How long is a driver’s license revoked and how is it calculated? What are the terms of deprivation of rights: maximum and minimum? According to Russian administrative law, deprivation of a driver's license is the most severe punishment imposed for the most serious offenses. Depending on the severity of the act, rights can be lost for a period of 1 month to 3 years (for driving while intoxicated, or for transferring control of the vehicle to a person who is intoxicated).
The most common questions asked by drivers whose licenses have been taken away are: “From when should the period of deprivation be counted?” and “When will the license be returned?”
At what point does the period of deprivation of rights begin?
In a situation where a driver is stopped by a traffic police officer, or when an accident occurs, according to the law, he draws up a protocol in which he indicates the act committed by the offender for violating traffic rules, and indicates the article of the Code of Administrative Offenses of the Russian Federation, which provides for liability.
The protocol drawn up by the police officer, with all the collected materials, is sent to the court at the place where the offense was committed within 3 days. Next, the judge sets a date for the hearing. As a general rule, with proper notification of the culprit, the judge can consider the case alone, without the presence of the driver.
Part 1 of Article 32.7 of the Code of Administrative Offenses of the Russian Federation states: “The period of deprivation of a driver’s license begins from the moment the relevant court decision enters into legal force.”
At the same time, if the driver does not agree with the decision, he has 10 days to appeal it in a higher court. (Part 1 of Article 30.3 of the Code of Administrative Offenses of the Russian Federation). If the deadline for appeal was missed for a valid reason, you should file a petition to renew the deadline.
Many drivers use this right, thus delaying the surrender of their license.
The complaint is submitted to the magistrate who made the decision, and is considered in the district/city court. Car owners often make the same mistake - they write a complaint in order to “just write”. But to effectively resolve the case in their favor, you should very carefully analyze the case materials, including procedural acts, and only then draw up a reasoned complaint.
The case is considered within 2 months, as a result of which the decision remains in force, is changed, or is canceled. In a situation where the decision of the magistrate does not change, the decision immediately comes into force.
If, in this case, you remain dissatisfied with the decision, then supervision remains - the regional court.
The deadline for contacting the supervisory authority is established by law. Therefore, if you missed the appeal period, you can safely contact the supervisor. The only thing is that during this period the decision of the magistrate will be considered to have entered into force and therefore you cannot drive a car.
Important!
In accordance with recent changes in laws, the driver must now independently surrender the license after the court decision enters into legal force. Previously, traffic police officers took away licenses at the scene of the offense.
In this case, the period is calculated only after the said decision comes into force and a copy is received by the person in respect of whom it was issued. Thus, the period of time given by law for appealing a decision postpones the sanction by another 10 days, if the driver was present at the court hearing and a copy of the decision was issued to him immediately. If a copy was sent to the driver by mail, then the period of deprivation may begin two weeks later, when a registered letter arrives.
It is also worth considering the fact that the driver, after receiving a copy of the court decision and its entry into legal force, is obliged to surrender his driver’s license within three days in accordance with Article 32.7 of the Code of Administrative Offenses of the Russian Federation. The driver's license is handed over to the territorial division of the traffic police, since it is this body that is obliged to execute the judicial act by which the citizen was brought to administrative responsibility. Only then does the period of deprivation of the special right begin to be calculated again.
When does the period of revocation of a driver's license end?
The day when the period of deprivation expires and you can finally get behind the wheel again is eagerly awaited by all motorists who, for one reason or another, were deprived of a special right.
The period ends exactly after the time period for which the driver was deprived.
After the court ruling comes into force, the countdown of the period for deprivation of the special right begins. In this case, the starting point may vary depending on whether the decision was challenged or not. If the decision has not been challenged, then to the date of the decision it is necessary to add the period established by law for challenging it, which is 10 days. In the case where the decision was challenged to a higher authority, the beginning of the period will be considered the date when the court issued a decision on the decision of the court of first instance.
Important!
If the driver does not surrender his license to the territorial traffic police office, the period of deprivation is interrupted. Consequently, the end of the period of deprivation also increases.
Thus, in order to determine the expiration date of deprivation of a driver’s license, the period for which the driver is deprived of a special right should be added to the start date of the deprivation period.
On which website can I check my driver's license for revocation?
There are many resources on the Internet that offer information about deprivation of a driver's license via the Internet. There is no point in contacting them, since each of these sites will in any case perform a search directly through the traffic police database, which is freely available to every visitor.
Often people are faced with the problem of not knowing the expiration date for revocation of a driver’s license. There are several options for resolving this issue.
Find out when the deprivation of rights ends on the official website of the State Traffic Safety Inspectorate of the Russian Federation
- Go to the official traffic police service, where you can check any driver’s license.
- On the right side you will see the section “Online services of the traffic police”. Under this inscription, select the action “Check driver”. A window will appear on your screen in which you need to fill in the following items: series and number of the driver’s license without spaces; date of issue of the driver's license; enter the number from the picture. then click the “Check driver’s license” button.
- You will see a window containing the following information: the period of revocation of your driver’s license; the reason for deprivation of rights, indicating the article of the Code of Administrative Offenses of the Russian Federation; date of entry into force of the punishment and number of months of deprivation of rights.
- At any time, you can check your rights and find out if there are restrictions using the traffic police service. This is a more convenient way.
Find out when the deprivation of rights ends through the regional traffic police department
You need to come with your passport to the regional traffic police office. In the department's duty room, you find out how to find the administrative practice room. In this office, a traffic police officer will provide you with all the necessary information about the period of deprivation of a driver’s license, when the punishment came into force and its expiration date.
Find out when deprivation of rights ends through a court order
In court, when the penalty was chosen, you should have been handed a document-decision. If you saved it, you can find out for yourself when the deprivation of rights ends. It indicates the court decision, and also that within 10 days you can appeal the court decision to a higher authority. This means that you can calculate when the period of deprivation of rights will end. To the date of entry into force of the punishment, add ten calendar days given for appeal.
All of the proposed options are suitable for determining when the period of revocation of a driver's license expires.
They occupy a separate place in a person’s life. They are expensive and time-consuming. In addition, this is one of the few completely official documents (after the passport) that can confirm the name of the owner.
Therefore, from time to time doubts arise: are they working, or is it necessary to do something? Today we will tell you how to check a driver’s license by the last name of a person (driver), and find out the period of deprivation of rights using the traffic police database.
How long will a driver's license be revoked?
According to the current legislation, Article 3.8 of the Code of Administrative Offenses of the Russian Federation establishes that the period of deprivation of a driver’s license cannot exceed three years, but the minimum limit is one month.
Minimum period of deprivation of rights
The law clearly defines the cases when a driver is subject to administrative punishment in the form of a fine for violating traffic rules, and when he is deprived of a special right. First of all, it determines the fact how serious the offense committed is. Therefore, the minimum period for deprivation of a driver's license is 1 month.
Maximum period of deprivation of rights
The maximum period of deprivation of a special right should not be more than three years, but this rule applies to one offense committed. The driver may commit several administrative offenses, for which liability is provided in the form of deprivation of a driver’s license, and therefore the period of deprivation may not be several months or three years, but more than five, in other cases, ten years. It all depends on the seriousness of the violation committed.
Procedure for calculating the period of deprivation of a driver's license
The procedure for calculating the period of deprivation of a special right is regulated by law and includes:
- determining the beginning of the period of deprivation of the driver's license;
- determining the period for which a person is deprived of a special right;
- determining the end of the period of deprivation of the driver's license.
How is the period of deprivation of a driver's license calculated - example
In order to correctly calculate the date of return of a driver’s license, we will give a more detailed example indicating the calculation rules:
- Let's find out the start date of the period of deprivation of a driver's license. If the protocol on the violation was drawn up on September 1, and the court issued a decision on the administrative offense on September 19, then two scenarios are possible:
- the decision was not disputed, the driver received a copy of the decision in his hands after the court hearing, then by September 19 we add 10 days (the right to appeal) - we get the start date of September 29;
- The decision was challenged in a higher court on October 17, so the period of deprivation begins on this day.
- The period of deprivation of a driver's license is 1 month;
- The end of the period of deprivation is calculated as follows: we add 1 month to the start date of the period and with the two options given we get:
- September 29 + 1 month = October 30 expiration date for deprivation of a driver’s license;
- October 17 +1 month = November 18 is the expiration date for revocation of a driver’s license.
It must be remembered that the start of the deprivation period may be delayed if the driver has not received a copy of the court order. Thus, the period will begin to count from the moment the driver receives a copy of the specified resolution.
When does the period of deprivation of a driver’s license begin if the license is in hand?
When a court makes a decision to deprive a driver of a special right for a certain period, it begins to be calculated from the moment a copy of this decision is received by the person in respect of whom it was made. But what to do if the driver has not submitted his license to the territorial traffic police office?
According to the law, the driver has three days to surrender his driver’s license after the court has issued a deprivation order and it has entered into force. If he does not fulfill this obligation, the period of deprivation is interrupted.
Important!
Evasion from submitting a driver's license or failure to comply with the three-day deadline is a violation of Art. 32.7 Code of Administrative Offenses of the Russian Federation. For such an unlawful action, a sanction is provided, which is expressed in the interruption of the period of deprivation of a driver’s license for the entire period of evasion of this obligation.
Didn’t surrender your license after being deprived for good reasons
Whatever the reasons, valid or not, the period of deprivation will be interrupted if the driver has not surrendered his license to the territorial traffic police office. The period will resume as soon as the VA is passed in accordance with the law.
Important!
If the driver does not surrender his license within 3 days after the decree comes into effect, the period of deprivation is interrupted. To renew it, you must surrender your license as soon as possible. There is currently no statute of limitations for revocation of a driver's license.
If your ID is lost, you should definitely write a statement about it to law enforcement agencies. Only upon receipt of an application will the period of deprivation of special rights be resumed.
How is the period of deprivation of rights calculated correctly for the second deprivation?
According to clause 3 of Article 32.7 of the Code of Administrative Offenses of the Russian Federation, if the driver was deprived of his driving license and was given an administrative penalty in the form of deprivation of his license, then the period of deprivation begins from the next day when the first period of deprivation of his driver’s license ends.
What does “made a decision” mean?
After drawing up a protocol on the offense, it is transferred to the traffic police, and then to the court, where it is considered with the aim of assigning punishment to the offender or acquitting him.
If the court makes a decision to deprive the offender of the right to drive a vehicle (vehicle), this means that after this act has entered into legal force, the person will not be allowed to drive for the period established by the court. Until the decision comes into effect, the violator has the right to appeal the court decision.
Attention! The decision to deprive a driver's license, if the decision was made by the court in accordance with the procedure established by law, is the basis for surrendering the driver's license after it comes into force.
What does “the counting has begun” mean and what moment is considered the beginning?
Court decisions can be appealed within 10 days by appealing to a higher authority. If no action was taken by the perpetrator of the offense, it will enter into legal force, which means that from that time on the period of deprivation of the driver's license begins. After the decision comes into force, the motorist must submit his license to the traffic police at his place of registration within three days.
The driver turns into a pedestrian for the entire duration of the punishment. When submitting the certificate, he fills out an application, which must be signed by the employee receiving the documents. The application will remain with the owner of the document transferred for storage.
In case of loss of the certificate, the owner must notify the traffic police of the loss no later than three days from the date of entry into force of the decision (Administrative Code of the Russian Federation, Article 32.7).
If the offender has not surrendered his driver's license, is the countdown still ongoing?
Reference. If the driver has not found time within three days to submit his license to the regulatory authority, the period of deprivation of the driver's license will not begin until the owner of the document justifies this act. If lost, a statement is written about this.
If the driver misleads the inspectors and uses a document that has become invalid when communicating with traffic police officers, this is considered an evasion of the driver’s duties. The period of punishment in this case will begin after the traffic police officers have seized or received a statement about the loss of the document.
Cases when a temporary document was issued instead of a seized document
Not all motorists understand whether it is worth submitting a temporary license. But it should be understood that this document is equivalent to the present one . Its validity period ends from the moment the court decision enters into legal force. It does not give any right to drive a car, and its presentation will be regarded as driving without a license - as is the case with an invalid license.
In the Administrative Code, Art. 32.7, there was a clear indication that the violator is obliged to take the driving test.
If the motorist has a temporary license and at the time of deprivation, that is, on the date when the court decision came into force, they are valid, the period of deprivation will be determined to begin only from the moment they cease to be valid. But driving with such documents is still prohibited.
Nobody obliges you to hand over a temporary certificate; this is not provided for by law. But for your own convenience, it is better to do the same as with the original document - take it to the traffic police department.
Are the terms of deprivation cumulative?
If the driver has violated several traffic rules, administrative liability for which provides for punishment in the form of deprivation of a driver's license, both before the court ruling on the deprivation of a special right and after, the terms for them are summed up and the period of deprivation for each offense runs one after the other. to others. For example, if a driver was deprived of the right to drive a vehicle for a month, and for another offense - for a year, the next period (annual) will begin to be calculated only after the end of the first.
How to find out the term of deprivation by last name?
Checking the driver’s personal data is possible at the traffic police department
.
- To do this, you should write a statement indicating the reason for the check being performed.
- Before this, you should make an appointment and bring a list of documents.
- The request can also be made electronically or by registered mail. Such a check is carried out within a month from the delivery of the document, which delays the time for receiving data.
There is also an online verification service that you can visit at any time.
The existing database contains all new and relevant data.
At the same time, there are other services for checking driver’s licenses and revoking them by last name, but they are not always conscientious. Often such checks require the deposit of funds. Moreover, the information available in their databases is often not true and is several years out of date.
Therefore, you should trust only official sources that will provide all the necessary information for free. In another situation, you may lose money and receive incorrect information.
The procedure for depriving a driver’s license for a set period of time is a long and complex process.
, often used in relation to unscrupulous citizens who often violate traffic criteria. There are different ways to find out the period during which an administrative penalty will apply.
Currently, there is both the possibility of online verification and direct contact with the local traffic police department. It is also important to correctly set the end time of the punishment, which is quite difficult, since calculations depend on many factors.
Deprivation of a driver's license leads to a logical thought: “How is the period of deprivation of a license calculated?” It seems that there is nothing complicated here, but if there are several court decisions, how is this period calculated? In this article we will answer questions regarding the calculation of the term.
