to examine it carefully, you have the right to refuse to show him any of your documents and open the car.

If a police officer does not want to wait for his colleagues from the traffic police, he can offer you the following option: he takes your passport, you part ways, and then come at a convenient time to draw up a report and return the document. It is important to understand that such actions are not legal - you are not obliged to give your passport to anyone.

Bailiffs

Article 32.6 of the Code of Administrative Offenses of the Russian Federation states that a person can be deprived of a special right by a judge’s decision. After this, you will have to submit your license, permit or driver’s license to specialized services.

In some cases, bailiffs can deprive a license. This is usually a temporary measure that is imposed on the offender for certain offenses. For example, for having a child support debt.

If bailiffs revoke a driver's license, they must notify the driver in writing. Bailiffs do not directly confiscate a driver's license.

Important: it is considered that the driver was notified of the deprivation of his special right, even if he refused to accept the summons or notice from the postman.

What happens if you do not submit the document and continue to use it?

It happens that a driver who has been deprived of the right to drive a vehicle for a certain period of time by court does not surrender his license and continues to operate the car. In this case, at the very first traffic police post, where they check the documents against the database, this fact will be revealed.

Failure to comply with a court order is subject to an extension of the period of deprivation of the right to drive a vehicle and a fine of 30,000 rubles, as well as arrest for 15 days. Such measures help ensure that drivers independently hand over their licenses in the prescribed manner and do not shirk responsibility for the violation committed.

1

0

0

0

0

0

Illegal action

According to the Code of Administrative Offenses, the confiscation of a driver's license should be carried out only by court decision. We found out how this is done.

But what if a person was illegally deprived of the right to drive a vehicle? This also happens, especially if traffic police officers trust the “Safe City” type surveillance cameras.

Russia is a rule of law state. Here, violators have the right to defend their rights and point of view. Within 10 days from the date of adoption of a particular court decision, a person can appeal the decision.

Accordingly, if you manage to prove your innocence, the driver will not have to give up your driver’s license. If the document has already been confiscated, it will be returned ahead of schedule. The main thing is to have in hand a court order in the established form on the annulment of a previously made decision on deprivation of a license.

Driving license revocation procedure 2021

The period of deprivation begins 10 days after the decision enters into legal force, provided that this decision has not been appealed.

Note! If you do not agree with the traffic police inspector’s decision on a violation, do not put “agree” in the protocol! Otherwise, the likelihood of proving innocence in court is very small, even with a very good lawyer.

If you do not know how to avoid deprivation of rights, you should adhere to the following instructions:

1. Do not be rude and do not try to prove your innocence in a raised voice.
2. Voice constructive evidence of innocence , which the inspector will take into account.
3. Study the protocol carefully . Pay special attention to the violation presented.
4. Try to describe all the reasons that influenced the tort you committed . Here you can describe your complaints to the inspector.
5. Be sure to take a photo or video of your surroundings : record the position of the traffic police car. The presence of photo and video files, as well as witnesses, will greatly help during the trial of the case, so note this circumstance in an official document - the protocol.

Note! There is no statute of limitations for revocation of a driver's license. Therefore, if you deliberately avoid a court hearing and refuse to hand over documents, you may be assigned correctional labor, a fine, or even an increase in the period of deprivation of your driver's license. According to Art. 31.9 Code of Administrative Offenses of the Russian Federation .

Foreign citizens

Sometimes it turns out that foreigners violate traffic rules in Russia. Is it possible to confiscate a driver's license in this case?

Yes. It is important to understand that all the above principles will apply to a foreigner. In this case, the license is first taken away, then the place where the relevant rights are issued is notified about the event. Next, a mark indicating invalidity on the territory of the Russian Federation is affixed to the “driver’s card.”

In this case, the return of the V/U is carried out only if there is a court decision in the established form. If a foreigner leaves the country before the scheduled meeting, the license will be issued at the consulate.

New rules

Do they have the right to take away rights for certain violations? Yes, deprivation of a driver's license is a fairly serious and common sanction. The main thing is to operate on it correctly.

Recently, new rules for depriving driver’s licenses have been introduced in Russia. Now traffic police officers do not confiscate the relevant documentation. This is a matter for the judiciary.

Accordingly, the violator will be stopped, a report will be drawn up, and then sent to court. Until a court order is issued, a citizen can use his driver's license. This is a legal right.

Moreover, during the court hearings, everyone will have a chance to prove their innocence. It is possible that the mentioned documentation will not be taken away at all.

About returning a document

Article 32.6 of the Code of Administrative Offenses of the Russian Federation states that the traffic police stores driver’s licenses until the expiration of the court order. Then the driver will be able to pick them up. Only first you will have to pass exams on your knowledge of traffic rules. This operation involves a theoretical part without practice. You can sign up for the exam and pass it at the traffic police department.

There is no provision for early return of a “driver’s card” in Russia. This is only possible by appealing a court decision. Otherwise, you have to wait until the imposed restrictions on driving the vehicle expire.